TNAG-1582-FCO40-2156-Hong-Kong-law-amendment-and-reform-1986 — Page 70

HONG KONG

LEGAL REPORT

Enclosure No. 2

THE LAW AMENDMENT AND REFORM (CONSOLIDATION)

(AMENDMENT) ORDINANCE 1986

(No. 40 of 1986)

This Ordinance, in conjunction with the Fatal Accidents Ordinance 1986, implements certain recommendations of the Law Reform Commission included in its report published under the title "Damages for Fersonal Injuries and Death".

2. The principal changes made by the Ordinance are to the law relating to damages recoverable in tort by and on behalf of persons who sustain personal injuries and are as follows

(a) the deceased's estate will not be able to recover

damages in respect of loss of ability to render services after his death (new section 20(b)(ii)), or in respect of loss of property, whether income or otherwise (for example, an inheritance), except such accumulated wealth as would have accrued in the normal course of events (new section 20(b)(iii));

(b)

દ

(e)

(a)

the action for damages for loss of expectation of life is abolished (new section 20A);

the common law action for loss of society or services is abolished (new section 208) and a new action for such losses is created (new section 200); and

a new section (section 56A) is added to the Supreme Court Ordinance to provide for awards of provisional damages to be permitted by rules of court. Thus where the extent and effect of the injured person's injuries are not fully assessed by the time judgement is given in his favour (and therefore his damages may not accurately reflect the degree of disability he will suffer in later years) the injured person may opt for provisional damages at that time, and claim final damages at a future date.