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Following is a question by the Hon Leung Kwok-hung and a written reply by the Secretary for Education, Mr Eddie Ng Hak-kim, in the Legislative Council today (November 6):
Question:
In his reply to my question on October 23 this year, the Secretary for Education (the Secretary) advised that among the 2 988 cases of Group Personal Accident Insurance under the Block Insurance Policy (BIP) reported to the insurers by schools in the past five years after an accident happened to a student, only six cases were indemnified. Quite a number of parents and educators have relayed to me that they are dissatisfied with the Secretary's response which has evaded the issue that both the coverage and the sum insured under BIP currently taken out by the Government for aided schools are inadequate, as well as the issue of school children not being provided with due protection, etc. They have also pointed out that, regarding those parents whose children suffer from accidental injury or death while participating in school activities, the Secretary did not respond to the question of how these parents, who cannot afford the legal costs involved and who are ineligible for legal aid, may strive for due legal protection for their children through legal procedure. Also, quite a number of parents have indicated that they had written to the Secretary to make enquiries or lodge complaints about the aforesaid issues but did not receive any reply. In this connection, will the Government inform this Council:
(a) of the per capita insured amount, compensation limits, coverage and clauses of making claims for students and staff in kindergartens, primary schools and secondary schools under the "Employees' Compensation Insurance", the "Public Liability Insurance" and the "Group Personal Accident Insurance" respectively in the past five years;
(b) given that in the past five years, only a few cases were indemnified among the claims involving the accidental death or permanent disablement of students participating in school activities, whether the Education Bureau (EDB) will consider taking out insurance with wider coverage so as to provide students with due protection; if so, of the time for implementation and the new coverage; if not, the reasons for that;
(c) regarding claims made under the "Employees' Compensation Insurance", the "Public Liability Insurance" and the "Group Personal Accident Insurance", of the unit within EDB to which the parents concerned and/or school staff may approach to make enquiries, as well as the contact information; whether EDB will assist them in making claims; if so, of the means of assistance; if not, the reasons for that;
(d) given that 2 982 cases of Group Personal Accident Insurance reported to the insurers were not indemnified in the past five years, whether the Government has provided other forms of assistance to the students and parents concerned; if so, of the details; if not, the reasons for that;
(e) whether EDB referred any claim under the Group Personal Accident Insurance to the Legal Aid Department for follow-up actions in the past five years; if so, of the number of referrals; if not, the reasons for that;
(f) given that the Secretary has advised that EDB has been pointing out through various channels (including school circulars and EDB web page) that the "Group Personal Accident Insurance" under BIP should not be regarded as comprehensive personal insurance coverage for students, and that parents who wish to arrange comprehensive personal insurance coverage for their children (such as life insurance, personal accident insurance, medical insurance, critical illness insurance, etc.) may acquire it separately at their own costs from any insurance company, and yet quite a number of parents have told me that schools have never issued such circulars, whether the authorities know the names of the schools which informed parents of the relevant issues through circulars in the past five years, and of the dates when such circulars were issued; if no schools have ever issued such circulars, the reasons for that; and
(g) whether EDB has measures to assist those parents who cannot afford the legal costs involved and who are ineligible for legal aid to strive for due compensation through legal procedure; if it has, of the measures; if not, whether EDB will provide other means of legal support to such parents?
Reply:
President,
The Block Insurance Policy (BIP) taken out by the Government for aided secondary and primary schools comprises three parts, namely the Employees' Compensation Insurance, Public Liability Insurance and Group Personal Accident Insurance. The Employees' Compensation Insurance and Public Liability Insurance cover all aided schools while the Group Personal Accident Insurance covers all the students of aided and government schools. In the event of an accident, the insured (schools and students/parents) is only required to submit duly completed claim forms together with supporting documents for the insurer to follow up their cases.
(a) The premium for BIP is calculated on a block basis. We do not have figures on the per capita insured amount. The coverage and maximum indemnity limits of the various types of insurance are set out below:
Insurance : Public Liability Insurance
Coverage : Legal liability of the school for accidental injury to any person or accidental loss of or damage to any property
Maximum Indemnity Limit: HK$100 million per any one occurrence
Insurance : Employees' Compensation Insurance
Coverage : Legal liability of the school as an employer which relates to death or injury by accident or disease sustained by an employee arising out of and in the course of his/ her employment
Maximum Indemnity Limit: HK$100 million per any one event for each school
Insurance : Group Personal Accident Insurance
Coverage : Accidental death or permanent disablement sustained by students participating in any school activities
Maximum Indemnity Limit: Up to HK$100,000 per student according to scale of disablement
All kindergartens are privately run and not covered under the BIP. We do not have any information regarding their insurance policy.
(b) The Group Personal Accident Insurance under BIP is a kind of additional protection for students. The indemnity is given to students when they suffer from accidental death or permanent disablement while participating in school activities. Nevertheless, a student who suffers from accidental injury while participating in any school activities may claim compensation through the Public Liability Insurance. We have no plan to extend the current insurance coverage. In fact, in line with the principles of effective use of public money and prudent financial management, we have made proper use of resources and provided schools with the BIP in order to offer appropriate protection for their daily operation.
(c) Any person (such as a student, parent or staff member) may claim against a school for accidental injury and/or accidental loss of or damage to any property arising out of the daily operation of the school. Upon receiving the claim, the school will immediately report the case to the insurer who will then follow up and attend to the matter direct. Individuals who have any enquiry about claim matters under the BIP may approach the insurer, China Taiping Insurance (HK) Company Limited, direct. The Company has also set up a hotline to handle related enquiries. For general enquiries about the BIP, individuals may approach the respective Regional Education Office of which their schools are located. Besides, we have uploaded the aforesaid contact information and claim forms onto our webpage for easy access by the public.
(d) Group Personal Accident Insurance is applicable to students who suffer from accidental death or permanent disablement while participating in any school activities. It will not be indemnified if the case does not belong to this category. A student who suffers from accidental injury while participating in any school activities may claim compensation through the Public Liability Insurance.
(e) Students who suffer from accidental death or permanent disablement while participating in school activities will be indemnified under the Group Personal Accident Insurance as long as their cases are supported by their attending registered medical doctors. No proof of negligence is necessary nor are legal proceedings required. In this connection, there is no need for the EDB to refer any such claims to the Legal Aid Department for follow-up actions.
(f) It is our practice to issue circulars on various education policies and measures to schools. Schools will disseminate related information to parents through different channels having regard to their school-based situations and needs. We have not collected data on such school-based arrangements. If necessary, we will remind schools to inform parents of the arrangement of the BIP through appropriate channels. In addition, we have placed a brief guide to and explanatory notes of the BIP on our webpage for easy access by the public (Path: Home > Students and Parents Related > Safety Matters > Safety of Students). In fact, to protect the interest of students, schools would in general report to the insurer as soon as possible when there is an accident causing injury or death to students.
(g) Regarding legal support, apart from the legal aid services provided by the Legal Aid Department, members of the public, including parents of the students, may consider seeking advice on legal matters or proceedings through the Free Legal Advice Scheme administered by the Duty Lawyer Service or the Two-year Pilot Scheme to Provide Legal Advice for Litigants in Person run by the Home Affairs Bureau.
Ends/Wednesday, November 6, 2013
Issued at HKT 15:13
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