LAW REFORM (MISCELLANEOUS AMENDMENTS) ORDINANCE

LAW REFORM (MISCELLANEOUS AMENDMENTS) ORDINANCE

LAWS OF HONG KONG

LAW REFORM (MISCELLANEOUS AMENDMENTS)

ORDINANCE

CHAPTER 350





CHAPTER 350

LAW REFORM (MISCELLANEOUS AMENDMENTS)

To make provision for interim payments andfor conferring powers
exercisable by the courts before the commencement of an action,
to makefurther provision with respect to interest on damages, and
to amend the law relating to the limitation of actions.

[18 December 1970.]

1. (1) This Ordinance may be cited as the Law Reform
(Miscellaneous Amendments) Ordinance.

(2) Items 1 and 4 of the Schedule shall not come into operation
until such date as the Governor may appoint by notice in the Gazette;
and different days may be so appointed for different provisions of
those items and for different purposes.

2. The Ordinances specified in the second column of the Schedule
are amended to the extent and in the manner set out in the third column
of the Schedule.

3. The following provisions shall have effect in respect of items 2
and 3 of the Schedule

(a)the time for bringing proceedings in respect of a cause of
action which arose before the commencement of this
Ordinance shall, if it has not then already expired, expire at the
time when it would have expired if those items had at all
material times been in force;

(b)the amendment effected by item 3 shall, in the case of a
person dying after the commencement of this Ordinance,
apply as well in relation to causes of action arising before, as
in relation to causes of action arising after, the
commencement thereof.,

(c)save as provided in paragraphs (a) and (b), nothing in item 2
or 3 shall affect any action or proceeding if the cause of
action arose before the commencement thereof.

SCHEDULE [s. 2.]

Item Ordinance Amendment

1* Supreme Court 1 Section 48 is amended by inserting after subsec-
Ordinance. tion (3) the following new subsections-

1969 c. 58, (4) Where in any such proceedings
s. 21 as are mentioned in subsection (1) judg-
ment is given for a sum which (apart from
interest on damages) exceeds three thou-
sand dollars and represents or includes
damages in respect of personal injuries to
the plaintiff or any other person, or in





Item Ordinance Amendment

respect of a person's death, then (without
prejudice to the exercise of the power con-
ferred by that subsection in relation to any
part of that sum which does not represent
such damages) the court shall exercise that
power so as to include in that sum interest
on those damages or on such part of them
as the court considers appropriate, unless
the court is satisfied that there are special
reasons why no interest should be given in
respect of those damages.
(5) Any order under this section may
provide for interest to be calculated at
different rates in respect of different parts
of the period for which interest is given,
whether that period is the whole or part of
the period mentioned in subsection (1).
(6) For the avoidance of doubt it is
hereby declared that in determining, for
the purposes of any enactment contained
(Cap. 336. ) in Part IV of the District Court Ordinance,
whether an amount exceeds, or is less than,
a sum specified in that Part, no account
shall be taken of any power exercisable by
virtue of this section or of any order made
in the exercise of such a power.
(7) In this section-
'personal injuries' includes any disease
and any impairment of a person's
physical or mental condition.'.

2. [Amendments Incorporated]

3. [Amendment Incorporated]
(Amended, 92 of 19 75. s.
58)

2. Fatal Accidents 1, f 1954 c. 36. Section 8 is amended by deleting
Ordinance. s. ] -twelve months' and substituting the
following-
years'.
3. Law Reform [cf. 1954 c. 36, Section 2 is amended in paragraph (b)
(Miscellaneous ss. 4. 8(3).] of subsection (3) by deleting *'the cause of
Provisions) action arose not earlier than six months
Ordinance.* before his death amd

4.* District Court L** Section 49 is amended by inserting after subsec-
Ordinance. tion (3) the following new subsections-

---1969 c. 58. (4) Where in any such proceedings
s. 22. as are mentioned in subsection (1) judg-
ment is given for a sum which (apart from
interest on damages) exceeds three thou-
sand dollars and represents or includes
damages in respect of personal injuries to
the plaintiff or any other person, or in
respect of a person's death, then (without
prejudice to the exercise ofthe power con-
ferred by that subsection in relation to any

* This Ordinance has been consolidated into the Law Reform and Amendment
(Consolidation) Ordinance, Cap. 23, in the 1971 annual revision. Section 2
has now become section 20 in the Consolidation Ordinance.







Sections in this item have been re-numbered because of the consolidation of
the District Court Ordinance and the District Court (Civil Jurisdiction and
Procedure) Ordinance in the 1972 annual revision.





Amendment

part of that sum which does not represent
such damages) the Court shall exercise
that power so as to include in that sum
interest on those damages or on such part
of them as the Court considers
appropriate, unless the Court is satisfied
that there are special reasons why no
interest should be given in respect of
those damages.

(5) Any order under this section may
provide for interest to be calculated at
difrerent rates in respect of different
parts of the period for which interest is
given, whether that period is the whole or
part of the period mentioned in
subsection (1).

(6) For the avoidance of doubt it is
hereby declared that in determining for
the purposes of any enactment contained
in Part IV. whether an amount exceeds,
or is less than. a sum specified in that
Part, no account shall be taken of any
power exercisable by virtue of this
section or of any order made in the
exercise of such a power.

(7) In this section

---personalinjuries' includes any disease
and any impairment of a person's
physical or mental conditicin.-.

2. The following new sections are added after
section 5O

Powers of50A. (1) On the application of any
Courtperson in accordance with rules, the Court
exercisable
beforeshall, in such circumstances as may be

commencement specified in the rules, have power to make

of action. an order providing for any one or more of

1969 c. 58, s. 21. the following matters-

(a)the inspection, photographing,
preservation. custody and
detention of property which
appears to the Court to be
property which may become the
subject matter of subsequent
proceedings in the Court, or as to
which any question may arise in
any such proceedings; and

(b)the taking of samples of any such
property as is mentioned in
paragraph (a) and the carrying
out of any experiment on or with
any such property.







(2) The power to make civil
procedure rules under section 72 shall
include power to make rules as to the
manner in which an application for such
an order can be made, and as to the
circumstances in which such an order can
be made; and any such rules may include
such incidental, supplementary and
consequential provisions as the authority
making the rules may consider necessary
or expedient.

(3) In this section-

'property' includes any land, chattel or
other corporeal property of any
description.





Amendment

Power of CourtSOB. On the application, in accord-
to orderance with rules, of a person who appears
disclosure. etc.to the Court to be likely to be a party
of documents
beforeto subsequent proceedings in that court
commencement in which a claim in respect of personal
of proceedings.injuries to a person or in respect of a
1970 c. 31, s. 31. person's death is likely to be made, the
Court shall, in such circumstances as may
be specified in the rules, have power to
order a person who appears to the Court
to be likely to be a party to the proceedings
and to be likely to have or to have had
in his possession, custody or power any
documents which are relevant to an issue
arising or likely to arise out of that claim-
(a) to disclose whether those docu-
ments are in his possession, cus-
tody or power; and
(b) to produce to the applicant such
of those documents as are in his
possession, custody or power.
Extension of50C. (1) On the application, in

powers of Court accordance with rules, of a party to any

to orderproceedings in which a claim in respect of
disclosure ofto a person or in respect
documents. personal injuries
inspection ofof a person's death is made, the Court
property, etc.shall, in such circumstances as may be
1970 c. 3 1. s. 32. specified in the rules, have power to order
a person who is not a party to the proceed-
ings and who appears to the Court to be
likely to have or to have had in his posses-
sion, custody or power any documents
which are relevant to an issue arising out
of that claim-
(a) to disclose whether those docu-
ments are in his possession, cus-
tody or power; and
(b) to produce to the applicant such
of those documents as are in his
possession, custody or power.
(2) On the application, in accord-
ance with rules, of a party to any such
proceedings as are referred to in subsec-
tion (1), the Court shall, in such circum-
stances as may be specified in the rules,
have power to make an order providing
for any one or more of the following
matters-
(a) the inspection, photographing,
preservations, custody and deten-
tion of property which is not the
property of, or in the possession
of, any party to the proceedings
but which is the subject matter of
the proceedings or as to which
any question arises in the pro-
ceedings;
(b) the taking of samples of any such
property as is mentioned in para-






graph (a) and the carrying out of
any experiment on or with any
such property.





Amendment

(3) Subsections (1) and (2) are
without prejudice to the exercise by the
Court of any power to make orders which
is exercisable apart from those
provisions.

(4) In this section

'property' includes any land, chattel or
other corporeal property of any
description.

Provisions SOD. (1) The power to'make civil
supplementaryprocedure rules under section 72 shall in-
to sections SOB
and 50C.clude power to make rules as to the cir-
1970 c. 31, s. 33.cumstances in which an order under sec-
tion 50B or 50C can be made; and any
such rules may include such incidental,
supplementary and consequential provi-
sions as the authority making the rules
may consider necessary or expedient.
(2) Without prejudice to the gener-
ality of subsection (1), civil procedure rules
shall or may be made under section 72 for
the purpose of ensuring that the costs of
and incidental to proceedings for an order
under section 50B or 50C incurred by the
person against whom the order is sought
shall be awarded to that person unless the
Court otherwise directs.
(3) In sections 5013, 50C and 50E-
'personal injuries- includes any disease
and any impairment of a person's
physical or mental condition.
Application to 50E (1) Section 50A shall bind the
Crown ofCrown so far as it relates to property
sections 50 to
SOD. (within the meaning of that section) as to
1970 c. 3 1, s. 35.which it appears to the court that it may
become the subject matter of subsequent
proceedings involving a claim in respect of
personal injuries to a person or in respect
of a person's death.
(2) Sections 50B 50C and 50D shall
bind the Crown,
(3) A Court shall not make an order
under section 50A, 50B or 50C if it con-
siders that compliance with the order, if
made, would be likely to be injurious to
the public interest.-.

3. The following new section is added after section
72

-orders for 72A. (1) The power to make civil
interim procedure rules under section 72 shall in-
payment.
1969 c. 58, s. 20.clude power by any such rules to make
provision for enabling the Court in which
any proceedings are pending, in such cir-
cumstances as may be specified in the
rules, to make an order requiring a party






to the proceedings to make an interim
payment of such amount as may be
specified in the order, either by payment
into court or (if the order so provides)
by paying it to another party to the pro-
.ceedings.





Amendment

(2) Where any such rules make
provision in accordance with subsection
(1), the rules may include provision for
enabling a party to any proceedings who,
in pursuance of such an order, has made
an interim payment to recover the whole
or part of the amount of the payment in
such circumstances, and from such other
party to the proceedings, as may be
determined in accordance with the rules.

(3) Any rules made by virtue of this
section may include such incidental,
supplementary and consequential
provisions as the authority making the
rules may consider necessary or
expedient.

(4) Nothing in this section shall be
construed as affecting the exercise of any
power relating to costs, including any
power to make rules relating to costs.

(5) In this section-

(a)-interim paymenC, in relation to
a party to any proceedings,
means a payment on account of
any damages, debt or other sum
(excluding any costs) which that
party may he held liable to pay
to or for the benefit of another
party to the proceedings if a final
judgment or order of the Court in
the proceedings is given or made
in favour of that other party; and

(b)any reference to a party to any
proceedings includes a reference
to any person who for the
purposes of the proceedings acts
as next friend or guardian of a
party to the proceedings.

1969 58 (6) This section shall bind the Crown
34(3). so far as (but no further than) any pro-
ceedings to which the section is applicable
can be brought by or against the Crown in
(Cap. 300.) accordance with the Crown Proceedings
Ordinance.---.
Originally 100 of 1970. L.N. 76/71. L.N. 257/72. 92 of 1975. L.N. 80/77. Short title, and commencement of items 1 and 4 of Schedule. [cf. 1970 c. 31, s. 54(4).] Amendment of specified Ordinances. Schedule. Transitional provisions. 1954 c. 36, s. 7. (Cap. 4.) [*In operation on 15.4.77-see L.N. 80/77.] (Cap. 22.) (Cap. 271.) (Cap. 336.) [*In operation on 15.4.77-see L.N. 80/77.]

Originally 100 of 1970. L.N. 76/71. L.N. 257/72. 92 of 1975. L.N. 80/77. Short title, and commencement of items 1 and 4 of Schedule. [cf. 1970 c. 31, s. 54(4).] Amendment of specified Ordinances. Schedule. Transitional provisions. 1954 c. 36, s. 7. (Cap. 4.) [*In operation on 15.4.77-see L.N. 80/77.] (Cap. 22.) (Cap. 271.) (Cap. 336.) [*In operation on 15.4.77-see L.N. 80/77.]

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