### Pneumoconiosis and Mesothelioma (Compensation) Ordinance 《肺塵埃沉着病及間皮瘤(補償)條例》

20. Appeals
(1) Subject to this section, an appeal shall lie to the Court from any decision of the Commissioner, the Board or the Pneumoconiosis Medical Board. (Amended 54 of 1993 s. 22)
(2) Except with the leave of the Court (which shall not be granted unless in the opinion of the Court some substantial question of law is involved in the appeal) no appeal shall lie if the amount in dispute is less than $5,000. (Amended 54 of 1993 s. 22)
(3) No appeal shall lie from any decision—
(a) unless an application for review under section 19D in respect of that decision has first been determined; or
(b) in any case in which an order has been made by the Court giving effect to an agreement come to by the parties. (Replaced 54 of 1993 s. 22)
(4) Subject to subsections (5) and (6), no appeal shall lie from any decision after the expiration of 6 months from the determination of a review in relation to that decision. (Replaced 54 of 1993 s. 22)
(5) Subject to subsection (6), no appeal shall lie from any decision of the Commissioner as to a matter referred to in section 15(2)(b) after the expiration of 1 month from the determination of a review in relation to that decision. (Added 54 of 1993 s. 22)
(6) The Court may, if it thinks fit, extend the time within which to appeal under this section notwithstanding that that time has elapsed. (Added 54 of 1993 s. 22)
(7) On an appeal under this section, the Court may confirm, vary or reverse any decision of the Commissioner, the Board or the Pneumoconiosis Medical Board, and may make any further order, including any order as to costs, as it thinks fit. (Added 54 of 1993 s. 22)
(8) In this Part, decision (決定) includes a determination, and the power conferred on the Court under subsection (7) to confirm, vary or reverse any decision includes the power to determine the amount of compensation or other moneys payable under this Ordinance. (Added 54 of 1993 s. 22)
(9) The Board may, for the purpose of the protection of the Fund, and on such terms as it sees fit, enter into a compromise of any appeal or proposed appeal and may make any payment from the Fund for that purpose. (Added 54 of 1993 s. 22)

### Pneumoconiosis and Mesothelioma (Compensation) Ordinance 《肺塵埃沉着病及間皮瘤(補償)條例》

21. Power of Commissioner etc. to submit questions of law
(1) The Commissioner, Board, Pneumoconiosis Medical Board or Court may, if he or it thinks fit, submit any question of law for the decision of the Court of Appeal. (Amended 54 of 1993 s. 23)
(2) Such submission shall be made in such form and in such manner as if it were a submission under section 22 of the Employees’ Compensation Ordinance (Cap. 282), and any rules of court made under that Ordinance relating to submissions under that section shall apply, with such changes as may be necessary, to a submission under this section.

22. Appointment of Pneumoconiosis Medical Board
The Director of Health shall appoint a board to be known as the Pneumoconiosis Medical Board which shall consist of— (Amended L.N. 76 of 1989)
(a) 2 registered medical practitioners; and (Amended 16 of 2006 s. 27)
(b) the Occupational Health Consultant, or a Senior Occupational Health Officer or an Occupational Health Officer. (Amended L.N. 248 of 1982; 54 of 1993 s. 24)

23. Medical examination
(1) The Pneumoconiosis Medical Board shall, if requested under this Ordinance to conduct a medical examination of any person, give notice in writing to such person requiring him to submit himself to a medical examination on such date and at such time and place as is specified in the notice. (Amended 54 of 1993 s. 25)
(2) Where a person who receives a notice under subsection (1) is employed, he shall as soon as possible notify his employer (if any) of the date, time and place for the medical examination.
(3) For the purpose of attending to undergo a medical examination an employer shall grant to the person referred to in this section the necessary leave of absence from work and the employer shall pay the person the wages or salary in respect of such absence from work or the wages or salary he would have earned if he had worked during such period.
(4) Any employer who without reasonable excuse contravenes subsection (3) commits an offence and is liable to a fine at level 3. (Amended 54 of 1993 s. 25; E.R. 5 of 2021)

### Pneumoconiosis and Mesothelioma (Compensation) Ordinance 《肺塵埃沉着病及間皮瘤(補償)條例》

28. Payments by the Board from the Fund
The Board shall pay from the Fund the following—
(a) compensation under this Ordinance;
(aa) fees charged by the Pneumoconiosis Medical Board, a registered medical practitioner or a registered Chinese medicine practitioner for, or in connection with, giving an opinion for the purposes of section 12B; (Added 16 of 2006 s. 29)
(ab) expenses paid as the fees charged by a registered medical practitioner or registered Chinese medicine practitioner for preparing a medical report for the purposes of section 12B; (Added 16 of 2006 s. 29)
(b) damages, interest and costs payable or settled under section 13;
(ba) any sums, including costs, payable in respect of an appeal, or the compromise of an appeal or a proposed appeal, under section 20; (Added 54 of 1993 s. 30)
(c) any sums payable under section 19;
(ca) funeral expenses payable under section 5B; (Added 54 of 1993 s. 30)
(d) medical expenses and expenses for medical appliances; (Replaced 54 of 1993 s. 30. Amended 16 of 2006 s. 29)
(e) medical examination fees for medical examinations under section 23;
(ea) expenses incurred by the Board for the purposes of section 26(1)(ba); (Added 65 of 1987 s. 3)
(f) expenses incurred by the Board for the purposes of this Ordinance, including fees charged by the Financial Secretary for services provided to the Board by the Government; (Amended 54 of 1993 s. 30)
(g) any other sums payable by the Board by virtue of or under this Ordinance.