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

12. Payment of medical expenses
(1) Subject to this section, a person who suffers from pneumoconiosis or mesothelioma (or both) and to whom compensation is payable under section 4 shall be entitled to the reasonable medical expenses in respect of such medical treatment as is reasonably necessary in connection with the above disease or diseases suffered by him. (Amended 16 of 2006 s. 24; 6 of 2008 s. 12)
(2) Medical expenses under this section— (Amended 16 of 2006 s. 24)
(a) shall be payable in accordance with Part I of the Second Schedule;
(b) in respect of a disease mentioned in subsection (1) shall be payable only in respect of the period subsequent to the date of diagnosis of that disease; (Replaced 6 of 2008 s. 12)
(c) shall not be payable where the person’s employer, if any, provides a reasonable level of medical treatment free of charge to the person and the person fails, without reasonable excuse, to submit himself for such treatment. (Amended 16 of 2006 s. 24)
(3) Medical expenses shall not cease under subsection (2)(c) to be payable—
(a) in respect of medical treatment given to a person by, or under the supervision of, a registered medical practitioner unless the medical treatment provided free of charge to him by the person’s employer covers medical treatment given by, or under the supervision of, a registered medical practitioner; or
(b) in respect of medical treatment given to a person by, or under the supervision of, a registered Chinese medicine practitioner unless the medical treatment provided free of charge to him by the person’s employer covers medical treatment given by, or under the supervision of, a registered Chinese medicine practitioner. (Added 16 of 2006 s. 24)
(4) Medical expenses under this section shall not be payable in respect of medical treatment given in a place outside Hong Kong unless—
(a) the medical treatment was given lawfully under the law of that place by, or under the supervision of, a registered medical practitioner or registered Chinese medicine practitioner in that place; and
(b) the medical treatment was medical treatment that might have been given lawfully by him or under his supervision (as the case may be) in the course of his practice in Hong Kong. (Added 16 of 2006 s. 24)
(Replaced 54 of 1993 s. 9)

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

12A. Payment of expenses for medical appliances
(1) Subject to this section, a person who suffers from pneumoconiosis or mesothelioma (or both) and to whom compensation is payable under section 4 shall be entitled to the reasonable expenses of the use or supply of medical appliances where such use or supply is reasonably necessary in connection with any incapacity arising from the above disease or diseases suffered by him. (Amended 6 of 2008 s. 13)
(2) Expenses for medical appliances under this section—
(a) shall be payable only in respect of medical appliances of a kind specified in Part II of the Second Schedule;
(b) in respect of a disease mentioned in subsection (1) shall be payable only in respect of the period subsequent to the date of diagnosis of that disease. (Replaced 6 of 2008 s. 13)
(Added 54 of 1993 s. 10)

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

13B. Certain sections do not confer additional compensation to persons with both diseases
For the avoidance of doubt, where—
(a) a person is suffering from both pneumoconiosis and mesothelioma; and
(b) the person or the members of his family is or are entitled to compensation or other payment under section 5, 5A, 5B, 6(1)(b) or 11,
the amount of compensation or other payment payable to the person or the members of his family under each of those sections shall not be higher than the amount the person or the members of his family would have been entitled to under that section had the person been only suffering from one of the above diseases.
(Added 6 of 2008 s. 16)

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

14. Claims for compensation
(1) Where—
(a) a person suffers from pneumoconiosis or mesothelioma (or both) and wishes to claim compensation; or
(b) a person who suffers from pneumoconiosis or mesothelioma (or both) dies (whether as a result of the above disease or diseases or from a cause other than the above disease or diseases) and any member of his family wishes to claim compensation,
the person, or the member of his family, as the case may be, shall as soon as practicable notify the Commissioner of his claim in such form as the Commissioner may specify. (Amended 6 of 2008 s. 17)
(1A) Where—
(a) a person has been determined by the Pneumoconiosis Medical Board to be suffering from either pneumoconiosis or mesothelioma; and
(b) that person subsequently suffers from the other of the 2 diseases and he wishes to make a further claim for compensation for that other disease,
instead of notifying the Commissioner under this section in respect of the further claim, he shall request the Pneumoconiosis Medical Board to conduct a further medical examination, and section 23A applies to the request accordingly. (Added 6 of 2008 s. 17)
(2) On receipt of a notice under subsection (1), the Commissioner shall, subject to subsection (3)—
(a) request the Pneumoconiosis Medical Board to examine the person for the purpose of determining the matters referred to in section 24(1)(a); or
(b) in the case of the death of a person, request the Pneumoconiosis Medical Board to make a determination under section 24(2) in respect of the deceased person.
(3) Where the Commissioner is satisfied that the claimant is a person other than a person referred to in section 4(4), he may decline to act under subsection (2), but shall in such case inform the claimant in writing of his decision and the reasons for the decision.
(Replaced 54 of 1993 s. 14)