WEDNESDAY, JANUARY 29, 1986
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+ IN ORDER TO ACHIEVE THAT, THIS LEGISLATION HAS TO BE ENACTED IN TIME FOR THE TRIAL,+ MR THOMAS SAID.
MR THOMAS ALSO MOVED AN AMENDMENT TO THE BILL AT THE COMMITTEE STAGE TO REMOVE DOUBTS CONCERNING THE MEANING OF A PARTICULAR PHRASE THAT MIGHT BE OPEN TO MISUNDERSTANDING.
BILLS PROPOSED TO UPDATE LAW ON DAMAGES ****
TWO BILLS SEEKING TO UPDATE THE LAW CONCERNING DAMAGES FOR PERSONAL INJURY AND DEATH WERE INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MOVING THE SECOND READING OF THE LAW AMENDMENT AND REFORM (CONSOLIDATION) (AMENDMENT) BILL 1986 AND THE FATAL ACCIDENTS BILL 1986, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS, SAID THE MEASURES PROPOSED IN THESE TWO BILLS WERE CLOSELY INTER- RELATED.
HE SAID THAT THE VICE PRESIDENT OF OUR COURT OF APPEAL IN RELATION TO ONE PROBLEM COMMENTED THAT THE STATE OF THE LAW HAD BEEN REGARDED WITH DISTASTE BY SEVERAL JUDGES.
+REFORMS WERE INTRODUCED TO VERY SIMILAR LEGISLATION IN THE UNITED KINGDOM IN 1982, + MR THOMAS NOTED.
IN THE SAME YEAR, THE LAW REFORM COMMISSION WAS ASKED BY THE FORMER ATTORNEY GENERAL AND BY THE CHIEF JUSTICE TO REPORT ON WHETHER HONG KONG SHOULD ADOPT THE SAME AMENDMENTS AS THOSE INTRODUCED INTO THE UNITED KINGDOM STATUTES, AND WHETHER THERE WERE ANY OTHER CHANGES NECESSARY.
MR THOMAS SAID: +THESE BILLS ARE THE RESULT OF THE REPORT OF THE COMMISSION ENTITLED 'DAMAGES FOR PERSONAL INJURY AND DEATH' PUBLISHED IN FEBRUARY 1985.
+THEIR RECOMMENDATIONS HAVE BEEN ACCEPTED BY THE ADMINISTRATION AND THE TWO BILLS SEEK TO IMPLEMENT THEM.
+IN SOME RESPECTS THEY FOLLOW THE UNITED KINGDOM CHANGES, BUT IN OTHERS THEY APPLY UNIQUE SOLUTIONS TO HONG KONG'S PARTICULAR PROBLEMS.+
MR THOMAS CONTINUED: +FIRST, THE TWO BILLS TACKLE THE PROBLEM OF "WINDFALL' DAMAGES.
+THE POSSIBILITY OF WINDFALL DAMAGES OR DUPLICATED AWARDS AT PRESENT OCCURS WHEN AN INJURED PERSON DIES. HIS ESTATE THEN HAS THE RIGHT TO THE BENEFIT OF ANY CLAIM HE HAD FOR DAMAGES FOR HIS INJURY, BUT AT THE SAME TIME HIS DEPENDANTS ALSO HAVE A RIGHT TO A CLAIM FOR THEIR LOSSES.
/+IF THE
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