that Act, but section 20C creates in Hong Kong
new actions for such losses, as recommended by
the Commission. Clause 4 makes consequential
amendments to section 21 of the Ordinance.
4. A new section 56A is added to the
Supreme Court Ordinance (Cap. 4) by clause 5 of
the Bill. This section provides for awards of
provisional damages to be permitted by rules of
court, and mostly follows new section 32A of the
Supreme Court Act 1981 in England, as enacted in
section 6 of the Administration of Justice
Act 1982.
Clause 5(3) enacts an ancillary
provision, as recommended by the Commission, to
enable any further claim of a plaintiff who has
been awarded provisional damages to be provable as
a debt due to the plaintiff, in the event of the
defendant's later bankruptcy.
5. The Bill has no Public Service staffing
or financial implications.