Reper) and replacecocet Di sections 17, 28, 29, 29A, 29B, 30. 31. 32 And 33.
5.
2
(2A) Where this section applies by virtue of section 6, sub- section (1) shall have effect as if for the words "6 years" thero were substituted the words “2 years".".
Sections 27, 28, 29, 29A, 298, 30, 31, 32 and 33 of the principal Ordinance are repealed and replaced by the following-
* M for persedi Tajuk
1975 c. $4.
. 1.
(Cap. 23.)
27. (1) This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duly exists by virtue of a contract or of provision made by or under an Ordinance or inperial enactment or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to the plaintiff or any other pecioä.
(2) Section 4 shall not apply to an action to which this section applies,
(9) Subject to section 30, an action to which this section applies shall not be brought after the expiration of the period specifted in subsections (4) and (5).
(4) Except where subsection (5) applies, the said period ia 3 years from-
(a) the date on which the cause of action accrued; or
(b) the date (if later) of the plaintiff's knowledge.
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(3) If the person injured dies before the expiration of the period in subsection (4), the period as respects the cause of action surviving for the benefit of the estate of the deceased by virtue of section 20 of the Law Amendment and Reform (Consolidation) Ordinance shall be 3 yours from—
(a) the date of death; or
(6) the date of the personal representative's knowledge. whichever is the later.
(6) In this section, and in section 29, references to # person's date of knowledge are references to the date on which he first had knowledge of the following facts-
(a) that the injory in question was significant; and (6) that that injury was attributable in whole or in part to the act or omission which is alleged to constirate negligence, nuisance or breach of duty: and
(c) the identity of the defendant; and
(z) if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person And the additional facts supporting the bringing of an action against the defendant, and knowledge that any acts or omissions did or did not, as a matter of law, involve negligence, nuisance or breach of duty is irrelevant.
(7) For the purposes of this section an injury is signi ficant if the plaintiff would reasonably have considered it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.
'Timae Unit for wetloo under Fami Meeldeaca
1975 & 54, A. 1. (Cap. 22.3
Dependants wubject to differen lmi, 1975 $4.
(CLO)
3
(8) For the purposes of this section and section 28 a person's knowledge includes knowledge which he might reasonably have been expected to acquire-
(4) from facts observable or ascertainable by him; or (b) from facts ascertainable by him with the help of medical or other appropriate expert advice which It is reasonable for him to seek,
but a person shall not be fixed under this subsection with knowledge of a fael ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, to sex on) that advjen,
(9) For the purposes of this section "personal representa- tive" includes any person who is or has been a personal re- presentative of the deceased, including an executor who has not proved the will (whether or not he has renounced pro- bate); and regard shall be had to any knowledge acquired by any such person while a personal representative or previously.
(10) If there is more than one personal representative, and their dates of knowledge are different, subsection (5)(B) shall be read as referring to the earliest of those dates.
28 (1) This section has effect subject to section 30. (2) An action under the Fatal Accidents Ordinance shall not be brought if the death occurred when the person in- fured could no longer maintain an action and recover damages in respect of the injury (whether because of a lime limit in this Ordinance or in any other Ordinance, or any other reasonk and where any such action by the Injured person would have been barred by the time limit in section 27, no account shall be taken of the possibility of that time limit being overridden under section 30.
(3) An action under the Fatal Accidents Ordinance shall not be brought after the expiration of 3 years from-
(a) the date of death; or
(4) the date of knowledge of the person for whose
benefit the action is brought,
whichever is the later.
(4) Subsection (3) shall not apply to an action for which
a period of fimitation is prescribed by or under any Ordin- ance other than this Ordinance, and section 27 shall not apply to an action under the Fatal Accidents Ordinance.
(5) An action under the Fatal Accidents Ordinance shali be one to which section 22 applies, but otherwise sections 22 to 26, inclusive, and Part IV shall not apply to the action.
29. (1) This section applies where there is more tha one person for whose benefit an action under the Fatal Accidents Ordinance is brought.
(2) Section 28(3)(6) shall be applied separately to each of them, and if that would dobar one or more of them. but not all, the court shall direct that any person whe would be so debarred shall be excluded from those for whom the action is brought unless it is shown that if the action were brought exclusively for the benefit of that person it
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