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The Government is proposing to amend the Pneumoconiosis (Compensation) Ordinance (PCO) to extend its coverage to make malignant mesothelioma compensable. The proposed amendments subject malignant mesothelioma sufferers to the same eligibility criteria and pay them the same benefits as pneumoconiosis sufferers under the PCO.
Under the related Pneumoconiosis (Compensation) (Amendment) Bill 2008 to be gazetted on Friday (January 11), compensation provided to the malignant mesothelioma sufferers includes, where applicable, compensation for incapacity, compensation for incapacity prior to date of diagnosis, compensation for pain, suffering and loss of amenities, compensation for constant attention, payment of medical expenses, payment of expenses for medical appliances, compensation for death, compensation for bereavement and funeral expenses.
A spokesman for the Labour Department said, "Malignant mesothelioma is a rare cancerous form of tumour which has a strong association with occupational exposure to asbestos. Under the PCO which provides for compensation to pneumoconiosis patients or their family members in respect of incapacity or death resulting from the disease, pneumoconiosis is defined as fibrosis of the lungs due to exposure to asbestos or silica dust.
"Notwithstanding that malignant mesothelioma is also caused by inhalation of asbestos dust, the patients are not entitled to compensation under the PCO unless they suffer from fibrosis of the lungs at the same time," the spokesman said.
"As malignant mesothelioma and pneumoconiosis share a common cause and some common characteristics, it is reasonable to provide compensation and benefits to sufferers of both diseases using the same funding source. The compensation scheme under the PCO is financed by a levy on the construction and quarrying industries."
The spokesman said that the title of the PCO would also be amended to reflect the extension of its coverage to include malignant mesothelioma.
The Bill will be introduced into the Legislative Council on January 30.
Ends/Wednesday, January 9, 2008
Issued at HKT 18:01
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