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

5. Compensation for death resulting from pneumoconiosis or mesothelioma (or both)
(Amended 6 of 2008 s. 6)(1) Subject to this section, where a person dies as a result of pneumoconiosis or mesothelioma (or both) and is survived by any member of his family, the compensation payable shall be a lump sum amount in accordance with Part I of the First Schedule. (Amended 6 of 2008 s. 6)
(2) Where compensation has been paid pursuant to section 6 (whether as compensation in respect of pneumoconiosis or mesothelioma (or both)) to a person referred to in subsection (1) there shall be deducted from the amount payable under subsection (1) to that person the current value of any amounts so paid as compensation. (Amended 6 of 2008 s. 6)
(3) Where the amount otherwise payable under this section would be less than the amount specified in Part V of the First Schedule, the amount payable under this section shall be the amount so specified.
(4) For the purposes of subsection (2) the current value of any amounts paid under section 6 shall be—
(a) in the case of any amounts paid within the period of 12 months preceding the person’s death, those amounts;
(b) in the case of any amounts paid during consecutive 12 month periods preceding the period referred to in paragraph (a), the sum of the amounts paid in any such period increased by reference to the percentage increase (if any) in the Consumer Price Index (A) during the period beginning with the earliest month in the period and ending with the month in which the death occurred.
(5) In this section Consumer Price Index (A) (甲類消費物價指數) means the index of that name compiled by the Commissioner for Census and Statistics.
(Replaced 54 of 1993 s. 4)

5A. Compensation for bereavement
(1) Where a person who was suffering from pneumoconiosis or mesothelioma (or both) dies and at the time of his death no certificate had been issued by the Board under section 15B(1) in respect of any of the above diseases, compensation for bereavement shall be payable to the members of his family who survive him. (Amended 6 of 2008 s. 7)
(2) Compensation payable under this section shall be—
(a) in the form of a lump sum amount in accordance with Part V of the First Schedule;
(b) in addition to any compensation that may be payable under section 5.
(Added 54 of 1993 s. 4)

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

5B. Funeral expenses
Where a person to whom compensation is payable under section 4 dies as a result of pneumoconiosis or mesothelioma (or both), the reasonable expenses of the funeral of the deceased person as provided in Part VI of the First Schedule shall be payable by the Board to any person who has incurred such expenses.
(Added 54 of 1993 s. 4. Amended 6 of 2008 s. 8)

6. Compensation for incapacity subsequent to date of diagnosis
(1) Where incapacity results from pneumoconiosis or mesothelioma (or both), the compensation payable in respect of the period beginning from the date of diagnosis shall be— (Amended 6 of 2008 s. 9)
(a) an amount calculated by reference to the degree of such incapacity, as follows—
(i) for the period of any total incapacity, a monthly amount in accordance with Part II of the First Schedule; or
(ii) for the period of any partial incapacity, a monthly amount equal to such percentage of the compensation payable in the case of total incapacity as is proportionate to the degree of partial incapacity of the person as determined from time to time under this Ordinance; and
*(b) a monthly amount as specified in Part IIA of the First Schedule as compensation for any pain, suffering and loss of amenities arising from the pneumoconiosis or mesothelioma (or both), which amount shall be payable regardless of the degree of such pain, suffering or loss. (Replaced 4 of 1996 s. 4. Amended 6 of 2008 s. 9)
(2) Compensation under this section shall be payable until death.
(Replaced 54 of 1993 s. 5)Editorial Note:
* Please also see section 14 of 4 of 1996.

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

10. Compensation for incapacity prior to date of diagnosis
(1) Subject to subsections (2) and (3), where incapacity results from pneumoconiosis or mesothelioma (or both), the compensation payable in respect of the period from the earliest diagnosed date to the date of diagnosis shall be a lump sum amount in accordance with Part III of the First Schedule, and such amount shall be payable regardless of the degree of incapacity of the person during that period. (Amended 6 of 2008 s. 10)
(2) Where—
(a) a person has not previously received compensation under this Ordinance;
(b) subsequently the Pneumoconiosis Medical Board determines on a certain date that the person is suffering from both pneumoconiosis and mesothelioma; and
(c) there are different earliest diagnosed dates for the 2 diseases,
then for the purposes of calculating the compensation payable under subsection (1)—
(d) the earlier of the 2 earliest diagnosed dates shall be taken as the earliest diagnosed date for both diseases under that subsection; and
(e) the degree of incapacity of the person at the date of diagnosis resulting from both diseases as determined by the Pneumoconiosis Medical Board shall be the degree of incapacity for determining the multiplier in paragraph 2 of Part III of the First Schedule. (Added 6 of 2008 s. 10)
(3) Where a person has already received compensation under this Ordinance in respect of either pneumoconiosis or mesothelioma (the first disease) and the Pneumoconiosis Medical Board subsequently made a determination that the person is also suffering from the other of the 2 diseases (the second disease), then for the purposes of calculating the compensation payable under subsection (1) in respect of the second disease—
(a) the earliest diagnosed date of the second disease shall be taken as the earliest diagnosed date for that disease under that subsection; and
(b) the degree of incapacity of the person for determining the multiplier in paragraph 2 of Part III of the First Schedule shall be the difference between—
(i) the aggregate degree of incapacity of the person resulting from both pneumoconiosis and mesothelioma at the date of diagnosis of the second disease as determined by the Pneumoconiosis Medical Board; and
(ii) the degree of incapacity of the person resulting from the first disease as determined by the Pneumoconiosis Medical Board on the basis of the last medical examination of the person under this Ordinance. (Added 6 of 2008 s. 10)
(Replaced 54 of 1993 s. 7)

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

11. Compensation for constant attention
(1) Where the incapacity which results from pneumoconiosis or mesothelioma (or both) is of such a nature that the person is unable to perform the essential actions of life without the care and attention of another person, in addition to any compensation under the other provisions of this Ordinance, compensation in respect of such care and attention shall be payable under this section. (Amended 6 of 2008 s. 11)
(1A) Compensation under this section shall not be payable in respect of any continuous period in excess of 1 month for which a person is receiving medical treatment as an in-patient in a hospital unless the Board in its discretion otherwise directs. (Added 54 of 1993 s. 8)
(2) Compensation under this section shall be a monthly amount in accordance with Part IV of the First Schedule.
(Amended 54 of 1993 s. 8)