1970-HKRS28-8-37_Part02 — Page 28

Amendment of section 4.

Addition of new section 9.

[[0]

tc. 1959, c. 63. "dependants" means wife, husband, parent, child and any person who is, or is the issue of, a brother, sister, uncle or aunt:

1959, G. 65, - 192.

3.

"parent" includes father and mother, grandfather and

grandmother;

"wife" means--

(a) in the case of a Christian marriage or its

civil equivalent, the lawful wife; and (b) in the case of any other lawful marriage—

(i) the lawful wife of such marriage; or (ii) if there is more than one lawful wife-- (aq) the lawful principal wife recogniz-

ed as such by the personal law of the husband of such marriage; or (66) the lawful wives, if there is no Jawful principal wife, so recogniz-

ed as aforesaid.

(2) In deducing any relationship for the purposes of this Ordinance-

(4) an adopted person shall be treated as the child of the person or personus by whom he was adopted and not as the child of any other person; and, subject thereto, (b) any relationship by affinity shall be treated a.3 a relationship by consanguinity, any relationship of the half-blood as a relation- ship of the whole blood, and the step child of any person as his child; and

(c) an illegitimate child shall be treated as the legitimate child of his mother and reputed father.”.

Section 4 of the principal Ordinance is amended in sub- section (1) by deleting "wife, husband, parent and child” and substituting the following-

"dependants".

4. The principal Ordinance is amended by adding the following new section at the end thereof-

"Assessment

[ef. 1959, c. ES, *.1]

9. (1) In assessing damages in respect of a of damages. person's death in any action under this Ordinance or under the Carriage by Air (Overseas Territories) Order 1967 there shall not be taken into account any insurance money, benefit, pension or gratuity which

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has been or will or may be paid as a result of the death.

(2) In subsection (D)-

"benefit" means any payment by a friendly society or trade union for the relief or maintenance of a member's dependants;

"insurance money" includes a return of premiums;

and

"pension" includes a return of contributions and any payment of a lump sum in respect of a person's employment.

(3) In assessing damages in any action brought under this Ordinance the funeral expenses of the deceased person, if such expenses have been incurred by the parties for whose benefit the action is brought. shall be taken into account.".

Section 2 of the Tortfeasors Ordinance is amended by- (a) deleting "wife, husband, parent or child" in paragraph (b) of subsection (1) and substituting the following-

"dependants"; and

(b) deleting paragraph (a) of subsection (3) and substituting

the following-

(Cap. 22.)

"(a) "dependants" has the same meaning as in

the Fatal Accidents Ordinance; and",

Amendment of

Tortfeasors Ordinance.

Jct. 195$, c. 65, *. 2002)

Cap. 28.3

6. Section 3 of the Law Reform (Miscellaneous Provisions) Amendment of Ordinance is repealed.

7. This Ordinance shall apply only to actions brought in respect of deaths occurring after the commencement of this Ordinance.

Passed by the Hong Kong Legislative Council this {{ of March, 1970.

day

Deputy Clerk of Councils.

Cap. 271.

Application.

*. 341