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FRIDAY, OCTOBER 31, 1986
CHANGES TO DAMAGES CLAIM LAW IN EFFECT TOMORROW
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CHANGES TO THE LAW OF DAMAGES FOR PERSONAL INJURY AND DEATH WILL COME INTO EFFECT TOMORROW (SATURDAY).
A GOVERNMENT SPOKESMAN SAID TODAY THAT THE CHANGES WERE INCORPORATED IN THE NEW FATAL ACCIDENTS ORDINANCE AND REVISED PROVISIONS IN THE LAW AMENDMENT AND REFORM (CONSOLIDATION) (AMENDMENT) ORDINANCE WHICH WOULD BECOME EFFECTIVE ON NOVEMBER 1.
THESE LEGISLATIVE CHANGES RELATING TO DAMAGES RECOVERABLE BY AND ON BEHALF OF PERSONS INJURED OR KILLED THROUGH THE DELIBERATE OR NEGLIGENT ACTION OF OTHERS ARE THE RESULT OF RECOMMENDATIONS MADE BY THE LAW REFORM COMMISSION IN ITS REPORT ON DAMAGES FOR PERSONAL INJURY AND DEATH PUBLISHED IN FEBRUARY 1985.
+THE NEW FATAL ACCIDENTS ORDINANCE COMPLETELY REPLACES THE EXISTING ORDINANCE OF THE SAME NAME. ALTHOUGH MUCH OF THE LAW WILL REMAIN UNCHANGED, IT INTRODUCES SOME NEW PROVISIONS.
+THE MOST IMPORTANT NEW PROVISION IS ONE REQUIRING A PERSON WHO IS RESPONSIBLE FOR THE DEATH OF ANOTHER TO PAY $40 000 AS DAMAGES FOR BEREAVEMENT TO THE DECEASED'S RELATIVES, THE SPOKESMAN SAID.
THE LIST OF RELATIVES WHO MAY BE ENTITLED TO SUCH COMPENSATION BEGINS WITH THE DECEASED'S HUSBAND OR WIFE, BUT ALSO INCLUDES CHILDREN, CONCUBINES, DE FACTO SPOUSES, PARENTS (BOTH NATURAL AND ADOPTIVE) AND BROTHERS AND SISTERS, HE SAID.
+A PERSON CAN ONLY CLAIM IF THERE IS NO ONE HIGHER ON THE LIST WHO HAS A CLAIM, FOR EXAMPLE, IF THE DECEASED'S SPOUSE HAD ALREADY PASSED AWAY, THE CHILDREN ARE ENTITLED TO THE PAYMENT,+ THE SPOKESMAN EXPLAINED.
HE ADDED THAT THE LIST OF PEOPLE WHO COULD MAKE A CLAIM AGAINST THE PERSON RESPONSIBLE FOR THE DEATH OF A PROVIDER HAS ALSO EXTENDED. IT REFLECTS MORE CLOSELY THAN BEFORE THE CATEGORIES OF PEOPLE WHO MAY HAVE BEEN DEPENDENT ON THE DECEASED IN THE CONTEXT OF HONG KONG FAMILY RELATIONSHIPS, HE SAID.
THE LAW AMENDMENT AND REFORM (CONSOLIDATION) (AMENDMENT) ORDINANCE EFFECTS SOME RELATED REFORMS, THE SPOKESMAN SAID. +IT ABOLISHES SOME ANTIQUATED CLAIMS SUCH AS THOSE FOR LOSS OF SOCIETY, OF EXPECTATION OF LIFE, AND FOR THE LOSS OF THE SERVICES OF A MENIAL SERVANT.
+AT THE SAME TIME A NEW CLAIM IS INTRODUCED ALLOWING AN AWARD OF UP TO $40 000 FOR LOSS OF THE SOCIETY OF A BADLY INJURED PERSON, HE SAID. THE LIST OF THOSE ENTITLED TO CLAIM IS THE SAME AS THAT FOR THE BEREAVEMENT CLAIM UNDER THE FATAL ACCIDENTS ORDINANCE.
/ANOTHER MAJOR