CAP. 22]
Fatal Accidents
[1986 Ed.
Right of action for wrongful act causing death.
(cf. 1982 c. 53, s. 3.)
Bereavement. [cf. 1982 c. 53, s. 3.]
(Cap. 23.)
"wife" means-
(a) in the case of a Christian marriage or its civil equivalent,
the lawful wife; and
(b) in the case of any other lawful marriage--
(i) the lawful wife of such marriage; or
(ii) if there is more than one lawful wife, the lawful principal wife recognized as such by the personal law of the husband of such marriage, or if there is no lawful principal wife, the lawful wives so recognized.
(2) In deducing any relationship for the purposes of this Ordinance---
(a) an adopted person shall be treated as the child of the person or persons by whom he was adopted and not as the child of any other person; and, subject thereto;
(b) any relationship by affinity shall be treated as relationship by consanguinity, any relationship of the half-blood as a relationship of the whole blood, and the stepchild of any person as his child; and
(c) an illegitimate person shall be treated as the legitimate child of his mother and reputed father.
3. If death is caused to any person ("the deceased") by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the deceased to maintain an action and recover damages in respect thereof, then subject to section 4(2) an action for damages may be brought for the benefit of the dependants of the deceased against the person who would have been liable in damages to the deceased in respect of that wrongful act, neglect or default.
4. (1) An action under this Ordinance may consist of or include a claim for damages for bereavement unless, by reason of the act, neglect or default referred to in section 3, any person has recovered, by action or otherwise, a sum in respect of loss of the deceased's society under section 20C(1) of the Law Amendment and Reform (Consolidation) Ordinance.
(2) A claim for damages for bereavement shall only be for the benefit of such of the following persons as survive the deceased for not less than 30 days-
(a) the wife or husband of the deceased, unless they had been living apart for a continuous period of at least 2 years immediately preceding the death of the deceased; or
(b) where there is no spouse by or for whom a claim can be made under paragraph (a), the children of the deceased; or
(c) where there is no person by or for whom a claim can be made under paragraph (a) or (b), the wife or husband of the deceased (notwithstanding that they had been living apart); or
2
CAP, 22]
Fatal Accidents
[1986 Ed.
Right of action for wrongful act causing death.
(cf. 1982 c. 53, s. 3.]
Bereavement. [cf. 1982 c. 53, s. 3.]
(Cap. 23.)
"wife" means-
(a) in the case of a Christian marriage or its civil equivalent,
the lawful wife; and
(b) in the case of any other lawful marriage--
(i) the lawful wife of such marriage; or
(ii) if there is more than one lawful wife, the lawful principal wife recognized as such by the personal law of the husband of such marriage, or if there is no lawful principal wife, the lawful wives so recognized.
(2) In deducing any relationship for the purposes of this Ordinance---
(a) an adopted person shall be treated as the child of the person or persons by whom he was adopted and not as the child of any other person; and, subject thereto;
(b) any relationship by affinity shall be treated as relationship by consanguinity, any relationship of the half-blood as a relationship of the whole blood, and the stepchild of any person as his child; and
(c) an illegitimate person shall be treated as the legitimate
child of his mother and reputed father.
3. If death is caused to any person ("the deceased") by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the deceased to maintain an action and recover damages in respect thereof, then subject to section 4(2) an action for damages may be brought for the benefit of the dependants of the deceased against the person who would have been liable in damages to the deceased in respect of that wrongful act, neglect or default.
4. (1) An action under this Ordinance may consist of or include a claim for damages for bereavement unless, by reason of the act, neglect or default referred to in section 3, any person has recovered, by action or otherwise, a sum in respect of loss of the deceased's society under section 20C(1) of the Law Amendment and Reform (Consolidation) Ordinance.
(2) A claim for damages for bereavement shall only be for the benefit of such of the following persons as survive the deceased for not less than 30 days-
(a) the wife or husband of the deceased, unless they had been living apart for a continuous period of at least 2 years immediately preceding the death of the deceased; or
(b) where there is no spouse by or for whom a claim can be made under paragraph (a), the children of the deceased; or (c) where there is no person by or for whom a claim can be made under paragraph (a) or (b), the wife or husband of the deceased (notwithstanding that they had been living apart); or
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