For discussion
7 January 1986
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內部文件
38
XCR (86) 4
Copy No
MEMORANDUM FOR EXECUTIVE COUNCIL
LAW AMENDMENT AND REFORM (CONSOLIDATION)
(AMENDMENT) BILL 1986
Introduction
FATAL ACCIDENTS BILL 1986
ра
are the
Annexed for the consideration of Members Law Amendment and Reform (Consolidation) (Amendment) Bill 1986 and the Fatal Accidents Bill 1986. The Bills are related and their objectives are to make some changes in the law in relation to damages recoverable in tort by and on behalf of persons who sustain personal injuries or death.
Background
2
In recent years the courts of Hong Kong have been particularly troubled by the possible duplication of awards in the case of fatal accidents.
3
and
Similar problems have occurred in England legislation has been introduced to remedy some of them, and simultaneously to deal with some other problems in the law relating to damages for personal injury and death. Using this legislation as its starting point the Law Reform Commission has considered what reforms may be desirable in Hong Kong. These two interrelated Bills are the result.
Proposals
4 follows
(a)
The two Bills seek to achieve 4 main objects as
To limit the extent to which claims by relatives and dependants for damages as a result of personal injury or death can be pursued after the
the victim's death. The intention is to avoid "windfall" and
duplicated
"windfalls"
situations.
damages
awards.
Such
Occur at present in several
example awards
For
made
1KK
K 381/2
RECEIVED IN REGISTRY
09 JAN'1986
DESK OFFICER
INDEX
REGISTRY
PA
Action Taken
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G.F. 324
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