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Author Archives: hksar gov

Increase in amount of damages for bereavement under Fatal Accidents Ordinance proposed

     The Secretary for Justice today (May 13) gave notice to the Legislative Council (LegCo) that she will move a resolution at the LegCo sitting on June 3 to increase the statutory sum to be awarded as damages for bereavement (bereavement sum) under the Fatal Accidents Ordinance (Cap 22) to $231,000.

      In accordance with the Government’s commitment, the proposed increase reflects the outcome of the biennial review of the bereavement sum by making reference to the Consumer Price Index (A) (CPI(A)). The increased sum will reflect the cumulative impact of inflation experienced over the period from March 2018 to March 2020.

      A spokesman for the Department of Justice (DoJ) said that the Ordinance was enacted in 1986. It allows an action for damages to be brought against a person for the benefit of the dependants of the deceased in respect of that person’s wrongful act, neglect or default which has caused the death of the deceased. An action under the Ordinance may include a claim for damages for bereavement in the sum as prescribed in section 4(3). Section 4(5) of the Ordinance provides that the LegCo may by resolution vary the sum.

      “Since the enactment of the Ordinance, the bereavement sum was adjusted in 1991, 1997 and 2018. The current sum is set at $220,000,” the spokesman said.

     The LegCo Panel on Administration of Justice and Legal Services, the Law Society of Hong Kong, the Hong Kong Bar Association and the Hong Kong Federation of Insurers have been informed of the outcome of the present biennial review and the Government’s intention to make the proposed adjustments by making reference to the CPI(A). read more

Labour Department highly concerned about fatal work accident that happened today

     The Labour Department (LD) is highly concerned about a work accident that happened at Hong Kong MTR Station in Central this morning (May 13), in which a male worker fell through a structure inside a plant room to the railway below. He was certified dead later in a hospital. The LD is saddened by the death of the worker and expresses its deepest sympathies to the victim’s family.
      
     The LD’s spokesman said, “We commenced an immediate on-site investigation as soon as we were notified of the accident and will issue suspension notices to the contractor concerned and the occupier of the premises, suspending any work on the structure and a similar structure. They cannot resume the work process until the LD is satisfied that measures to abate the relevant risk have been taken.” 
      
     The spokesman added, “We will complete investigation as soon as possible to identify the cause of the accident, ascertain the liability of the duty holders and recommend improvement measures. We will take actions pursuant to the law if there is any violation of the work safety legislation.”
      
     The general duty provisions of the Factories and Industrial Undertakings Ordinance require employers to provide safe working environments, plant and safe systems of work for their employees. Those who contravene the above provisions are liable to a maximum fine of $500,000 and imprisonment for six months.
      
     The general duty provisions of the Occupational Safety and Health Ordinance require occupiers of premises/employers to provide safe means of access and egress and safe working environments, plant and systems of work for the employees. Those who contravene the above provisions are liable to a fine of $200,000 and imprisonment for six months.
      
     In regard to today’s accident, the LD will issue a Work Safety Alert through its website and email, giving a brief account of the accident concerned to duty holders, workers’ unions, professional bodies of safety practitioners and others, reminding the industry of the importance of following safety precautionary measures to prevent recurrence of similar accidents.
      
     The LD will also remind the employer concerned of the liability for employees’ compensation under the Employees’ Compensation Ordinance, assist family members of the deceased to claim employees’ compensation and closely follow up on the case. For those with financial difficulties, the LD will assist them to apply for appropriate emergency funds. Subject to the needs and wishes of family members of the deceased, the LD will also liaise with the Social Welfare Department for financial or other assistance.   
      
     For the sake of securing the safety and health of employees at work, the LD appeals to employers to provide plant and systems of work that are safe and without risks to health. Employees should co-operate with their employers, adopt all safety measures and use personal protective equipment provided properly to avoid endangering their own work safety and that of other workers. read more