2
Repeal and replacement of section 29.
Vol. 1971, *. 43,
2011
1971, c. 44.
4. HIXO
constructive) of the plaintiff until a date which was not earlier than three years before the date on which the action was brought."; and
(b) by deleting subsection (4).
3.
Section 29 of the principal Ordinance is repealed and replaced by the following-
"Extension
of time
limits for
certain
actions
brought
after dealb of injured person. 1971. 43. Sch. 1. (Cap. 27.
(Cop. 22)
(Cap. 22.)
29. (1) The provisions of this section shall have effect in relation to-
(a)
any such action as is mentioned in sub- section (2) of section 27, being an action in respect of one or more causes of action surviving for the benefit of the estate of a deceased person by virtue of section 2 of the Law Reform (Miscellaneous Provisions)
Ordinance; and
(b) any action brought by virtue of the Fatal Accidents Ordinance for damages in respect of a person's death,
TI
and, in relation to an action falling within paragraph (a) of this subsection, shall have effect to the exclu- sion of sections 27 and 28 of this Ordinance.
(2) Subsection (1) of section 4 sball not afford any defence to an action falling within paragraph (a) or (b) of subsection (1) of this section, in so far as it relates to a cause of action in respect of which- (a) the court has, whether before or after the commencement of the action, granted leave for the purposes of this subsection; and
(8)
the requirements of subsection (1) of section 29B are fulfilled.
(3) So much of section 8 of the Fatal Accidents Ordinance as requires actions under that Ordinance to be commenced within three years after the death of the deceased shall not afford any defence to an action falling within paragraph (b) of subsection (1) of this section, in so far as it relates to a cause of action in respect of which-
(a) the court has, before the commencement of the action, granted leave for the purposes of this subsection; and
(b) the requirements of subsection (2) of section
29B are fulfilled.
Cap. 22.1
(C#)
Applica tions for leave of court for purposes of section 29. 1971, c. 4). 5th, 1.
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(4) Nothing in subsection (2) or (3) of this sec- tion shall be construed as excluding or otherwise affecting--
(a) any defence which, in any action falling within paragraph (a) or (b) of subsection (1) of this section, may be available by virtue of any enactment other than subsection (1) of section 4 or so much of section 8 of the Fatal Accidents Ordinance as aforesaid (whether it is an enactment imposing a period of limitation or not) or by virtue of any rule of law or equity: or
(b) the operation of any enactment or rule of
law or equity which, apart from those sub- sections, would enable such an action to be brought after the end of the period of three years from the date on which the cause of action accrued or the death of deceased, as the case may be.
(5) In the application of sections 27 to 33 to an action brought by virtue of the Fatal Accidents Ordinance-
(a) any reference to a cause of action to which an action relates shall be construed as a reference to a cause of action in respect of which it is claimed that the deceased could (but for his death) have maintained an action and recovered damages; and
(6) any reference to establishing a cause of action shall be construed as a reference to establishing that the deceased could (but for his death) have maintained an action and recovered damages in respect thereof.
(6) In this section and section 29B "the deceased" means the person referred to in paragraph (a) or (b) of subsection (1) of this section, as the case may be.
29A. (1) Any application for the leave of the court for the purposes of subsection (2) or (3) of see- tion 29 shall be made ex parte, except in so far as rules of court may otherwise provide in relation to applications which are made for the purposes of sub- section (2) of that section after the commencement of the relevant action.