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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Government indicated that the Bill for an Ordinance, intended to bring the Workmen’s Compensation Ordinance into conformity with Articles 5 and 9 of the Convention, to which it had referred earlier, has not yet been enacted. It adds that the comments expected from the organizations to which the draft was sent have been received and that the draft would probably be processed by the legislator in the course of the next year. Noting this information, the Committee hopes that the legislation will be adopted in the very near future so as to give full effect to Articles 5 and 9 of the Convention. It would be grateful if the Government would provide a copy of the legislation in force with its next report.
The Government indicates in its last report that the Bill for an Ordinance, intended to bring the Workmen’s Compensation Ordinance into conformity with Articles 5 and 9 of the Convention, to which it had referred earlier, has not yet been enacted. It adds that the comments expected from the organizations to which the draft was sent have been received and that the draft would probably be processed by the legislator in the course of the next year. Noting this information, the Committee hopes that the legislation will be adopted in the very near future so as to give full effect to Articles 5 and 9 of the Convention. It would be grateful if the Government would provide a copy of the legislation in force with its next report.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request which read as follows:
The Government indicates in its last report that the Bill for an ordinance to bring the Workmen’s Compensation Ordinance into line with Articles 5 and 9 of the Convention was not enacted as previously indicated because of the lack of response from the various organizations to whom the Bill was copied for comments. The Government adds that the matter was raised once again with a view to presenting a bill to the Legislative Council. The Committee notes this information and hopes that the legislation will be adopted in the very near future in order to ensure the full application of Articles 5 and 9 of the Convention. It would appreciate receiving a copy of the law as enacted when the report is next due.
In reply to the Committee’s previous comments, the Government indicates in its last report that the Bill for an ordinance to bring the Workmen’s Compensation Ordinance into line with Articles 5 and 9 of the Convention was not enacted as previously indicated because of the lack of response from the various organizations to whom the Bill was copied for comments. The Government adds that the matter was raised once again with a view to presenting a bill to the Legislative Council. The Committee notes this information and hopes that the legislation will be adopted in the very near future in order to ensure the full application of Articles 5 and 9 of the Convention. It would appreciate receiving a copy of the law as enacted when the report is next due.
[The Government is asked to report in detail in 2002.]
In reply to the Committee's previous comments, the Government indicates that the legislation necessary to bring the Workmen's Compensation Ordinance into line with Articles 5 and 9 of the Convention has been drafted and will be presented to the Legislative Council at its next session. The Committee notes this information and hopes that the legislation will be adopted in the near future. It would appreciate receiving a copy of the law as enacted when the report is next due.
In reply to the Committee's previous observation, the Government indicates that the necessary legislation to bring the Workmen's Compensation Ordinance into line with Articles 5 and 9 of the Convention is in the process of being drafted and will be presented to the Legislative Council at the earliest opportunity, and a copy will be sent to the ILO in due course. The Committee notes this information and hopes that the Government will amend the legislation in the very near future in order to ensure the full application of the Convention on the following points:
Article 5 of the Convention. Under this Article of the Convention, the compensation payable in case of death or permanent incapacity shall be made in the form of periodical payments, throughout the contingency, provided that it may be paid in a lump sum, if the competent authority is satisfied that it will be properly utilized, while the legislation provides only for payment of a lump sum (Workmen's Compensation Ordinance, section 4).
Article 9. A provision needs to be incorporated in the legislation expressly stipulating that medical, surgical and pharmaceutical aid will be provided free of charge, since the legislation provides only for payment of hospital expenses (Workmen's Compensation Ordinance, section 11A).
[The Government is asked to report in detail in 1996.]
Further to its previous comment, the Committee notes that the latest amendments to the Workmen's Compensation Ordinance in 1988 and 1989 did not contain changes that would bring it into conformity with Articles 5 and 9 of the Convention. It notes, however, the Government's statement in its report that the Attorney General will take the matter up with the island's Executive Council, with a view to placing a recommendation before the Legislative Council. The Committee again expresses the hope that the Government will amend the legislation shortly to ensure the full application of the Convention on the following points:
Article 5 of the Convention. Under this Article of the Convention, the compensation payable in case of death or permanent incapacity shall be made in the form of periodical payments, throughout the contingency, provided that it may be paid in a lump sum, if the competent authority is satisfied that it will be properly utilised, while the legislation provides only for payment of a lump sum (Workmen's Compensation Ordinance, section 4, as amended):
Article 9. A provision needs to be incorporated in the legislation expressly stipulating that medical, surgical and pharmaceutical aid will be provided free of charge, since the legislation provides only for payment of hospital expenses (Workmen's Compensation Ordinance, section 11A, as amended):
The Committee would be grateful if the Government would supply the text of any relevant amendments once adopted.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matter raised in its previous direct request, which read as follows:
Article 5 of the Convention. In case of death or permanent incapacity the law provides only for payment of a lump sum (Workmen's Compensation Ordinance, section 4, as amended), whereas the Convention lays down the principle that periodical payments should be made throughout the contingency, allowing them to be converted into a lump sum provided that the competent authority is satisfied that it will be properly utilised.
Article 9. The Committee drew the Government's attention to the need to incorporate in the legislation a provision expressly stipulating that medical, surgical and pharmaceutical aid shall be provided free of charge as required by the Convention, since the law provides only for payment of hospital expenses (Workmen's Compensation Ordinance, section 11A, amended by Ordinance No. 2 of 1978).