1970-HKRS28-8-37_Part06 — Page 20

(Cap. 156)

Item.

Ordinance.

District Court (Civil Juris diction and Procedure) Ordinance.

8

Amendment.

1. Section 19A is amended by inserting after subsection (3) the following new subsections--

**1969. (4) Where in any such proceedings pa c. 58,

are mentioned in subsection (1) judgment L 20

is given for a sum which (apart from interest on damages) exceeds three thousand dollars and represents or includes damages in respect of personal injuries to the plaintiff or any other person, or in respect of a person's death, then (without prejudice to the exercise of the power conferred by that subsection in relation to any part of that sum which does not represent such damages) the Court shall exercise that power so as to include ja that sum interest an those damages or on such part of them 21 the Court considers appropriate, unless the Court is satisfed that there are special rea- sons why no interest should be given in respect of those damages,

2

(5) Any order under this section may provide for interest to be calculated at different rates in respect of different parts of the period for which interest is given, whether that period is the whole or part of the period mentioned in subsection (1)

(6) For the avoidance of doubt it is hereby declared that in determining for the purposes of any cnactment contained in this Ordinance, whether an amount exocedi, or is less than, a sum specified in that enactment, no account shall be taken of any power exercisable by virtue of this section or of any order made in the exerçise of such a power.

(7) In this section—

"personal injuries" includes any disease and any impairment of a person's physical or mental condition.".

The following new sections are added

after section 19B-

**Power of

Court ener

BC. (1) On the application of cluble before any person in accordance with rules, commencement the Court shall, in such circumstances as may be specified in the rules, have

Ex

1969. c. $8.

1. 21.

power to make an order providing for any one or more of the following

matters-

(a) the inspection, photograph- ing, preservation, custody

frem.

Ordinance.

Power of

Court Lo Over d closure, etc. of doserpent. before com rocacement of proceedings. 1970, «. $1.

1.

9

Amendment,

and detention of property which appears to the Court to be property which may became the subject matter of in subsequent proceedings the Court, or as to which say question may arise in any such proceedings; and

(6) the taking of samples of any such property as is med- tioned in paragraph (6) and the carrying out of any ex- periment on or with any such property,

(2) The power to make civil pro- cedure rules under section 48 shall include power to make nules as to the manner in which an application for such an order can be made, and

as to the circumstances in which such an order can be made: and any such rules may include such incidental, supplementary and consequential pro- visions as the authority making the rules may conmider necessary of ex- pedient

(3) In this section-- "property" includes any land, chattel or other corporeal properly of any description.

190. On the application, in accordance with rules, of a person who appears to the Court to be likely to be a party to subsequent proceed- ings in that court in which a claim in respect of personal injuries to a person or in respect of a person's death is likely to be made, the Court shall, in such circumstances as may be specified in the rules, have power to order a person who appears to the Count to be likely to be a party to the proceedings and to be likely to have or to have hed in his posses- sion, custody or power any docu- ments which are relevant to an issue arising or likely to arise out of that claim-

(2) to disclose whether those documents are in his posse$- sion, custody or power; and