High Court judge shows sympathy to former container ship worker

A former container ship worker, who had lost one of his legs in an industrial accident, saw his appeal for a claim to disability allowance rejected by the High Court Monday.

Lee Shing-leung, 60, had his right leg amputated following the mishap three years ago. His appeals for the allowance had been rejected five times by the Director of Social Welfare. Subsequently, he had moved the Social Security Appeal Board, which, too, dismissed his plea.

The Social Welfare Department (SWD) said it had rejected Lee's applications because he fails to fulfill the criteria. According to the SWD, it had offered to help him in alternative ways, such as the application for Comprehensive Social Security Assistance.

The SWD said it goes by the Hospital Authority (HA) and doctors' medical assessments while examining disability allowance applications. In this case, doctors said Lee's injuries have damaged only 65 percent of his working ability. That is short of the complete loss of earning capacity criterion.

Lee challenged the decision and argued that the department had a duty to assess his injuries, rather than leaving it to the HA. But Justice Andrew Cheung Kui-nung dismissed the point, saying the Director of Social Welfare was only the administrator of the scheme. Assessment done by outside agencies or qualified people is permissible under the law.

The SWD explained that "the main application criterion for the disability scheme is that an applicant has to be certified in an objective and professional medical assessment as being severely disabled."

The court ruled that the procedures for determining eligibility were legal, although it described the disability scheme, administered by the SWD, as deficient. It advised the administration to take applicants' actual conditions into consideration, not just follow doctors' medical assessments.

The judge also sympathized with Lee, saying even though the man did not completely lose his earning capability, given his age and background, chances of getting a job are very slim.

Lee said he would apply for Legal Aid to lodge an appeal against the verdict. He claimed he cannot go back to his former work place, for the injuries have greatly crippled his ability to perform various activities. "There is no way I can resume my former work. Who will hire a man like me?" he asked.

The SWD welcomed the High Court judgment, saying it "will continue to, in accordance with the prevailing policy on the disability scheme, provide eligible persons with severe disability with the allowance to cater for their special needs."

The SWD added that they set up an inter-departmental working group in late 2009 to follow up with the Ombudsman's recommendations on the implementation details of the disability allowance scheme. The working group endeavors to complete the review as soon as possible.

China Daily

(HK Edition 09/21/2010 page1)