FATAL ACCIDENTS ORDINANCE

FATAL ACCIDENTS ORDINANCE

LAWS OF HONG KONG

FATAL ACCIDENTS ORDINANCE

CHAPTER 22





CHAPTER 22

FATAL ACCIDENTS

Torepeal and replace existing provision for the compensation of
dependants of persons killed as a result of tortious acts.

[1 November 1986.]

1. This Ordinance may be cited as the Fatal Accidents Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'adopted' means adopted in pursuance of an adoption order made
under the Adoption Ordinance or of any adoption recognized as
valid by the law of Hong Kong;

'dependant', in relation to a deceased person, means

(a)the wife, husband, former wife or former husband of the
deceased and any person whose marriage to the deceased has
been annulled or declared void;

(b)a concubine lawfully taken by the deceased before 7 October
1971;

(c)any person who-

(i) was living with the deceased in the same household
immediately before the date of his death; and

(ii) had been living with the deceased in the same
household for at least 2 years before that date,

as the husband or wife of the deceased;

(d)any parent or other ascendant of the deceased;

(e)any person (not being a parent of the deceased) 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;

any child or other descendant of the deceased;

(g)any person (not being a child of the deceased) who, during
any marriage to which the deceased was at any time a party,
was treated by the deceased 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 deceased;

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

(j)any godchild or godparent of the deceased according to
Chinese custom;





'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

(e)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(I) 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

(e)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





(d)where there is no person by or for whom a claim can be made
under paragraph (a), (b) or (c), any concubine taken by the
deceased before 7 October 1971; or

(e)where there is no person by or for whom a claim can be made
under paragraph (a), (b), (c) or (d), any person who

(i) was living with the deceased in the same household
immediately before the date of his death; and

(ii) had been living with the deceased in the same
household for at least 2 years before that date,

as the husband or wife of the deceased; or

where there is no person by or for whom a claim can be made
under paragraph (a), (b), (c), (d) or (e), the parents of the
deceased or (if the deceased was illegitimate) his mother; or

(g)where there is no person by or for whom a claim can be made
under paragraph (a), (b), (c), (d), (e) or (f), 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.

7. In assessing damages in respect of a person's death in an action
under this Ordinance or under the Carriage by Air (Overseas Territories)
Order 1967, benefits which have accrued or will or may accrue to any
person from his estate or otherwise as a result of his death shall be
disregarded.
Originally 41 of 1986. L.N. 260/86. Short title. Interpretation. (Cap. 290.) Right of action for wrongful act causing death. [cf. 1982 c. 53, s. 3.] Bereavement. [cf. 1982 c. 53, s. 3.] (Cap. 23.) Persons entitled to bring the action. [cf. 1982 c. 53, s. 3.] Assessment of damages. [cf. 1982 c. 53, s. 3.] (App. III, p. CG.) Assessment of damages; disregard of benefits. [cf. 1982 c. 53, s. 3.] (App. III, p. CG.)

Originally 41 of 1986. L.N. 260/86. Short title. Interpretation. (Cap. 290.) Right of action for wrongful act causing death. [cf. 1982 c. 53, s. 3.] Bereavement. [cf. 1982 c. 53, s. 3.] (Cap. 23.) Persons entitled to bring the action. [cf. 1982 c. 53, s. 3.] Assessment of damages. [cf. 1982 c. 53, s. 3.] (App. III, p. CG.) Assessment of damages; disregard of benefits. [cf. 1982 c. 53, s. 3.] (App. III, p. CG.)

https://oelawhk.lib.hku.hk/items/show/2251

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