DEATHS BY NEGLIGENCE ORDINANCE

DEATHS BY NEGLIGENCE ORDINANCE

ORDINANCE No: 10- of isro.

No.-10 of 1870,

An Ordinance for compensating the rainilies of Persons killed by Title.
accidents arising from Negligence.

[19th August, 187U.]

AV it is expedient to extend to this Colony the provisions of an Act of
the `rreat>ible.
Imperial Parliament passed in the ninth and tenth years of the reign of
Her
Majesty Queen Victoria entitled 'An A.ut for compensating the Families of
Persons top.fs']

billed by Accidents:' Be it enacted by the Governor of Hongkong, with the
advice of .
the Legislative Council thereof, as follows:-
-

1. In the interpretation bf this Ordinance the word 'Parent' shall
include father I interpretation
and mother, and grand-father and grand-mother, and step-father and
step-mother;
and the word °' Child' shall include son and daughter, and grandson and
granddaughter,

and step-son and step-daughter.

Q. Whensoever the death of a person shall be caused by any wrongful act,
neglect,
or default, and the act, neglect, or default is such as would (if death
had not ensued)
have entitled the party injured to maintain an action and recover damages
in respect
thereof, then and in every such case the person who would have been
liable if death

had not ensued, shall be liable to an action for damages notwithstanding
the death of
the person injured, and although the death shall have been caused under
such circun,
stances as amount in law to felony:

Action may be
t,rought against

person causing
donththrough
neglect,, &e,

3. Every such action shall be for the. benefit-.of the wife, husband,
parent, auil aotlou:pba~ ''of,~

Q0.'

uenrsa~ o~

-child of the person whose death shall have-been-so caused and. shall
~b~:'br~ouglit-.:1e!~es°e~s

~xidto

b and in the came of the executor or administrator of the person
deceased; and in. u8 btopgbt by . <

y ~ ~ , ,hts executor or

every such action the jury, or where the action is tried without a jury,
the Court, may administrator.
give such damages as they may think proportioned to the injury resulting,
froth such

death, to the parties respectively for whom and for whose benefit such
actions shall be.
brought; *and the amount- so recovered, after deducting the costs not,
recovered from
the defendant, shall be divided amongst the. beforementioned parties iri
such shares as
the jury by their verdict shall find, or the: Court, if the case be tried
without a jury,'

shall direct.

4. Not more than one action shall He for r nd in respect of-the same
subject, matter
of complaint; and every, such action shall be comtilenced within twelve
calendar.

months after the death of such deceased person.

5. In every such action the plaintiff on the record shall be required,
together
with the declaration, to deliver to the defendant or his attorney a full
particular of the
person or persons for whom and on whose behalf such action shall be
brought and of
the nature of the claim in respect of which damages shall be sought to be
recovered.

(Repealed by Ordinance No. 8 of 1889.1

Only one:actioa
shall lie, and, , .
roust be
commenced
within r.
months.

Plaintiff to
deliver fall
particulars of the
person on whose
behalf action

brought. -,
1061
Title.
Preamble.
[C. p. 93.]
Interpretation clause.
Action may be brought against person causing death through neglect, &c.
Action to be for benefit of relations of deceased and to be brought by his executor or administrator.
Only one action shall lie, and must be commenced within 12 months.
Plaintiff to deliver full particulars of the person on whose behalf action brought.

1061
Title.
Preamble.
[C. p. 93.]
Interpretation clause.
Action may be brought against person causing death through neglect, &c.
Action to be for benefit of relations of deceased and to be brought by his executor or administrator.
Only one action shall lie, and must be commenced within 12 months.
Plaintiff to deliver full particulars of the person on whose behalf action brought.

https://oelawhk.lib.hku.hk/items/show/279

1890

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No. 10 of 1870

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