A272
Ord. No. 41/86
FATAL ACCIDENTS
FATAL ACCIDENTS
Ord. No. 41/86
A273
Short title and commencement.
Interpretation.
(Cap. 290.)
L.S.
HONG KONG
No. 41 OF 1986
I assent.
David AKERS-JONES,
Acting Governor. 10 July 1986
An Ordinance to repeal and replace existing provision for the compensation of
dependants of persons killed as a result of tortious acts.
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Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. (1) This Ordinance may be cited as the Fatal Accidents Ordinance 1986.
(2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazette but shall not apply to any cause of action that accrues before then.
2. (1) In this Ordinance, unless the context otherwise requires-
"adopted" means adopted in pursuance of an adoption order made under the Adoption Ordinance or of any adoption recognized as valid by the law of Hong Kong;
"dependant", in relation to a deceased person, means---
(a) the wife, husband, former wife or former husband of the deceased and any person whose marriage to the deceased has been annulled or declared void;
(b) a concubine lawfully taken by the deceased before 7 October 1971; (c) any person who---
(i) was living with the deceased in the same household immediately before the date of his death; and
(ii) had been living with the deceased in the same household for at least
2 years before that date,
as the husband or wife of the deceased;
(d) any parent or other ascendant of the deceased;
(e) any person (not being a parent of the deceased) who, during any marriage to which that person was a party, treated the deceased as a son or daughter of the family in relation to that marriage;
(f) any child or other descendant of the deceased;
(g) any person (not being a child of the deceased) who, during any marriage to which the deceased was at any time a party, was treated by the deceased as a son or daughter of the family in relation to that marriage;
(h) any person who is, or is the issue of, a brother, sister, uncle or aunt of the
deceased;
(i) any person who is, or is the issue of, a brother or sister of a grandparent of
the deceased;
(j) any godchild or godparent of the deceased according to Chinese custom;
"wife" means—
(a) in the case of a Christian marriage or its civil equivalent, the lawful wife; and (b) in the case of any other lawful marriage-
(i) the lawful wife of such marriage; or
(ii) if there is more than one lawful wife, the lawful principal wife recognized as such by the personal law of the husband of such marriage, or if there is no lawful principal wife, the lawful wives so recognized.
(2) In deducing any relationship for the purposes of this Ordinance-
(a) an adopted person shall be treated as the child of the person or persons by whom he was adopted and not as the child of any other person; and, subject thereto;
(b) any relationship by affinity shall be treated as relationship by consanguinity, any relationship of the half-blood as a relationship of the whole blood, and the stepchild of any person as his child; and
(c) an illegitimate person shall be treated as the legitimate child of his mother
and reputed father.
3. If death is caused to any person ("the deceased") by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the deceased to maintain an action and recover damages in respect thereof, then subject to section 4(2) an action for damages may be brought for the benefit of the dependants of the deceased against the person who would have been liable in damages to the deceased in respect of that wrongful act, neglect or default.
Right of action for wrongful act causing death.
1982
c. 53. s. 3.]
4.
(1) An action under this Ordinance may consist of or include a claim for Bereavement. damages for bereavement unless, by reason of the act, neglect or default referred to in [f. 1982 section 3, any person has recovered, by action or otherwise, a sum in respect of loss c. 53, s. 3.] of the deceased's society under section 20C(1) of the Law Amendment and Reform (Cap. 23.) (Consolidation) Ordinance.
(2) A claim for damages for bereavement shall only be for the benefit of such of the following persons as survive the deceased for not less than 30 days—
(a) the wife or husband of the deceased, unless they had been living apart for a continuous period of at least 2 years immediately preceding the death of the deceased; or
(b) where there is no spouse by or for whom a claim can be made under
paragraph (a), the children of the deceased; or
(c) where there is no person by or for whom a claim can be made under paragraph (a) or (b), the wife or husband of the deceased (notwithstanding that they had been living apart); or
(d) where there is no person by or for whom a claim can be made under paragraph (a), (b) or (c), any concubine taken by the deceased before 7 October 1971; or
(e) where there is no person by or for whom a claim can be made under
paragraph (a), (b), (c) or (d), any person who-
(i) was living with the deceased in the same household immediately before the date of his death; and
(ii) had been living with the deceased in the same household for at least 2 years before that date,
as the husband or wife of the deceased; or
(f) where there is no person by or for whom a claim can be made under paragraph (a), (b), (c), (d) or (e), the parents of the deceased or (if the deceased was illegitimate) his mother; or