Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its previous comment, the Committee notes that the latest amendments to the Workmen's Compensation Ordinance in 1988 and 1989 did not contain changes that would bring it into conformity with Articles 5 and 9 of the Convention. It notes, however, the Government's statement in its report that the Attorney General will take the matter up with the island's Executive Council, with a view to placing a recommendation before the Legislative Council. The Committee again expresses the hope that the Government will amend the legislation shortly to ensure the full application of the Convention on the following points:

Article 5 of the Convention. Under this Article of the Convention, the compensation payable in case of death or permanent incapacity shall be made in the form of periodical payments, throughout the contingency, provided that it may be paid in a lump sum, if the competent authority is satisfied that it will be properly utilised, while the legislation provides only for payment of a lump sum (Workmen's Compensation Ordinance, section 4, as amended):

Article 9. A provision needs to be incorporated in the legislation expressly stipulating that medical, surgical and pharmaceutical aid will be provided free of charge, since the legislation provides only for payment of hospital expenses (Workmen's Compensation Ordinance, section 11A, as amended):

The Committee would be grateful if the Government would supply the text of any relevant amendments once adopted.