Short title.
Proceedings against and contribution between
joint and
several
tortfeasors.
25 & 26
Geo. 5, c. 30 8. 6.
Ordinance
No. 3 of 1889.
198
A BILL
INTITULED
[No. 54: -23.12.35-1.]
An Ordinance to amend the law relating to proceedings
against, and contribution between, tortfeasors.
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:
1. This Ordinance may be cited as the Tortfeasors Ordinance, 1936.
2. (1) Where damage is suffered by any person as a result of a tort (whether a crime or not)-
(a) judgment recovered against any tortfeasor liable in respect of that damage shall not be a bar to an action against any other person who would, if sued, have been liable as a joint tortfeasor in respect of the same damage;
(b) if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of the wife, husband, parent or child, of that person, against tortfeasors liable in respect of the damage (whether as joint tortfeasors or otherwise) the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the court is of opinion that there was reasonable ground for bringing the action;
(c) any tortfeasor liable in respect of that damage may recover contribution from any other tortfeașor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so, how- ever, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.
(2) In any proceedings for contribution under this section the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person's responsibility for the damage; and the court shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.
(3) For the purposes of this section-
(a) the expressions "parent" and "child" have the same meanings as they have for the purposes of the Fatal Accidents Ordinance, 1889; and
وو
(b) the reference in this section to "the judgment first given shall, in a case where that judgment is reversed on appeal, be construed as a reference to the judgment first