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Ord. No. 40/86

(41 of 1986.)

Amendment of section 21.

4.

Amendments to Supreme Court

Ordinance and Bankruptcy Ordinance. (Cap. 4.)

LAW AMENDMENT AND REFORM (CONSOLIDATION) (AMENDMENT)

(d) any parent or other ascendant of the injured person;

(e) 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;

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

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

or aunt of the injured person;

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

grandparent of the injured person;

(j) 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.".

Section 21 of the principal Ordinance is amended-

(a) in subsection (4) by deleting "brought for the benefit of the dependants of

that person"; and

(b) by inserting after subsection (4) the following-

"(4A) Where an action is brought under section 20C for the loss of the society of another in circumstances where any damages recoverable by that other in proceedings brought by him would be reduced under subsection (1) of this section, any damages awarded for such loss shall be reduced to a proportionate extent.".

5. (1) The Supreme Court Ordinance is amended by adding after section 56 the following-

"Orders for

provisional damages for

personal injuries.

[cf. 1982

c. 53, s. 6.]

56A. (1) This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deteriora- tion in his physical or mental condition.

(2) Subject to subsection (4), as regards any action for damages to which this section applies in which a judgment is given in the High Court, provision may be made by rules of court for enabling the Court, in such circumstances as may be prescribed, to award the injured person—

LAW AMENDMENT AND REFORM (CONSOLIDATION) (AMENDMENT)

Ord. No. 40/86

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(a) damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and

(b) further damages at a future date if he develops the disease or

suffers the deterioration.

(3) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule- making authority may consider necessary or expedient, and may provide for the injured person to elect whether or not to accept an award of damages assessed in accordance with such rules.

(4) Nothing in this section shall be construed-...

(a) as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs;

or

(b) as prejudicing any duty of the Court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.”.

(2) The Rules of the Supreme Court are amended, in rule 10(3)(c) of Order 29 (Cap. 4, sub. leg.) and in rule 11(2) of Order 80, by deleting in each case "6" and substituting the following-

“5(4)”.

(3) Section 34(3) of the Bankruptcy Ordinance is amended by inserting after (Cap. 6.) "obligation incurred before the date of the receiving order,” the following—

(Cap. 4.)

"including a liability to pay further damages as provided for in section 56A(2)(b) of the Supreme Court Ordinance (following an award of provisional damages),”.

6. (a) The Schedule to the Small Claims Tribunal Ordinance is amended, in Consequential.

the proviso to paragraph 1, by deleting sub-paragraph (a)(ii) and (iii).

(Cap. 338.) (b) The Second Schedule to the Legal Aid Ordinance is amended, in Part II, by (Cap. 91.)

deleting paragraph 1(b) and (c).

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

LAW Kam-sang,

Clerk to the Legislative Council.

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.