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THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.
4. Whensoever the death of a person shall be caused by any wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the person injured to maintain a suit and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued, shall be liable to a suit for damages notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
5. Every such suit shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused, and shall except as hereinafter provided be brought by and in the name of the executor or administrator of the person deceased; and in every such suit the jury, or where the suit is tried without a jury the Court may give such damages as they or it may think proportioned to the injury resulting from such death, to the parties respectively for whom and for whose benefit such suits shall be brought; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the beforementioned parties in such shares as the jury by their verdict shall find, or the Court, if the case be tried without a jury, shall direct.
6. If and so often as it shall happen at any time or times hereafter in any of the cases intended and provided for by' this Ordinance that there shall be no executor or adminis- trator of the person killed within the meaning of this Ordi- nance or that there being such executor or administrator no such suit as aforesaid, shall within six months after the death of the person so killed as aforesaid have been brought by and in the name of his or her executor or administrator, then and in every such case such suit may be brought by and in the name or names of all or any of the persons (if more than one) for whose benefit such suit would have been, if it had been brought by and in the name of such executor or administrator; and every such suit so to be brought shall be for the benefit of the same person or persons and shall be subject to the same regulations and procedure as nearly as may be as if it were brought by and in the name of such executor or administrator.
7. In every such suit the plaintiff on the record shall be required on taking out the Writ of Summons in such suit to deliver to the defendant or his solicitor a full particular of the person or persons for whom and on whose behalf such suit is brought and of the nature of the claim in respect of which damages are sought to be recovered.
8. If in any such suit as aforesaid, the defendant is advised to pay money into Court it shall be sufficient if he pay it as a compensation in one sum to all persons entitled under this Ordinance for his wrongful act, neglect or default without specifying the shares into which it is to be divided by the jury (if any) or by the Court if there be no jury: [if the said sum be accepted in full satisfaction of the plain- tiff's claim the Court or a judge thereof shall have power either at the hearing or upon a summons for that purpose to apportion the same amongst the parties (if more than one) entitled thereto;] but if the said sum be not accepted and an issue is taken by the plaintiff as to its sufficiency and the jury or Court (as the case may be) shall think the same sufficient, the defendant shall be entitled to the verdict or judgment upon that issue.
9. Not more than one suit shall lie for and in respect of the same subject matter of complaint; and every such suit shall be commenced within twelve calendar months after the death of the person so killed as aforesaid.
Passed the Legislative Council of Hongkong, this 2nd day of January, 1889.
ARATHOON SETH,
Clerk of Councils.
Assented to by His Excellency the Governor, the 18th day of January, 1889.
Sult may be brought against person causing death,
(No. 10 of 1870, 6. 2,9 and 10 V, c. 99, s. 10).
Suit for benefit of relations of deceased. (No. 10 of 1870 8. 3, 9 & 10 V, e. 93, s. 2).
Where no suit. within six months by executor beneficiaries тау вце. (27 and 28 V., 95, s. 1).
Plaintiff to deliver full particulars of the person on whose behalf the suit is brought. (No. 10 of 1870,
8. 5, 9 and 10
V. č. 93, s. 4).
Money may be paid into Court as one
1511122.
(27 and 28 V, C. 95, 9. 2),
Limitation of salt,
(No. 10 of 1870,
. 4, 9 and 10 V. c. 93.2 3).
FREDERICK STEWART,
Colonial Secretary.
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