XN000022-1985-02-04 — Page 3

MONDAY, FEBRUARY 4, 1985

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CHANGES IN ACCIDENT DAMAGES LAW PROPOSED

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A PROPOSAL FOR WIDENING THE CATEGORY OF DEPENDANTS ENTITLED TO CLAIM DAMAGES IN ACCIDENT CASES, IS AMONG THE PROPOSALS FOR CHANGE CONTAINED IN THE LAW REFORM COMMISSION'S +REPORT ON DAMAGES FOR PERSONAL INJURY AND DEATH+, RELEASED TODAY.

THE REPORT ALSO PROPOSES PROVIDING A NEW +FIXED SUM+ AWARD OF DAMAGES AS COMPENSATION TO THE BEREAVED SPOUSE, CHILD OR PARENT FOR GRIEF CAUSED BY THE VICTIM'S DEATH.

IN PRESENTING THE REPORT AT A PRESS CONFERENCE TODAY, MR ROBERT ALLCOCK, HEAD OF THE DEPARTMENT OF LAW AT HONG KONG UNIVERSITY AND COMMISSION MEMBER WHO CHAIRED THE SUB-COMMITTEE EXAMINING THE SUBJECT, SAID THE PROPOSED REFORMS WERE +AN EXERCISE IN GOOD LEGAL HOUSEKEEPING, BUT NONETHELESS OF GREAT IMPORTANCE TO ACCIDENT VICTIMS AND THEIR DEPENDANTS+.

IN RECENT YEARS, HE SAID, THE COURTS IN HONG KONG HAD EXPRESSED CONCERN OVER THE WAYS IN WHICH THE PRESENT LAW COULD WORK UNJUSTLY IN THE ASSESSMENT OF DAMAGES IN PERSONAL INJURY CASES AND CLAIMS ARISING FROM FATAL ACCIDENTS.

THE RECOMMENDATIONS WOULD FOR EXAMPLE ALLOW AN ACCIDENT VICTIM TO BE AWARDED PROVISIONAL DAMAGES WHERE THE EXTENT OF

HIS DISABILITY COULD NOT BE ACCURATELY ASSESSED AT THE TIME OF TRIAL BECAUSE THE INJURY HAD NOT THEN FINALLY SETTLED DOWN. HE COULD LATER RETURN TO COURT FOR A FINAL ASSESSMENT OF HIS DISABILITY TO BE MADE. UNDER THE PRESENT LAW ONCE-AND-FOR-ALL AWARDS AT THE TIME OF TRIAL SOMETIMES LATER TURNED OUT TO BE EITHER

INADEQUATE OR EXCESSIVE.

MR ALLCOCK POINTED OUT THAT, WHILE THE COMMISSION'S RECOMMENDATION HAD BEEN INFLUENCED BY RECENT CHANGES IN THE LAW OF THE UNITED KINGDOM, THEY DEPARTED FROM THEM IN A NUMBER OF SIGNIFICANT RESPECTS, FOR EXAMPLE IN RECOGNISING THE GODPARENT AND GODCHILD RELATIONSHIP ACCORDING TO CHINESE CUSTOM FOR THE PURPOSE OF A CLAIM OF DEPENDANCY IN A FATAL ACCIDENT CASE.

THE REPORT WOULD BE SENT TO THE GOVERNMENT FOR ITS CONSIDERATION, HE SAID.

SINCE THE COMMISSION HAD CONSULTED WIDELY IN PREPARING THE REPORT. MR ALLCOCK ANTICIPATED THAT IMPLEMENTATION OF THE PROPOSALS COULD PROCEED QUICKLY.

MR ALLCOCK EXPRESSED HIS APPRECIATION OF THE WORK DONE BY MEMBERS OF THE SUB-COMMITTEE WHICH INCLUDED MRS PAULINE CHEUNG, DR HENRIETTA IP, MR STEPHEN C.K. LAW, MS ROBYN MARTIN, MR WONG HAY-CHIH, MR JUSTICE BARKER, MR CHARLES CHING,

MR SIMON IP, MS ANGELI TSUI, JUDGE MCCLELLAND AND MR A WATSON- BROWN.

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