FRIDAY, JULY 6, 1984
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BILL WIDENS CLAIMS LIMITATION PROVISION
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A PROPOSAL TO VALIDATE CERTAIN PARAGRAPHS IN TWO EXISTING RULES OF THE SUPREME COURT WHICH, IN SPECIFIED CIRCUMSTANCES, ALLOW NEW CLAIMS TO BE MADE IN ACTIONS AFTER THE EXPIRY OF LIMITATION PERIODS AFFECTING THE CLAIMS, IS PUBLISHED TODAY UNDER AN AMENDMENT BILL.
A GOVERNMENT SPOKESMAN EXPLAINED THAT THE COURT OF APPEAL RECENTLY HELD THAT ONE PARAGRAPH OF THESE RULES WAS VOID, AND IT FOLLOWED FROM THE DECISION THAT THE OTHER RULES WERE ALSO VOID BECAUSE THERE WAS NO AUTHORITY TO SUPPORT THEM.
THE PARAGRAPHS IN QUESTION WERE COPIED FROM THE UK RULES OF THE SUPREME COURT WHICH ARE SPECIFICALLY AUTHORISED BY THE LIMITATION ACT 1980.
SIMILAR AUTHOR ISATION OF THE RULES IN HONG KONG IS NOW PROPOSED UNDER A LIMITATION (AMENDMENT) BILL 1984, WHICH HAS THE SUPPORT OF THE LAW SOCIETY AND THE BAR ASSOCIATION, HE SAID.
THE BILL IS TO BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON WEDNESDAY (JULY 11) AND IS EXPECTED TO RECEIVE ITS THIRD READING ON JULY 25. -
ANYONE WHO WISHES TO COMMENT ON IT MAY WRITE TO UMELCO, AT SWIRE HOUSE, 12TH FLOOR, OR TO THE REGISTRAR OF THE SUPREME COURT, AT QUEENSWAY, HONG KONG.
EXTENDED LEGAL AID SCHEME PROPOSED
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SEVERAL CHANGES TO THE ADMINISTRATION OF LEGAL AID ARE CONTAINED IN THE LEGAL AID (AMENDMENT) BILL, WHICH WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON WEDNESDAY (JULY 11).
THE BILL, PUBLISHED TODAY IN THE GAZETTE, ALSO SEEKS TO ESTABLISH THE SUPPLEMENTARY LEGAL AID SCHEME WHEREBY LEGAL AID IS TO BE EXTENDED TO APPLICANTS WITH AN INCOME NOT EXCEEDING $15 000 A MONTH AND CAPITAL AFTER ALLOWANCES OF $100 000,
THE SCHEME IS LIMITED TO CASES BROUGHT BY PLAINTIFFS IN THE HIGH COURT FOR DAMAGES FOR PERSONAL INJURIES OR DEATH BUT EXCLUDES MEDICAL NEGLIGENCE CLAIMS.
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