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Ord. No. 40/86
Addition of new sections 20A, 20B and 20C.
3.
LAW AMENDMENT AND REFORM (CONSOLIDATION) (AMENDMENT)
The principal Ordinance is amended by adding after section 20 the
following-
"Abolition of
rights to damages for loss of expectation of life.
1982 c. 53, s. 1.
Abolition of common law actions for loss of society or service. 1982 c. 53, s. 2.
Actions for loss
of society or services.
20A. (1) In an action for damages for personal injuries—
(a) no damages shall be recoverable in respect of any loss of expectation of life caused to the injured person by the injuries; but
(b) if the injured person's expectation of life has been reduced
by the injuries, the court, in assessing damages in respect 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 any person referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) 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; or
(c) where there is no person by or for whom a claim can be made under paragraph (a) or (b), any concubine taken by the deceased before 7 October 1971; or
(d) where there is no person by or for whom a claim can be
made under paragraph (a), (b) or (c), 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; or
(41 of 1986.)
(41 of 1986.)
(Cap. 290.)
LAW AMENDMENT AND REFORM (CONSOLIDATION) (AMENDMENT)
Ord. No. 40/86
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(e) where there is no person by or for whom a claim can be made under paragraph (a), (b), (c) or (d), the parents of the deceased or (if the deceased was illegitimate) his mother; or
(f) where there is no person by or for whom a claim can be made under paragraph (a), (b), (c), (d) or (e), but the deceased was at the date of his death a minor, any person 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; or
(g) where there is no other person by or for whom a claim can be made under this subsection, any brother or sister of the deceased.
(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.
(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) a concubine lawfully taken by the deceased before 7
October 1971;
(c) 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;
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