1970-HKRS29-8-37_Part06 — Page 17

Item.

(Cap. 4.)

1.

2

Ordinance shall, if it has not then already expired, expire at the time when it would have expired if those items had at all material times been in force; (b) the amendment effected by item 3 shall, in the case of a person dying after the commencement of this Ordinance, apply as well in relation to causes of action arising before, as in relation to causes of action arising after, the com mencement thereof;

(c) save as provided in paragraphs (a) and (b), nothing in item 2 or 3 shall affect any action or proceeding if the cause of action arose before the commencement thereof,

Ordinance.

Supreme Couri Ordinance.

4.38.

1. 20

SCHEDULE.

Aimerki̇menT.

[8. 2.1'!

1. Section 30A is amended by inserting after subsection (4) the following new m sections-- **1969. (5) Where in any such proceedings as are mentioned in subsection (1) judgment is given for a suns which (apart fromt interest on damages) exceeds three thousand dollars and represents or includes damages in respect of personal injuries to the plain tiff 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 say part of that sum which does not represent such damages) the court shall exercise that power so as to include în chat sum interest ca those damages or on such part of them as the court considers appropriate, unless the court is satisfied that there are special reasons why no interest should be given in respect of those damages.

(Cap

$36.)

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

() For the avoidance of doubt it ʼn hereby declared that in determining, for the purposes of any enactment contained in the District Court (Civil Jurisdiction Procedure) Ordinance, whether an amounİ exceeds, 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 exercis- of such a power.

fter.

Ordinance.

Amendment

(8) 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 308---

**Powers of

CIT-

coun

meal of

orion.

30C. (1) On the application of

cisable before any person In accordance with rules of court, the court shall, in such eit- cumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters-

1969, 58,

21.

(a) the inspection, photograph- ing. preservation, custody and detention of property which appears to the court to be property which many become the subject matter of subsequent proceedings in the court, or as to which any question may arise in any such proceedings; and

(b) the taking of samples of any such property as it men- tioned in paragraph (n) and the carrying out of any experiment on or with any such property,

(2) The power to make rules of court under section 38 shall include power to make rules of court as to Che 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 consider necessary or expe- dient.

(3) In this section-

"property" includes any land, chattel or other corporeal property of any description.