TNAG-1582-FCO40-2156-Hong-Kong-law-amendment-and-reform-1986 — Page 61

Enclosure No. 4

A BILL

Το

Repeal and replace existing provision for the compensation of dependants of persons

killed as a result of tortious acts.

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. (1) This Ordinance may be cited as the Fatal Accidents Ordinance 1986.

(2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazette but shall not apply to any cause of action that accrues before then.

Short title and

commencement.

Interpretation.

2. (1) In this Ordinance, unless the context otherwise requires- "adopted" means adopted in pursuance of an adoption order made under the

Adoption Ordinance or of any adoption recognized as valid by the law of Hong (Cap. 290.) Kong;

"dependant", in relation to a deceased person, means-

(a) the wife, husband, former wife or former husband of the deceased and any person whose marriage to the deceased has been annulled or declared void;

(b) any person who—

(i) was living with the deceased in the same household immediately before the date of his death; and

(ii) had been living with the deceased in the same household for at least 2 years before that date,

as the husband or wife of the deceased;

(c) any parent or other ascendant of the deceased;

(d) any person (not being a parent of the deceased) who, during any marriage to which that person was a party, treated the deceased as a son or daughter of the family in relation to that marriage;

(e) any child or other descendant of the deceased;

(f) any person (not being a child of the deceased) who, during any marriage to which the deceased was at any time a party, was treated by the deceased as a son or daughter of the family in relation to that marriage;

(g) any person who is, or is the issue of, a brother, sister, uncle or aunt of the

deceased;

(h) any person who is, or is the issue of, a brother or sister of a grandparent of

the deceased;

(i) any godchild or godparent of the deceased according to Chinese custom;

"wife" means-

(a) in the case of a Christian marriage or its civil equivalent, the lawful wife; and (b) in the case of any other lawful marriage-

(i) the lawful wife of such marriage; or

(ii) if there is more than one lawful wife, the lawful principal wife recognized as such by the personal law of the husband of such marriage, or if there is no lawful principal wife, the lawful wives so recognized.

(2) In deducing any relationship for the purposes of this Ordinance-

(a) an adopted person shall be treated as the child of the person or persons by whom he was adopted and not as the child of any other person; and, subject thereto;