XN000022-1991-05-22 — Page 4

WEDNESDAY, MAY 22, 1991

BECAUSE I WAS AWARE THAT THE CONSUMER COUNCIL WAS LOOKING INTO THE SUBJECT AND HAD AVAILABLE TO IT AN EXCELLENT REPORT PREPARED BY THE ICAC, I TOLD THIS COUNCIL SOME TIME AGO THAT I INTENDED TO AWAIT THE CONSUMER COUNCIL'S STUDY BEFORE TAKING ANY FURTHER STEPS. I UNDERSTAND THAT THIS STUDY HAS JUST BEEN COMPLETED OR IS VERY NEARLY COMPLETED AND LIKE THE ICAC'S REPORT, RECOMMENDS THE LICENSING OF REAL ESTATE AGENTS. 1 CANNOT NOW PRE-JUDGE THIS ISSUE AS IT IS OBVIOUSLY ALSO VERY COMPLEX, BUT WOULD WISH TO CONFIRM THAT THE RECOMMENDATIONS THE CONSUMER COUNCIL WILL BE CONSIDERED VERY CAREFULLY AS SOON AS IT IS RECEIVED. IN THE LIGHT OF BOTH THE EVIDENCE AVAILABLE AND OF THE PUBLIC CONCERN ON THIS ISSUE, WE WILL TRY TO REACH A CONCLUSION ON WHETHER ANY FURTHER ACTION SHOULD BE TAKEN AS SOON AS WE POSSIBLY CAN.

SIR, I PROPOSE TO SUPPORT MISS LEUNG'S MOTION.

MY PROBLEM WITH MR SIT'S AMENDMENT IS THAT SPECULATION IS AN ISSUE WHICH IS MORE FRAUGHT WITH MYTHS AND MORALISATION THAN ALMOST ANY OTHER.

AND ANY STEPS PROPOSED WOULD REQUIRE GREAT CARR AND A CONSIDERABLE AMOUNT OF DISCUSSION BEFORE BEING TAKEN IN ORDER TO AVOID HARM. WHEREAS THE ADMINISTRATION FULLY RECOGNISES

VERY WIDE PUBLIC CONCERN ABOUT THE ISSUE AND THAT THIS CONCERN CERTAINLY JUSTIFIES A CLOSE AND SYSTEMATIC EXAMINATION OF EXISTING PRACTICES AND THE VARIOUS PROPOSALS FOR SOLUTIONS, MR SIT'S AMENDMENT APPEARS TO PRE-SUPPOSE THAT THE CONCLUSION OF SUCH A REVIEW WOULD LEAD TO FURTHER RESTRICTIVE ACTION. AFTER LISTENING TO THE VIEWS EXPRESSED HERE THIS AFTERNOON IN THIS DEBATE I DOUBT WHETHER THIS WOULD BE WISE. SO I SUPPORT MISS LEUNG'S MOTION.

DAMAGES FOR BEREAVEMENT INCREASED TO $70,000

* * *

THE AWARD FOR DAMAGES FOR BEREAVEMENT UNDER THE FATAL ACCIDENTS ORDINANCE WAS RAISED FROM $40,000 TO $70,000 BY A RESOLUTION MADE THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

IN

MOVING THE RESOLUTION, THE ATTORNEY GENERAL, MR JEREMY MATHEWS, ENACTED TO EXPLAINED THAT IN 1986 THE FATAL ACCIDENTS ORDINANCE WAS MODERNISE THE LAW ENABLING CLOSE RELATIONS OF PERSONS KILLED IN AN ACCIDENT, SUCH AS A ROAD ACCIDENT, TO BRING AN ACTION IN THE COURTS TO RECOVER DAMAGES FOR THEIR LOSS AGAINST THE PERSON CAUSING THE DEATH.

"THESE

THE

INCLUDE THE LOSS DAMAGES USUALLY

OF FINANCIAL SUPPORT, MEDICAL COSTS AND ANY PROPERTY DAMAGE.

DECEASED'S

"UNDER SECTION 4 OF THE ORDINANCE DEPENDANTS ARE ALSO ABLE CLAIM DAMAGES FOR THEIR BEREAVEMENT, MR MATHEWS SAID.

TO

SINCE 1986, THE SUM AWARDED AS DAMAGES FOR BEREAVEMENT HAD BEEN FIXED BY THE ORDINANCE AT $40,000.

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