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

15. Commissioner to determine certain matters and issue certificate
(1) Where the Commissioner receives a certificate issued by the Pneumoconiosis Medical Board under section 24 in respect of a claim under section 14(1), and—
(a) the certificate states that the person claiming compensation suffers from pneumoconiosis or mesothelioma (or both) or (in the case of the death of a person) that the deceased person suffered from the above disease or diseases at the time of his death; and (Amended 6 of 2008 s. 18)
(b) in the case of a claim under section 14(1)(a), the person claiming compensation has not previously received compensation under this Ordinance,
the Commissioner shall determine the matters set out in subsection (2) and shall issue a certificate stating his determination as to those matters.
(2) The matters to be determined by the Commissioner and stated in a certificate issued under subsection (1) are—
(a) whether the claimant is a person referred to in section 4(4); and
(b) in the case of a claim under section 14(1)(b), the names of the members of the family to whom compensation is payable pursuant to section 17, and the relationship of each such member of the family to the deceased person.
(3) A certificate issued under subsection (1) shall be sent to—
(a) the person or any member of the family claiming compensation under section 14(1) and any person named in the certificate for the purposes of subsection (2)(b); and
(b) the Board.
(4) An application by any person for a review pursuant to section 19D of a decision of the Commissioner as to any matter required to be determined by the Commissioner and stated in a certificate issued by the Commissioner under this section shall be brought—
(a) in the case of a claim made under section 14(1)(a), within 14 days after the person’s receipt of the Commissioner’s certificate; or
(b) in the case of a claim made under section 14(1)(b), within 3 months after the person’s receipt of the Commissioner’s certificate,
or within such longer period as the Commissioner may allow.
(5) Following his review of a decision referred to in subsection (4), the Commissioner shall issue to the persons referred to in subsection (3) and to the applicant for the review a certificate stating the result of the review.
(Replaced 54 of 1993 s. 15)

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

15A. Interim payments of compensation to family members
(1) Where in the case of a claim by a member of the family of a person who has died—
(a) a certificate has been issued by the Pneumoconiosis Medical Board stating that the person’s death resulted from pneumoconiosis or mesothelioma (or both); and (Amended 6 of 2008 s. 19)
(b) a certificate has been issued by the Commissioner stating that the claimant is a person referred to in section 4(4)(b),
the Board shall, subject to subsection (3), make interim payments from the Fund of an amount equal to the average monthly earnings as defined in Part VII of the First Schedule.
(2) Interim payments under this section—
(a) shall be payable to the members of the family named in the certificate pursuant to section 15(2)(b) and shall be payable to such members in the same proportion as if it were compensation to which section 17(1) applied; (Amended 4 of 1996 s. 5)
(b) shall be payable—
(i) as to the first such payment, within 21 days after receipt by the Board of the Commissioner’s certificate;
(ii) as to each subsequent payment, within 30 days of the preceding payment becoming payable;
(c) shall cease to be payable—
(i) upon the Board receiving notice that an application has been made for review of the Commissioner’s decision as to any matter referred to in section 15(2)(b); or
(ii) upon the expiration of the period allowed under section 15(4) for an application for review,

whichever first occurs.
(3) Any amount paid from the Fund pursuant to subsection (1)—
(a) shall be deducted from the compensation payable under this Ordinance to the members of the family;
(b) shall not be recoverable from the person to whom it is paid, unless such payment has been obtained by fraud or other improper means.
(Added 54 of 1993 s. 15)

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

15B. Board to determine amount of compensation
(1) Where a certificate is issued by—
(a) the Commissioner under section 15(1) in respect of a claim under section 14(1); or
(b) the Pneumoconiosis Medical Board under section 24(4) in respect of a medical examination under section 23A,
the Board shall determine the amounts of compensation, if any, payable to the person or members of the family and shall issue to the claimant, and (in the case of the death of a person) to any member of the family named in the Commissioner’s certificate, a certificate showing the calculation of those amounts.
(2) A certificate referred to in subsection (1) shall be issued by the Board—
(a) within 14 days after the expiry of the time limited for the making of an application for review of the decision of the Commissioner or the Pneumoconiosis Medical Board as to any matter referred to in the certificate; or
(b) where any such application for review has been made, within 14 days after receipt by the Board of the certificate of the Commissioner issued under section 15(5) or of the Pneumoconiosis Medical Board issued under section 24(6).
(3) An application by any person for a review pursuant to section 19D of a decision of the Board as to any matter required under this section to be determined by the Board and stated in a certificate issued by the Board shall be made within 14 days after the person’s receipt of the certificate, or within such longer period as the Commissioner may allow.
(4) Following its review of any decision referred to in subsection (3), the Board shall issue a certificate—
(a) stating that the original determination of amounts is confirmed; or
(b) stating the revised determination of the amounts of compensation and showing the calculation of those amounts.
(Added 54 of 1993 s. 15)