TNAG-1585-FCO40-2159-Hong-Kong-prisons-and-prisoners-1986 — Page 95

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Ord. No. 39/86

INTERPRETATION AND GENERAL CLAUSES (AMENDMENT) (NO. 2)

Passed by the Hong Kong Legislative Council this 9th day of July 1986.

LAW Kam-sang,

Clerk to the Legislative Council.

LAW AMENDMENT AND REFORM (CONSOLIDATION) (AMENDMENT)

Ord. No. 40/86

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HONG KONG

No. 40 of 1986

I assent.

L.S.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LAW Kam-sang, Clerk to the Legislative Council.

David AKERS-JONES, Acting Governor. 10 July 1986

An Ordinance to amend the Law Amendment and Reform (Consolidation) Ordinance in relation to damages recoverable in tort by and on behalf of persons who sustain personal injuries, and to make other related and consequential changes to the law.

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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 Law Amendment and Reform Short title and (Consolidation) (Amendment) Ordinance 1986.

commencement.

(2) This Ordinance shall come into operation on the day appointed for the commencement of the Fatal Accidents Ordinance 1986 but shall not apply to any (41 of 1986.) cause of action that accrues before then.

2.

Section 20 of the principal Ordinance is amended—

(a) by inserting after subsection (1) the following—

(41 of 1986.)

"(IA) The right of a person to claim under section 4 of the Fatal Accidents Ordinance 1986 (for bereavement) or under section 20C(1) of this Ordinance (for loss of society) shall not survive for the benefit of his estate on his death."; and

(b) in subsection (2) by deleting paragraph (b) and substituting the following- "(b) shall, where the death of that person has been caused by the act or

omission which gives rise to the cause of action-

(i) be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included;

(ii) not include any damages in respect of loss of ability to render services after his death;

(iii) not include any damages for loss of property, whether income or otherwise, in respect of any period after his death. except in so far as the court is satisfied that, but for the act or omission that gave rise to the cause of action, the deceased would have achieved an accumulation of wealth by the time that he would otherwise have died, in which case damages may be awarded in respect of the loss of that wealth:

Provided that damages awarded under this sub-paragraph shall be subject to such deduction as the court considers it just to make in the circumstances of any particular case on account of the accelerated receipt of that wealth and in order to avoid over- compensation.".

Amendment of section 20.

(Cap. 23.)