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Following is the question by the Hon Dr Kwok Ka-ki and a written reply by the Secretary for Economic Development and Labour, Mr Stephen Ip, in the Legislative Council today (November 22):
Question:
It has been reported that the number of mesothelioma cases has been on the rise in recent years. Mesothelioma is caused mainly by prolonged exposure to asbestos at work and its treatment entails huge medical expenses. However, mesothelioma is not categorised as an occupational disease under the Employees' Compensation Ordinance (Cap. 282). The patients therefore cannot obtain any compensation. In this connection, will the Government inform this Council:
(a) of the present number of local workers who have contracted mesothelioma;
(b) given that the Mainland and some other countries have already included mesothelioma as a compensable occupational disease and that the pamphlet "Health Hazards of Asbestos" issued by the Labour Department also states that workers may contract mesothelioma after inhaling asbestos fibres, whether it will consider classifying mesothelioma as an occupational disease under the Employees' Compensation Ordinance so that patients may make claims against their employers; if it will not, of the reasons for that; and
(c) whether it will consider including contracting mesothelioma as one of the compensable items under the Pneumoconiosis (Compensation) Ordinance (Cap. 360); if it will, when the relevant legislation will be amended; if not, the reasons for that?
Reply:
Madam President,
(a) According to information published by the Hong Kong Cancer Registry of the Hospital Authority, the latest available figure on mesothelioma cases recorded by the Registry in 2001 to 2003 was 43. The figures for 2004 onwards have yet to be published. The Hong Kong Cancer Registry does not have any breakdown on the employment status of mesothelioma sufferers and their history of exposure, if any, to asbestos at work. The Registry does not keep statistics on the present number of local workers who have contracted mesothelioma.
(b) & (c) Mesothelioma is caused by the inhalation of asbestos dust which can also lead to fibrosis of the lungs. A mesothelioma sufferer with lung fibrosis can claim compensation under the Pneumoconiosis (Compensation) Ordinance. To assist mesothelioma sufferers without lung fibrosis, the Government has since 2005 helped these workers or their family members apply to the Brewin Trust Fund for a grant of HK$350,000 per case.
The Labour Department is undertaking a study to consider whether mesothelioma should be designated as a statutory compensable occupational disease, including the feasibility of extending the Pneumoconiosis (Compensation) Ordinance to cover mesothelioma. Upon completion of the study, the Labour Department will consult the Labour Advisory Board on the findings before deciding on the way forward.
Ends/Wednesday, November 22, 2006
Issued at HKT 15:56
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