XN000022-1986-07-09 — Page 50

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WEDNESDAY, JULY 9, 1986

AS A RESULT OF THIS, HE COULD BE UNDER-COMPENSATED FOR HIS INJURIES.

HENCE UNDER CLAUSE 5 OF THE BILL THE HIGH COURT SHOULD BE GIVEN POWER TO MAKE AWARDS OF PROVISIONAL DAMAGES, SHE SAID.

SHE NOTED THAT THE RULES OF THE SUPREME COURT WOULD BE AMENDED TO ALLOW FOR THESE CHANGES AND FOR ASSESSMENT AND AWARD OF FURTHER DAMAGES.

ON THE ASSESSMENT ON AN AWARD FOR LOST YEARS, DR IP REPORTED THAT THE ADMINISTRATION HAD ACCEPTED A PROPOSAL MADE BY THE HON MARTIN LEE THAT UNDER CLAUSE 2 OF LARCO COMPENSATION SHOULD BE GIVEN FOR THE ACTUAL LOSS THE DECEASED PERSON'S ESTATE SUFFERED AS A RESULT OF HIS PREMATURE DEATH BY DIRECTING THE COURT TO THE ACCUMULATED WEALTH WHICH WOULD HAVE BEEN IN THE DECEASED'S ESTATE IN THE NORMAL COURSE OF EVENTS.

+THIS APPROACH AVOIDS PROBLEMS SUCH AS HOW TO TREAT NON- CONTRIBUTORY PENSIONS FOR THE PURPOSES OF THE BILLS' ORIGINALLY PROPOSED 'PATTERN OF SAVINGS' FORMULAE, SHE SAID.

DR IP ALSO SAID THE AD HOC GROUP HAD HELD LENGTHY DISCUSSIONS ON WHETHER COHABI TEES SHOULD BE INCLUDED IN THE DEFINITION OF 'DEPENDANTS' WHO WOULD BENEFIT FROM THE AWARD OF DAMAGES, AS THEY DID NOT ENCOURAGE COHABITATION.

HOWEVER IT HAD BEEN BROUGHT TO MEMBERS' ATTENTION THAT MANY NEWLY-ARRIVED CHINESE RESIDENTS IN HONG KONG HAD GONE INTO COHABITATION, NOT REALISING THE NEED IN HONG KONG TO REGISTER A MARRIAGE, AND WERE THEREFORE EXCLUDED FROM COMPENSATION UNDER BOTH LARCO AND FAO.

+THE LAW REFORM COMMISSION'S REPORT SUGGESTED THAT COHABI TEES WHO HAVE LIVED TOGETHER AS MAN AND WIFE FOR TWO YEARS OR MORE SHOULD BE INCLUDED AS 'DEPENDANTS' BECAUSE THERE IS SUFFICIENT EVIDENCE TO SHOW THAT A PERMANENT RELATIONSHIP EXISTS BETWEEN THEM,+ DR IP SAID.

AS FOR THE INCLUSION OF A GODCHILD OR A GODPARENT OF THE DECEASED ACCORDING TO THE CHINESE CUSTOM+ IN THE DEPENDANT LIST, DR IP SAID +KUO KAI+ WAS A DEEPLY ENTRENCHED CUSTOM IN CHINESE FAMILIES AND OFTEN A MAN WITHOUT A SON WOULD TAKE HIS NEPHEW AS HIS OWN CHILD TO INHERIT HIS WEALTH.

+THESE PROPOSALS ALSO COVER THE SITUATION WHERE A PERSON

IN BOTH TAKES A GODCHILD ACCORDING TO THE CHINESE CUSTOM. INCIDENTS THE +60DCHILD+ MUST PROVE THAT HE DEPENDS ON THE SUPPORT OF THE VICTIM,+ SHE ADDED.

/ON GRATUITOUS

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