A274
Ord. No. 41/86
Persons entitled to
bring the action.
lef. 1982
c. 53, s. 3.]
Assessment of
damages.
[cf. 1982
č. 53, s. 3.]
(App. III, p. CG.)
FATAL ACCIDENTS
(g) where there is no person by or for whom a claim can be made under paragraph (a), (b), (c), (d), (e) or (ƒ), 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
(h) 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.
(3) Subject to subsection (4), the sum to be awarded as damages under this section shall be $40,000.
(4) Where there is a claim for damages under this section for the benefit of 2 or more persons, the sum awarded shall be divided equally between them (subject to any deduction falling to be made in respect of costs not recovered from the defendant).
(5) The Legislative Council may by resolution amend subsection (3) by varying the sum specified therein.
5. (1) An action under this Ordinance shall be brought by and in the name of the executor or administrator of the deceased.
(2) If-
(a) there is no executor or administrator of the deceased; or
(b) no action is brought within 6 months after the death by and in the name of
an executor or administrator of the deceased,
the action may be brought by and in the name of all or any of the persons for whose benefit an executor or administrator could have brought it.
(3) Not more than one action shall lie for and in respect of the same subject-matter of complaint.
(4) The plaintiff in the action shall be required to deliver to the defendant or his solicitor full particulars of the persons for whom and on whose behalf the action is brought and of the nature of the claim in respect of which damages are sought to be recovered.
6. (1) In the action, such damages, other than damages for bereavement, may be awarded to dependants in such proportions as reflect their respective injuries as a result of the death.
(2) Where damages are awarded under subsection (1), any costs not recovered from the defendant shall be deducted from those damages and thereafter those damages shall be divided among the dependants in such proportions as has been decided under that subsection.
(3) In an action under this Ordinance, or under the Carriage by Air (Overseas Territories) Order 1967, where there fall to be assessed damages payable to a widow in respect of the death of her husband there shall not be taken into account the re-marriage of the widow or her prospects of re-marriage.
(4) In an action under this Ordinance where there fall to be assessed damages payable to a person who is a dependant within the meaning of paragraph (c) of the definition of that term in section 2, in respect of the death of the person with whom the dependant was living as husband or wife, there shall be taken into account (together with any other matter that appears to the court to be relevant to the action) the fact that the dependant had no enforceable right to financial support by the deceased as a result of their living together.
(5) In assessing damages in any action brought under this Ordinance the funeral expenses of the deceased person, if such expenses have been incurred by the parties for whose benefit the action is brought, shall be taken into account.
(6) Money paid into court in satisfaction of a cause of action under this Ordinance may be in one sum without specifying any person's share.
FATAL ACCIDENTS
Ord. No. 41/86
7. In assessing damages in respect of a person's death in an action under this Assessment Ordinance or under the Carriage by Air (Overseas Territories) Order 1967, benefits of damages; which have accrued or will or may accrue to any person from his estate or otherwise disregard of as a result of his death shall be disregarded.
8. The Fatal Accidents Ordinance is repealed.
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.
benefits. [cf. 1982
c. 53, s. 3.]
A275
(App. III. p. CG.)
Repeal. (Cap. 22.)
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