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

15C. Payment of compensation
(1) The Board shall pay from the Fund compensation within 7 days after payment is due.
(2) For the purposes of subsection (1), and subject to subsection (3), payment of compensation to any person is due—
(a) in the case of an initial payment of an amount shown in a certificate issued by the Board under section 15B(1), on the 14th day after—
(i) the issue of that certificate; or
(ii) where an application for review of a decision of the Board as referred to in section 15B(3) has been made, the issue of the Board’s certificate under section 15B(4);
(b) in the case of monthly payments of compensation pursuant to section 6 or for care and attention, subsequent to the initial payments of such compensation, on the last day of the month for which the payment is made.
(3) In respect of a claim under section 14(1)(b) by the member of the family of a person who has died—
(a) where an application has been made under section 15(4) for a review of a decision of the Commissioner as to any matter referred to in section 15(2)(b), payment of compensation shall not be due until such review, or any appeal in respect of such matter, has been finally determined, or any time allowed for the bringing of such appeal has expired and no appeal has been commenced; or
(b) where no such application has been made, payment of compensation is due—
(i) on the 14th day after the issue of a certificate by the Board under section 15B(1); or
(ii) where an application for review of any decision of the Board under section 15B(1) has been made, on the 14th day after the issue of the Board’s certificate under section 15B(4).
(4) Where the period in respect of which the compensation pursuant to section 6 or for care and attention is payable is less than 1 month, the amount of compensation payable shall be pro rata to the period. (Amended 4 of 1996 s. 6)
(Added 54 of 1993 s. 15)

16. Persons entitled to payment of compensation
(1) The compensation shall be payable to or for the benefit of a person, or, in the case of the death of a person, to or for the benefit of the members of his family as provided by this Ordinance. (Amended 54 of 1993 s. 16)
(2)-(3) (Repealed 54 of 1993 s. 16)

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

18. Limitation of time for claiming compensation
(1) Subject to subsection (2), a claim for compensation or other payment under Part II in respect of the death of a person shall be made within 24 months after the date of such death. (Replaced 54 of 1993 s. 18)
(2) Notwithstanding subsection (1), the Commissioner or the Board, as the case may be, may receive any claim for compensation or other payment in any case after the expiry of the period specified in that subsection if he or it is satisfied that there was reasonable excuse for the failure to make a claim within such period. (Amended 54 of 1993 s. 18)

19. Board to pay compensation to Government in certain circumstances
Where a person in the service of, or formerly in the service of, the Government is paid pension for incapacity, or in the case of the death of such person who was suffering from pneumoconiosis or mesothelioma (or both) where pension is paid to the members of his family, under any Ordinance providing for the grant of such pension, the Board shall pay to the Government from the Fund a sum of money equal to the amount of money that would have been payable as compensation had that person not been disqualified to claim compensation by reason of section 4(3)(c).
(Amended 54 of 1993 s. 19; 6 of 2008 s. 20)

19A. Verification by Board of persons receiving compensation
(1) Where the Board has reason to believe that a person entitled to receive any monthly payment of compensation for incapacity or care and attention to be paid by the Board has died, it may withhold such payment until it has ascertained whether or not the person is still alive.
(2) The Board may, by notice sent by registered post to the last known address of any person who is entitled to receive compensation in the form of monthly payments, require such person to appear before the Board in person and to furnish proof of identity, and where a person fails to comply with such a requirement the Board may, unless the person has furnished to the Board a reasonable excuse for his failure to so comply, withhold further payment of compensation until the Board’s requirement is complied with.
(Added 54 of 1993 s. 20)

19B. Excess payments of compensation
Where the Board has paid to any person an amount of compensation in excess of the amount to which he is entitled under this Ordinance, the Board may deduct such amount of excess payment from any compensation payable—
(a) to that person for incapacity; or
(b) in consequence of the death of that person.
(Added 54 of 1993 s. 20)

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

19C. Claims for compensation etc. under this Ordinance
Nothing in this Ordinance shall be construed as providing for a claim to be made in respect of compensation or other payment under this Ordinance except in the manner provided in this Part.
(Added 54 of 1993 s. 20)

19D. Reviews
(1) Subject to this section, any person who is dissatisfied with a decision of the Commissioner, the Board or the Pneumoconiosis Medical Board made in the exercise of powers conferred under this Ordinance may apply to the Commissioner, the Board or the Pneumoconiosis Medical Board (as the case may be) for a review of that decision.
(2) An application under this section for a review of any decision shall—
(a) be made by notice in writing;
(b) state the grounds upon which the decision should be reviewed;
(c) be made—
(i) where any period is specified in this Ordinance for the making of an application for a review in any case, within the period so specified; or
(ii) where no such period is specified, within 1 month of receipt by the applicant of notice of such decision, or within such further period as the Commissioner may allow.
(3) On receipt of an application under subsection (1) the Commissioner, the Board or the Pneumoconiosis Medical Board shall review the decision in question and, after giving the applicant and any other interested person the opportunity of making written submissions, may affirm, vary or rescind the decision and shall give notice of his or its decision to the applicant and such other person.
(4) In subsection (3), interested person (有利害關係的人) means—
(a) any person to whom notice of the decision under review was given;
(b) such other person as may be specified in regulations made under section 47.

(Added 54 of 1993 s. 21)