S.I. 1985/448
1161
Proceedings arising out of the Code
conference to be in
5.-(1) Where proceedings arising out of the Code are brought against a Liability of member of a conference in respect of damage or loss suffered by any person and members of other members of the conference are also liable (whether jointly or otherwise) in respect of the same damage or loss, the liability of that member to make good proportion that damage or loss shall be in proportion to his responsibility.
The reference above to the liability of other members of the conference is to any such liability which has been or could be established in proceedings brought before the same court or other tribunal by or on behalf of the person suffering the damage or loss; and for the purposes of this subsection it is immaterial by reference to what law the issue of liability was or would be determined.
(2) In ascertaining the responsibility of a member of a conference for the purposes of subsection (1), regard shall be had not only to the member's part (if any) in the particular matters giving rise to the proceedings but also to his general involvement in the affairs of the conference as shown, for example, by his share of the conference trade, the nature of pooling arrangements to which he is a party and the extent to which he contributes to the administrative expenses of the conference.
(3) Subsections (1) and (2) apply to any proceedings in Hong Kong and to proceedings elsewhere in which the extent of the liability of a member of a conference falls to be determined by reference to the law of Hong Kong.
(4) Where in proceedings arising out of the Code-
(a) judgment is given against a member of a conference in respect of
damage or loss caused to any person, and
(b) the extent of the member's liability is not determined by reference to
subsections (1) and (2),
the member shall not, if it is sought to enforce the judgment in Hong Kong, be liable to make good any greater proportion of that damage or loss than if the extent of his liability had been determined by reference to those subsections.
(5) A member of an unincorporated conference against which judgment is given, whether in Hong Kong or elsewhere, in proceedings arising out of the Code in respect of damage or loss caused to any person by a breach of duty by the conference, shall not, by virtue of section 6(3), be liable to make good any greater proportion of that damage or loss than he would have been if the proceedings had been brought against him and the other members of the conference in respect of a duty owed by all the members of the conference and the extent of his liability had been determined by reference to subsections (1) and (2).
(6) Subsections (4) and (5) shall not affect the enforcement in Hong Kong of a judgment required to be enforced there by virtue of Part 1 of the Foreign Judgments (Reciprocal Enforcement) Ordinance (a).
to their responsibility.
6.-(1) A conference which is not a body corporate may nevertheless sue and Proceedings by be sued in its own name in proceedings arising out of the Code.
(2) Subsection (1) applies to any proceedings in Hong Kong and to proceedings elsewhere in which the capacity of a conference to sue and be sued in its own name falls to be determined by reference to the law of Hong Kong.
(3) A judgment given for or against an unincorporated conference in proceedings brought against the conference in its own name, whether in Hong Kong or elsewhere, shall be binding on the members of the conference, and such a judgment given against a conference shall be enforceable-
(a) against any property held in trust for the purposes of the conference, to the like extent and in the like manner as if the conference were a body corporate; and
(b) against any member of the conference, subject to section 5(5).
(a) Laws of Hong Kong, Cap.319.
or against unincorporated conferences.