TNAG-1582-FCO40-2156-Hong-Kong-law-amendment-and-reform-1986 — Page 47

HONG KONG

LEGAL REPORT

Enclosure No. 2

THE FATAL ACCIDENTS ORDINANCE 1986

(No. 41 of 1986)

This Ordinance, in conjunction with the Law Amendment and Reform (Consolidation) (Amendment) Ordinance 1986, implements certain recommendations of the Law Reform Commission included in its report published under the title "Damages for Personal Injuries and Death"

2. The Ordinance repeals and replaces the current Fatal Accidents Ordinance (Cap. 22), although much of the substance is unchanged.

3. as follows

The principal changes made by this Ordinance are

(a) the definition of "dependant" is expanded to reflect the extensive familial relationships prevailing in Hong Kong society (section 2(1)); and

(b)

4.

a claim for damages for bereavement is created (section 4). This claim may only be made where in respect of the wrongful act, neglect or default which gave rise to the claim, no person has recovered a sum in respect of loss of the deceased's society (under section 200(1) of the Law Amendment and Reform (Consolidation) Ordinance (Cap. 23) as amended by the Law Amendment and Reform (Consolidation) (Amendment) Ordinance 1986).

Before the Acting Governor assented to the Bill in the name and on behalf of Her Majesty, the Attorney General advised that he could properly do so.

16 July 1986.

ATTORNEY GENERAL'S CHAMBERS,

HONG KONG,

Hand hatte

Acting Law Draftsman.