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Typhoon Mangkhut
Hong KongHealth & Environment

Legal amendment to expand compensation for Hong Kong commuters hurt or killed in inclement weather

  • The current compensation scheme only covers deaths and injuries incurred under a No 8 typhoon signal or higher, or under a red or black rainstorm warning
  • The amendment will expand that coverage to include periods of ‘extreme conditions’, which can be announced by the chief secretary

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A new legal amendment would expand a compensation scheme for commuters injured or killed during inclement weather. Photo: Nora Tam
Jeffie Lam
More Hong Kong workers who are injured or killed while commuting to or from work in inclement weather would be compensated by their employers under a new legal amendment first drafted in the wake of Typhoon Mangkhut more than two years ago.
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At present, commuters are entitled to compensation for mishaps only when either a No 8 typhoon signal or higher, or a red or black rainstorm warning, is in force. But under the Employees’ Compensation (Amendment) Bill 2021, to be introduced in the Legislative Council next Wednesday, the threshold for compensation would be expanded to include periods of “extreme conditions” – a status that can be declared by the chief secretary and extended, even after a No 8 signal has been lowered.
The amendments were first prompted by Typhoon Mangkhut, which left a trail of destruction in 2018. Photo: Apple Daily
The amendments were first prompted by Typhoon Mangkhut, which left a trail of destruction in 2018. Photo: Apple Daily

“Having considered that employees commuting to or from work during ‘extreme conditions’ can be subject to more dangerous circumstances, similar to those under T8 or above, or the red or black rainstorm warning, we consider it necessary and justified to accord adequate employees’ compensation to them,” the Labour and Welfare Bureau said in a paper on the amendment submitted on Wednesday.

The amendment bill was one of a series of new measures introduced by the government after Typhoon Mangkhut hammered the city in 2018, bringing a record storm surge, smashing hundreds of windows, blocking more than 1,000 roads and felling at least 46,500 trees.

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One of the measures introduced in the wake of the destruction was granting the chief secretary the power to declare a territory-wide state of “extreme conditions”. The declaration, which must be made while a T8 signal is in effect, advises the public – apart from essential staff who must remain on duty – to shelter in place for at least two hours after the signal is lowered, at which point the period may be extended if necessary.

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