TNAG-1582-FCO40-2156-Hong-Kong-law-amendment-and-reform-1986 — Page 83

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Abolition of common law actions for loss of society or service. 1982 c. 53. s. 2.

Actions for loss

of society or services.

(

of 1986.)

(

of 1986.)

uced

(b) if the injured person's expectation of life has been

by the injuries, the court, in assessing damages in ru et of pain and suffering caused by the injuries, shall take account of any suffering caused or likely to be caused to him by awareness that his expectation of life has been so reduced.

(2) The reference in subsection (1)(a) to damages in respect of loss of expectation of life does not include damages in respect of loss of income.

20B. Except as provided in section 20C, no person shall be liable in tort-

(a) to a husband on the ground only of having deprived him of

the services or society of his wife;

(b) to a parent (or person standing in the place of a parent) on the ground only of having deprived him of the services of a child; or

(c) on the ground only-

(i) of having deprived another of the services of his menial servant;

(ii) of having deprived another of the services of his female servant by raping or seducing her; or

(iii) of enticement of a servant or harbouring a servant.

20C. (1) Where injury is caused to any person by any wrongful act, neglect or default which entitles him to maintain an action and recover damages, and which causes the husband, wife, children or parents of the injured person to be deprived of his society, the person who is liable to such an action shall, subject to subsection (3), also be liable in damages for the loss of the injured person's society suffered by such of the following persons as survive 30 days after the date on which the cause of action accrued-

(a) the husband or wife of the injured person, unless they had been living apart for a continuous period of at least 2 years immediately preceding the date when the cause of action accrued; or

(b) where there is no spouse entitled to recover damages under paragraph (a), any children of the injured person who were living with him at the date when the cause of action accrued;

or

(c) where there is no such spouse or child, any parent of the injured person who was living with him at the date when the cause of action accrued.

(2) The total sum awarded as damages under subsection (1) in respect of any injured person—

(a) shall not exceed the sum specified in section 4(3) of the Fatal

Accidents Ordinance 1986; and

(b) shall, where there are two or more claimants, be divided

equally between them.

(3) Damages shall not be payable by virtue of subsection (1) if the injured person dies as a result of the act, neglect or default referred to in that subsection and his death gives rise to a right to claim damages for bereavement under section 4 of the Fatal Accidents Ordinance 1986.

(Cap. 290.)

(of 1986.)

(4) Where injury is caused to any person by any wrongful act, neglect or default which entitles him to maintain an action and recover damages in respect thereof and which causes any dependant of the injured person to be deprived of his gratuitous services, the action may include a claim for damages by the injured person for impairment of his ability to render such services.

(5) In this section-

"child" of an injured person includes—

(a) a child adopted by him in pursuance either of an adoption order made under the Adoption Ordinance or of any other adoption recognized as valid by the law of Hong Kong; and (b) a person who, during any marriage to which the injured person was at any time a party, was treated by him as a son or daughter of the family in relation to that marriage; "dependant", in relation to an injured person, means-

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

(b) any person who-

(i) was living with the injured person in the same house- hold immediately before the date of his injury; and

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

as the husband or wife of the injured person;

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

(e) any child or other descendant of the injured person;

(f) any person (not being a child of the injured person) who, during any marriage to which the injured person was at any time a party, was treated by the injured person 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 injured person;

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

grandparent of the injured person;

(i) any godchild or godparent of the injured person according

to Chinese custom;

"injury" includes any disease and any impairment of a person's

physical or mental condition;

"parent" includes any person who, during any marriage to which that person was a party, treated the injured person as a son or daughter of the family in relation to that marriage;

"wife" has the same meaning as in the Fatal Accidents Ordinance

1986,

and in deducing any relationship for the purposes of this section, section 2(2) of the Fatal Accidents Ordinance 1986 shall apply as it applies for the purposes of that Ordinance.".