1951-HKRS28-8-18_Part03 — Page 20

Ordinance

No. 3 of 1889.

22 23 Geo. 5. c. 30,

1 & 2 Geu. 5. c. 67.

Ordinance

No. 3 of

1889.

(4) Where any person dies as the result partly of his own fault and partly of the fault of any other person or persons, and accordingly if an action were brought for the benefit of the estate under section a the damages recoverable would be reduced under subsection (1) of this section, any damages recoverable in an action brought for the benefit of the dependants of that person under the Fatal Accidents Ordinance, 1889, as modified by section 3, shall be reduced to a proportionate extent.

+

(5) Where, in any case to which subsection (1) of this section applies, one of the persons at fault avoids liability to any other such person or his personal representative by pleading any enact ment limiting the time within which proceedings may be taken he shall not be entitled to recover any damages or contributions from that other person or representative by virtue of the said subsection.

(6) Where any case to which subsection (1) of this section applies is tried with a jury, the jury shall determine the total damages which would have been recoverable if the claimant had not been at fault and the extent to which those damages are to be reduced.

5. (1) It shall not be

defence to an employer who is sued Abolition

of the

in respect of personal injuries caused by the negligence of a defence of person employed by him, that that person was at the time the comman ajuries were caused in common employment with the person mant injured.

1

employ-

Tef. 11 &

12 Geo. 8. c. 41. s. 1

(2) Any provision"contained in a contract of service or appren- and s. 3.] deeship, or in an agreement collateral thereto, (including a contract or agreement entered into before the commencement of this Ordinance) shall be void in so far as it would have the effect excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons in common employment with him.

(3) In this section the expression "personal injury" includes any disease and any impairment of a person's physical or mental condition and the expression "injured" shall be construed accord- ingly.

Passes the Legislative Council of Hong Kong, this 24th day of October, 1954.

(7) Article 21 of the Convention contained in the First Schedule to the Carriage by Air Act, 1932 (which empowers & court to exonerate wholly or partly a carrier who proves that the damage was caused by or contributed to by the negligence of the injured person), shall in its application to the Colony have effect!! subject to the provisions of this section.

(8) This section shall not apply to any claim to which section r of the Maritime Conventions Act, 1913, applies and that Act shall have effect as if this Ordinance had not been passed,

(9) This suction shall not apply to any case where the ads, or omissions giving rise to the claim occurred before the passing of this Ordinance.

(10) In this section, the following expressions have the meanings hereby respectively assigned to them, that is to say... "'court" means, in relation to any claim, the court or arbitrator

by or before whom the claim falls to be determined; "damage" includes loss of life and personal injury; "dependant" means any person for whose benefit an action could' be brought under the Fatal Accidents Ordinance, 1880; "fault" means negligence, breach of statutory duty or other ad or omission which gives rise to a liability in tort or would. apart from this section, give rise to the defence of contribu tory negligence.

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Lette

Deputy Clerk of Councils.