WEDNESDAY, OCTOBER 10, 1984
CIVIL LIABILITY BILL INTRODUCED
***
THE CIVIL LIABILITY (CONTRIBUTION) BILL 1984, INTRODUCED IN THE LEGISLATIVE COUNCIL TODAY, SEEKS TO CHANGE THE LAW DEALING WITH THE WAY IN WHICH WRONGDOERS CAN BE MADE TO -CONTRIBUTE TO AN AWARD OF DAMAGES BY THE COURT.
+THIS ARISES WHEN A PLAINTIFF HAS SUSTAINED LOSS OR DAMAGE AS A RESULT OF THE ACT OR OMISSION OF TWO OR MORE OTHER PERSONS IN CIRCUMSTANCES THAT ARE SO CONNECTED THAT BOTH OR ALL THE WRONGDOERS CAN BE SAID TO HAVE CONTRIBUTED TO THE PLAINTIFF'S LOSSES, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS, EXPLAINED.
THE LAW ON THIS TOPIC IS CURRENTLY CONTAINED IN SECTION 19 OF THE LAW AMENDMENT AND REFORM (CONSOLIDATION) ORDINANCE WHICH IS BASED ON AN ENGLISH STATUTE OF 1935. THE LAW OF ENGLAND WAS FOUND TO BE DEFECTIVE AND WAS AMENDED THERE BY STATUTE IN 1978.
MOVING THE SECOND READING OF THE BILL, MR THOMAS SAID IT CONTAINED RECOMMENDATIONS ENDORSED BY THE LAW REFORM COMMISSION.
+I HAVE NO DOUBT THAT IT WILL SUBSTANTIALLY IMPROVE THE LAW IN HONG KONG AND GIVE THE COURT GREATER POWER TO DO. JUSTICE BETWEEN THOSE WHO ARE FOUND LIABLE IN RESPECT OF THE SAME DAMAGE, MR THOMAS TOLD THE COUNCIL,
BY WAY OF EXAMPLE, HE SAID, +SUPPOSE A PURCHASER BUYS
A TELEVISION SET FROM A SHOP AND IT BLOWS UP THE FIRST TIME IT IS USED. THE PURCHASER MAY SUE THE SHOP FOR BREACH OF CONTRACT. AND WOULD PROBABLY SUCCEED. BECAUSE THERE IS AN IMPLIED CONDITION IN SUCH CONTRACTS OF SALE THAT THE TELEVISION IS 17AЯI FIT FOR ITS PURPOSE.
+ALTHOUGH THE PURCHASER COULD ALSO SUE THE MANUFACTURER OF THE TELEVISION SET, HE WOULD HAVE TO PROVE NEGLIGENCE WHICH MIGHT BE MORE DIFFICULT. SO HE MIGHT ONLY SUE THE SHOP.+
MR THOMAS EXPLAINED THAT IF THE PURCHASER WON, UNDER THE PRESENT LAW, THE SHOP PROPRIETOR COULD NOT THEN CLAIM A CONTRIBUTION FROM THE MANUFACTURER TOWARDS THE DAMAGES HE HAD TO PAY THE PURCHASER.
THE BILL WOULD NOW ENABLE THE PROPRIETOR TO DO THIS, HE SAID.
AMONG OTHER THINGS, THE BILL PROVIDES THAT EVEN WHERE A DEFENDANT IN GOOD FAITH SETTLES A CLAIM BY PAYING UP ON IT WITHOUT WAITING FOR A COURT JUDGEMENT, HE CAN STILL RECOVER A CONTRIBUTION TO THE DAMAGES FROM ANOTHER WRONGDOER WHO WOULD BE LIABLE IN RESPECT OF THE SAME LOSS.
DEBATE ON THE BILL WAS ADJOURNED.
/10
Page 10Page 11