1986 Ed.]
Fatal Accidents
[CAP. 22
3
(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
(g) where there is no person by or for whom a claim can be made under paragraph (a), (b), (c), (d), (e) or (f), but the deceased was at the date of his death a minor, any person 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; or
(h) where there is no other person by or for whom a claim can be made under this subsection, any brother or sister of the deceased.
(3) Subject to subsection (4), the sum to be awarded as damages under this section shall be $40,000.
(4) Where there is a claim for damages under this section for the benefit of 2 or more persons, the sum awarded shall be divided equally between them (subject to any deduction falling to be made in respect of costs not recovered from the defendant).
(5) The Legislative Council may by resolution amend subsection (3) by varying the sum specified therein.
5. (1) An action under this Ordinance shall be brought by and in the name of the executor or administrator of the deceased.
(2) If-
(a)
(b)
there is no executor or administrator of the deceased; or
no action is brought within 6 months after the death by and in the name of an executor or administrator of the deceased,
the action may be brought by and in the name of all or any of the persons for whose benefit an executor or administrator could have brought it.
(3) Not more than one action shall lie for and in respect of the same subject-matter of complaint.
Persons entitled to bring the action.
(cf. 1982 c. 53, s. 3.)