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WEDNESDAY, JULY 9, 1986
HE NOTED THAT A NUMBER OF AMENDMENTS COULD BE MOVED AT THE COMMITTEE STAGE.
THE NEW PROPOSALS DEALT WITH THREE MAJOR ISSUES, MR WONG SAID.
THE FIRST WAS THE BROADENING OF THE LIST OF DEPENDANTS WHO MIGHT CLAIM DAMAGES AND HE SAID THE ADDITION OF COHABI TEES WAS SOMEWHAT CONTROVERSIAL BUT AFTER CAREFUL CONSIDERATION, THE COUNCIL'S AD HOC GROUP FELT THAT THE INCLUSION WAS JUSTIFIED.
REFERRING TO THE SECOND ISSUE OF GIVING THE COURT POWER TO AWARD PROVISIONAL DAMAGES WHICH WAS NOT POSSIBLE UNDER THE EXISTING LAW, HE SAID THIS WAS SEEN TO BE MORE EQUITABLE AS A ONE-OFF AWARD WOULD NOT BE ABLE TO TAKE FULLY INTO ACCOUNT ANY FURTHER DISABILITY OR ILLNESS WHICH THE INJURED PERSON MIGHT SUFFER AS A RESULT OF THE ACCIDENT.
THE THIRD MAJOR ISSUE WAS TO ABOLISH CERTAIN CLAIMS WHICH WERE CONSIDERED TO BE ARCHAIC AND ANOMALOUS AND MR WONG CITED AS EXAMPLE THE ACTION OF SERVITIUM WHICH ENABLED AN EMPLOYER TO SUE FOR THE LOSS OF HIS EMPLOYEE'S SERVICE.
HE NOTED THAT THE LAW REFORM COMMISSION ALSO PROPOSED OTHER REFORMS SUCH AS DOING AWAY WITH WINDFALL+ DAMAGES AND THE CREATION OF A CLAIM FOR BEREAVEMENT.
+ THE PROPOSALS CONTAINED IN THE TWO BILLS ARE BROADLY IN LINE WITH RECENT REFORMS IN ENGLAND, AND ARE TAILORED TO MEET THE UNIQUE CIRCUMSTANCES OF HONG KONG, HE SAID.
+ONE EXAMPLE IS THE INCLUSION OF CONCUBINES TAKEN BEFORE OCTOBER 7, 1971 AS DEPENDANTS WHO MAY CLAIM DAMAGES.+
MR WONG LISTED THE AGREED AMENDMENTS TO BE MOVED BY HIMSELF AND THE HON MARIA TAM AND DR THE HON HENRIETTA IP AT THE COMMITTEE STAGE.
LASTLY, HE SAID IT WAS AGREED THAT CONSIDERATION SHOULD BE GIVEN TO A REVIEW OF THE LAW OF SUCCESSION IN THE LIGHT OF REFORMS NOW BEING PROPOSED.
+UNDER THE NEW PROPOSALS, IF A COHABITEE DIES AS A RESULT OF AN ACCIDENT, THE SURVIVING COHABITEE MAY CLAIM DAMAGES.
+HOWEVER, UNDER THE EXISTING LAW OF INTESTACY, IF THE COHABI TEE DIES OF A HEART ATTACK, THE SURVIVING COHABITEE WOULD NOT BE ENTITLED TO ANY DISTRIBUTION OF THE DECEASED'S ESTATE, HE SAID, ADDING THAT SUCH INCONSISTENCY WAS UNDESIRABLE.
/HE SAID