1972-HKRS28-16-20_Part01 — Page 18

Amendmeat of

section 31. 167, 1973, x. 45, K..

Transitional provisions

1971, c. 43, 1.4. Schedule

6

(5) Where, in determining whether the require- ments of subsection (1) or (2) of this section are ful- filled in the case of an action falling within paragraph (b) of subsection (1) of section 29 (whether on an action under section 29A or when that question sub- sequently falls to be determined), it appears to the court that those requirements would be fulfilled if any person had not been included among those for whose benefit the action is brought, the court shall-

(a) determine that question as if he had not

been so included; but

(b) direct that, in so far as the action is brought for the benefit of that person, subsection (2) or, as the case may be, subsection (3) of section 29 shall not operate to displace any defence there mentioned.

and those subsections shall have effect accordingly." 4. Section 31 of the principal Ordinance is amended by inserting after “subsection (1) of section 4", the following- *1971, 43, or so much of section 8 of the Fatal Accidents

[Cap. 22.)

Ordinance as requires actions under that Ordinance to be commenced within three years after the death of the deceased".

5.

The Schedule to this Ordinance shall have effect as re- spects the application of this Ordinance in relation to causes and rights of action which accrued before the 1st April 1972.

(6) section 29A of the principal Ordinance, as set out in section 3 of

this Ordinance, shall have effect-

4.

(i) with the deletion in subsection (1) of "for the purposes of subsection (2) of that section" and in subsection (3) of the words from “and it also appears" to the end; and

(i) as it subsection (3) applied (subject to the necessary modifications) to an application made for the purposes of sub- section (3) of the said section 29 as well as to an application made for the purposes of subsection (2) of that section.

For the purposes of this Schedule an action shall not be taken to be pending at any time after a final onder or judgment has been made or given therein, notwithstanding that an appeal peoding or that the time for appealing has not expired; and accordingly sections 2, 3 and 4 of this Ordinance shall not have effect in relation to a cause of action in respect of which a final order or judgment has been made or given before the 1st April 1972.

Passed by the Hong Kong Legislative Council this 15th day of March, 1972.

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

1971. c. 43.

Sch, 2.

SCHEDULE

TRANSITIONAL PROVISIONS

(5. 5.)

1. Subject to the provisions of this Schedule, this Ordinance shall have effect in relation to causes of action which accrued before, as well as causes of action which accrue after, the 1st April 1972 and shall have effect in relation to any cause of action which accrued before the 1st April 1972 notwithstanding that an action in respect thereof has been commenced and is pending at the commencement of this Ordinance,

2. In the application of section 28 of the principal Ordinance to an action which is pending at the 1st April 1972, subsection (3) of that section shall have effect with the deletion of the words from "and it also appears" to the end.

3. In their application to an action which is pending at the 1st April 1972-

(a) section 29 of the principal Ordinance, as set out in section 3 of this Ordinance, shall have effect with the deletion in subsection (a) of "before the commencement of the action";

Clerk to the Legislative Council.