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

39E. Value of quarry products
(1) For the purposes of this Ordinance, value (價值), in relation to any quarry products, means the value of the quarry products.
(2) The Board may have regard to any or all of the following matters when ascertaining the value of any quarry products—
(a) the type and volume of the quarry products;
(b) the market price of the quarry products at the time of production.

40. Variation of compensation limits and daily rates for medical expenses
The Legislative Council may by resolution amend—
(a) any monetary amount specified in the First or Second Schedule;
(b) Part II of the Second Schedule.
(Amended 54 of 1993 s. 35)

40A. Subrogation
(1) Where any payment is made by the Board under section 5A to a member of the family of a deceased person, all the rights and remedies of the member of the family with respect to compensation or damages against a third party, if any, whose act or default not connected with pneumoconiosis or mesothelioma has caused or contributed to the death of the deceased person shall, to the extent of the amount of the payment made by the Board, be transferred to and vested in the Board for the benefit of the Fund, and the Board may exercise such rights and remedies either by joining in an action begun by the member of the family against the third party or by instituting separate proceedings. (Amended 6 of 2008 s. 25)
(2) Where the amount of any such compensation or damages to which a member of the deceased’s family is entitled exceeds the amount of any such payment under section 5A made by the Board, nothing in this section shall affect the rights or remedies of the member of the family in respect of the amount of the excess.
(Added 54 of 1993 s. 36)

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

40B. Administration of ex gratia payments
(1) Where the Board, in pursuance of the function referred to in section 26(1)(bb), receives from the Government moneys designated as ex gratia payments to persons suffering from pneumoconiosis, the Board shall—
(a) hold the moneys in a separate account;
(b) distribute the moneys in the manner stipulated by the Government from time to time as to—
(i) the amount of any payment;
(ii) the person to whom any payment should be made;
(iii) the conditions subject to which any payment may be made;
(c) subject to the prior approval of the Financial Secretary, invest the moneys as the Board thinks fit.
(2) The Board may deduct from moneys received from the Government under this section its expenses incurred in performing its function under section 26(1)(bb).
(3) Part VI shall not apply to moneys referred to in this section.
(Added 54 of 1993 s. 36)

40C. Certificate to be evidence
A certificate purporting to be issued under section 15, 15B or 24 and to be signed by or for the Commissioner, the Board or the Pneumoconiosis Medical Board as the case may be shall be admissible in evidence without further proof on its production in any court and—
(a) until the contrary is proved, it shall be presumed that the certificate is so issued and signed;
(b) if admitted in evidence, shall be evidence of the matters stated in the certificate.
(Added 54 of 1993 s. 36)

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

40D. Survival of entitlement to compensation and payment under the Ordinance
(1) Where a person who is entitled to compensation or other payment dies before the issue of a certificate by the Board under section 15B or a determination by the Board under section 12B, the entitlement of that person to compensation or other payment under this Ordinance shall not survive his death, and the legal personal representative of the deceased person shall have no claim to such compensation or other payment.
(2) Notwithstanding any other law, where a person claiming compensation under section 14(1)(a) dies before the payment of any compensation to which that person is entitled by virtue of a certificate issued by the Board under section 15B, or before the payment of any medical expenses or expenses for medical appliances to which that person is entitled by virtue of a determination made by the Board under section 12B, the legal personal representative of the deceased person shall have no right to payment of such compensation or expenses, and any such amounts shall be payable— (Amended 16 of 2006 s. 30)
(a) except where paragraph (b) applies, to the members of the deceased person’s family as if they were compensation to which section 17(1) applied;
(b) in the case of expenses which were incurred by another person for the benefit of the person claiming compensation or were paid for by another person on his behalf, to that other person. (Replaced 4 of 1996 s. 8)
(3) Notwithstanding any law, where a person claiming compensation under section 14(1)(b) dies before the payment of any compensation to which that person is entitled by virtue of a certificate issued by the Board under section 15B, the legal personal representative of the deceased person shall have no right to payment of the compensation, and any such amount shall be dealt with by the Board as if that person had died before the issue of the certificate.
(4) Part III shall apply to any claim by a member of family for an amount referred to in subsection (2) as if such claim were a claim for compensation under section 14(1)(b).
(Added 54 of 1993 s. 36)

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

40E. Payment of medical expenses etc. to other persons
(1) Where a person who is entitled to any medical expenses under section 12 or expenses for the use or supply of medical appliances under section 12A dies before a determination has been made by the Board under section 12B in respect of those expenses, any person who had incurred such expenses for the benefit of the deceased person or had paid for such expenses on his behalf, or any person having a claim against the estate of the deceased person in respect of such expenses, shall be entitled to payment of those expenses by the Board.
(2) A person claiming payment of expenses from the Board under this section shall serve on the Board a request in writing for such payment together with such documentary evidence of his claim as the Board may require.
(3) The Board shall—
(a) within 21 days of receipt of a request under subsection (2), determine whether or not the expenses specified in the request are payable under this section and inform the person in writing of the amount, if any, it determines to be payable;
(b) within a further 7 days, pay from the Fund to the person any amount so determined to be payable.
(Added 4 of 1996 s. 9)

41. Compensation not to be assigned, charged or attached
Compensation shall not be capable of being assigned, charged or attached, and shall not pass to any other person by operation of law nor shall any claim be set off against such compensation.

42. Supply of particulars
(1) For the purposes of determining any matter to be determined under this Ordinance, the Board or the Commissioner may require—
(a) any person claiming compensation or other payment, or the employer or previous employer of such person;
(b) in the case of the death of a person, any previous employer of the deceased person,
to provide such particulars as the Board or the Commissioner may think necessary for the purposes of this Ordinance, and particulars under this section shall be provided orally, or in writing, or by the production of documents as the Board or the Commissioner may direct. (Replaced 54 of 1993 s. 37)
(2) (Repealed 54 of 1993 s. 37)(3) Any person or employer who, without reasonable excuse, fails or refuses to provide any particulars required to be provided under this section, or who wilfully and with intent to deceive provides any particulars which are false in any material particular, commits an offence and shall be liable to a fine at level 2. (Amended 54 of 1993 s. 37; E.R. 5 of 2021)