1984 Ed.]
Civil Liability (Contribution)
[CAP. 377
3
(c) any corresponding limit or reduction under the law of a
place outside Hong Kong,
the person from whom the contribution is sought shall not by virtue of any contribution awarded under section 3 be required to pay in respect of the damage a greater amount than the amount of those damages as so limited or reduced.
5. Judgment obtained against any person liable in respect of any debt or damage shall not be a bar to an action, or to the continuance of an action, against any other person who is (apart from any such bar) jointly liable with him in respect of the same debt or damage.
6. If more than one action is brought in respect of any damage by or on behalf of the person by whom it was suffered against persons liable in respect of the damage (whether jointly or otherwise) the plaintiff shall not be entitled to costs in any of those actions, other than that in which judgment is first given, unless the court is of the opinion that there was reasonable ground for bringing the action.
7. A release of, or accord with, a person liable in respect of any debt or damage, granted or made by a person to whom the debt is due or by whom the damage is suffered, does not discharge another person who is jointly liable in respect of the debt or damage unless the release or accord so provides.
8.
Without prejudice to section 6(1) of the Crown Proceedings Ordinance (indemnity and contribution), this Ordinance shall bind the Crown.
9. (1) Nothing in this Ordinance shall affect any case where the debt in question became due or (as the case may be) the damage in question occurred before the date on which it comes into force.
(2) A person shall not be entitled to recover contribution or liable to make contribution in accordance with section 3 by reference to any liability based on breach of any obligation assumed by him before the date of commencement of this Ordinance.
(3) The right to recover contribution in accordance with section 3 supersedes any right, other than an express contractual right, to recover contribution (as distinct from indemnity) otherwise than under this Ordinance in corresponding circumstances; but nothing in this Ordinance shall affect-
(a) any express or implied contractual or other right to
indemnity; or
(b) any express contractual provision regulating or excluding
contribution,
which would be enforceable apart from this Ordinance (or render enforceable any agreement for indemnity or contribution which would not be enforceable apart from this Ordinance).
Proceedings against persons jointly liable for the same debt or damage.
1978 c. 47, s. 3.
Successive actions against persons liable (jointly or otherwise) for the same damage.
1978 c. 47, s. 4.
Effect of joint liability of release or accord.
Application to the Crown. 1978 c. 47, s. 5. (Cap. 300.)
Savings. 1978 c. 47, s. 7.
1984 Ed.]
Civil Liability (Contribution)
[CAP. 377
3
(c) any corresponding limit or reduction under the law of a
place outside Hong Kong,
the person from whom the contribution is sought shall not by virtue of any contribution awarded under section 3 be required to pay in respect of the damage a greater amount than the amount of those damages as so limited or reduced.
5. Judgment obtained against any person liable in respect of any debt or damage shall not be a bar to an action, or to the continuance of an action, against any other person who is (apart from any such bar) jointly liable with him in respect of the same debt or damage.
6. If more than one action is brought in respect of any damage by or on behalf of the person by whom it was suffered against persons liable in respect of the damage (whether jointly or otherwise) the plaintiff shall not be entitled to costs in any of those actions, other than that in which judgment is first given, unless the court is of the opinion that there was reasonable ground for bringing the action.
7. A release of, or accord with, a person liable in respect of any debt or damage, granted or made by a person to whom the debt is due or by whom the damage is suffered, does not discharge another person who is jointly liable in respect of the debt or damage unless the release or accord so provides.
8.
Without prejudice to section 6(1) of the Crown Proceed- ings Ordinance (indemnity and contribution), this Ordinance shall bind the Crown.
9. (1) Nothing in this Ordinance shall affect any case where the debt in question became due or (as the case may be) the damage in question occurred before the date on which it comes into force.
(2) A person shall not be entitled to recover contribution or liable to make contribution in accordance with section 3 by reference to any liability based on breach of any obligation assumed by him before the date of commencement of this Ordinance.
(3) The right to recover contribution in accordance with section 3 supersedes any right, other than an express contractual right, to recover contribution (as distinct from indemnity) otherwise than under this Ordinance in corresponding circumstances; but nothing in this Ordinance shall affect-
(a) any express or implied contractual or other right to
indemnity; or
(b) any express contractual provision regulating or excluding
contribution,
which would be enforceable apart from this Ordinance (or render enforceable any agreement for indemnity or contribution which would not be enforceable apart from this Ordinance).
Proceedings against persons jointly liable for the same debt or damage.
1978 c. 47, s. 3.
Successive
actions against persons liable (jointly or otherwise) for the same damage.
1978 c. 47, s. 4.
Effect of joint liability of release or accord.
Application to the Crown. 1978 c. 47, s. 5. (Cap. 300.)
Savings. 1978 c. 47, s. 7.
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