Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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.]