A.D. 1889.]
EVIDENCE,
[No. 3.
647
53. Nothing in this Ordinance shall be construed to repeal any provision contained in the Wills Act, 1837, of the Imperial Parliament.
Wills Act. 1837.
7 Will. 4 & 1 Vict. c. 26.
ORDINANCE No. 3 OF 1889.
AN ORDINANCE to consolidate and amend the Law relating to the Compensation of the Families of Persons killed by Accidents arising from Negligence.
[18th January, 1889.]
BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows :—
A.D. 1889. Ordinance No. 3 of 1889.
1. This Ordinance may be cited as the Compensation to Families Ordinance, 1889.
2. In this Ordinance-
"Parent" includes father and mother, and grandfather and grandmother, and step-father and step-mother:
"Child" includes son and daughter, and grandson and granddaughter, and step-son and step-daughter.
9 & 10 Vict. c. 93 s. 5.
3. Whenever the death of a person is 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 an action 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 an action for damages, notwithstanding the death of the person injured, and although the death may have been caused under such circumstances as amount in law to felony.
4.--(1.) Every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death has been so caused, and shall, except as hereinafter provided, be brought by and in the name of the executor or administrator of the deceased person.
(2.) In every such action the jury, or, where the action 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 action is 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 may find or the Court, if the case is tried without a jury, may direct.