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Following is a question by the Hon Bernard Chan and a written reply by the Secretary for Education and Manpower, Mrs Fanny Law, in the Legislative Council today (November 29):
Question:
Regarding the insurance cover for students of aided and caput schools who suffer injuries within school premises or whilst participating in school activities, will the Government inform this Council:
(a) of the number of students who claimed compensation and the amount claimed under the insurance policy in each of the past five years;
(b) whether it has assessed if students are given sufficient coverage under the existing insurance policy; if so, of the results of the assessment; and
(c) whether there are plans to extend the insurance coverage for students; if so, of the details of the plans?
Reply:
Madam President,
(a), (b) & (c)
The Education Department (ED) arranges a Block Insurance Policy (BIP) for all aided and caput schools. The existing BIP covers three school years from 1999/2000 to 2001/02, and provides insurance coverage for:
(i) Public Liability
This covers compensation under the Common Law for any injury to any persons (other than employees of the school), or any loss of or damage to property of any persons (other than employees of the school), due to negligence of the school.
(ii) Employees' Compensation
This covers compensation to a school's employees who suffer from death or injury arising out of and in the course of employment under the Employees' Compensation Ordinance (which does not require any proof of negligence of a school) and/or under the Common Law (which requires proof of negligence of a school).
(iii) Group Personal Accident
If students of a school suffer from death or permanent disablement during school activities, the families involved may make claims under "Group Personal Accident" irrespective of whether the death or permanent disablement is due to negligence of the school. This is in addition to any Common Law compensation they may obtain and is meant to be a financial consolation to the students' families.
Members will note from the above that the BIP does not cover injuries or losses sustained by students under all circumstances. In brief, students are covered under the "Public Liability" category of the BIP if schools' negligence can be established. If schools' negligence cannot be established, the students' families may also make claims under the "Group Personal Accident" category for some financial consolation. ED has been advising schools that they may, on behalf of parents, arrange separate additional cover for students with any insurance company. Parents wishing to have comprehensive personal insurance coverage for their children may also acquire it separately from any insurance company to meet their individual needs.
The current BIP will expire by the end of the 2001/02 school year. Before taking out the next BIP, the Department will consult schools on the terms and coverage, including for example coverage of students suffering from injuries or losses when performing duties assigned by schools or teachers.
The number of students who made claims and the amounts awarded under each of the two categories of "Public Liability" and "Group Personal Accident" in the past five years are set out below:
Public Liability
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1995 1996 1997 1998 1999
Number of
students
who made
claims 1 11 4 10 6
Number of
valid claims 1 11 0 0 4
Amount
Awarded $754,580 $7,814,232 0 0 $88,425
Group Personal Accident
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1995 1996 1997 1998 1999
Number of
students
who made
claims 42 94 67 126 166
Number of
valid claims 1 10 6 4 1
Number of
pending
cases 0 0 5 4 2
Amount
Awarded $10,000 $230,000 $2,500 0 $5,000
End/Wednesday, November 29, 2000
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