1964_CIVIL_LIABILITY_(CONTRIBUTION)_ORDINANCE — Page 2

1984 Ed.]

Civil Liability (Contribution)

[CAP. 377

1

CHAPTER 377

CIVIL LIABILITY (CONTRIBUTION)

To make new provision for contribution between persons who are jointly or severally, or both jointly and severally, liable for the same damage or debt and in certain other similar cases where two or more persons have paid or may be required to pay compensa- tion for the same damage or debt; and to amend the law relating to proceedings against persons jointly liable for the same debt or jointly or severally, or both jointly and severally, liable for the same damage or debt.

1.

[1 January 1985.]

This Ordinance may be cited as the Civil Liability (Contribution) Ordinance.

2. (1) In this Ordinance~~-~-

"action" means an action brought in Hong Kong; "dependants" has the same meaning as in the Fatal Accidents

Ordinance.

(2) References in this Ordinance to an action brought by or on behalf of the person who suffered any damage include references to an action brought for the benefit of his estate or dependants.

(3) A person is liable in respect of any damage for the purposes of this Ordinance if the person who suffered it (or anyone representing his estate or dependants) is entitled to recover compen- sation from him in respect of that damage (whatever the legal basis of his liability, whether tort, breach of contract, breach of trust or otherwise).

3. (1) Subject to the following provisions of this section, any person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage (whether jointly with him or otherwise).

(2) A person shall be entitled to recover contribution by virtue of subsection (1) notwithstanding that he has ceased to be liable in respect of the damage in question since the time when the damage occurred, provided that he was so liable immediately before he made or was ordered or agreed to make the payment in respect of which the contribution is sought.

(3) A person shall be liable to make contribution by virtue of subsection (1) notwithstanding that he has ceased to be liable in respect of the damage in question since the time when the damage occurred, unless he ceased to be liable by virtue of the expiry of a period of limitation or prescription which extinguished the right (and did not merely bar a remedy) on which the claim against him in respect of the damage was based.

Originally

77 of 1984.

Short title.

Interpretation. 1978 c. 47, s. 6.

(Cap. 22.)

Entitlement to contribution. 1978 c. 47, s. 1.

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