Summary of Major Amendments made under the Pneumoconiosis (Compensation) (Amendment) Ordinance 2008
Pneumoconiosis (Compensation) (Amendment) Ordinance 2008
- Upon commencement of the Pneumoconiosis (Compensation) (Amendment) Ordinance 2008 on 18 April 2008, the Pneumoconiosis (Compensation) Ordinance is re-titled as the "Pneumoconiosis and Mesothelioma (Compensation) Ordinance" in tandem with the extension of its coverage to include mesothelioma. With the amendments:
- cancerous mesothelioma is a compensable disease under the Ordinance - "mesothelioma" is defined as "a primary malignant neoplasm of the mesothelial tissue due to dust of asbestos or dust containing asbestos";
- mesothelioma sufferers are subject to the same eligibility criteria as the pneumoconiotics under the Ordinance for the purpose of application for compensation, i.e. to be eligible for compensation under the Ordinance, a person diagnosed as suffering from mesothelioma should have to be resident in Hong Kong for 5 years or more; mesothelioma sufferers with less than 5 years' residence are also eligible if they contracted the disease in Hong Kong;
- eligible mesothelioma sufferers are entitled to the same compensation and benefits as those for pneumoconiotics;
- the Pneumoconiosis Medical Board (PMB) is empowered to assess whether the claimants are suffering from mesothelioma and the degree of incapacity, and to determine the cause of death of the sufferers in fatal cases; and
- only persons who are diagnosed by the PMB on or after 18 April 2008 (i.e. the date of commencement of the amended provisions) to be suffering from mesothelioma, or family members of deceased mesothelioma sufferers whose death occurs on or after 18 April 2008 and is diagnosed by the PMB to have been resulted from mesothelioma, may apply for compensation under the Ordinance.
- Full text of the Pneumoconiosis (Compensation) (Amendment) Ordinance 2008 (PDF)
- For enquiry, please call 2852 4821.