COMPENSATION TO FAMILIES ORDINANCE, 1889
Title
COMPENSATION TO FAMILIES ORDINANCE, 1889
Description
ORDINANCE No. 3 OF 1889.
Compensation to Families
AN ORDINANCE ro consolidate and amend the Law relating to
the Compensation of the Families of Persons killed by Acci-
dents arising from Negligence.
[18 th January,1889.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislation Council thereof,as follows:-
1.This Ordinance may be cited as the Compensation to Families
Ordinance,1889.
2.In this Ordinance-
'Parent' includes father and monther and grandfather and grand-
mother ,and step-father and step-mother;
'Child' includes son and daughter,and grandson and grand-
daughter,and strp-son and step-daughter.
3.Whenever the death of a person is 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 person 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 may have been caused under
such circumstances as amount in law to felony.
4.-(1.)Every such action shall be for the benefit of the wife,
husband,parent,and child of the person whose death has been so
caused,and shall,except as hereinafter provided,be brought by and in
the name of the executor or administrator of the deceased person.
(2.)In every such action the jury,or,where the action is tried with-
out a jury ,the Court,may give such damges as they or it may think
proportioned to the injury resulting from such death to the parties re-
spectively for whom and for whose benefit such action is brought;and
the amount so recovered,after deducting the costs not recovered from
te defendant,shall be divided amongst the beforementioned parties in
such shares ad the jury by their verdict may find or the Court,if the
case is tried without a jury,may direct.
5.-(1.)If and so often as it happens at any time ort times hereafter,
in any of the case s intended and provided for by this Ordinance,that
there is no executor or administrator of the person killed within the
meaning of this Ordinance or that,there being such executor or ad-
ministrator,no such action as aforesaid has,within six months after the
death of the person whose death has been so caused as aforesaid.been
brought by and in the name of his executor or administrator.then and
in every such case such action may be brought by and in the name or
names of all or any of the persons (if more than one) for whose benefit
such action would have been,if it had brought by and in the name
of such executor or administrator.
(2.)Every such action so to be brought shall be for the benefit of the
same perosn,or perosns,and shall be subject to the same regulations and
procedure,as nearly as may be,as if it had been brought by and in the
name of such executor or administrator.
6.In every such action the plaintiff on the record shall be required,
on taking out the writ of summons in such action ,to deliver to the
defendant or his solicitor a full particular of the person or persons for
whom and on whose behalf such action is brought and of the nature of
the claim in respect of which demages are sought to be recovered.
7.-(1.)If,in any such action as aforesaid,the defendant is advised
to pay money into Court,it shall be sufficient if he pays it as a compen-
sation in one sum to all persons entitled under this Ordinance for his
wrongful act,neglect,or default,without specifying the shares into
which it is to be divided by the jury,if any,or by the Court,if there is
no jury.
(2.)If the said sum is accepted in full satisfaction of the plaintiff's
claim,the Court or a Judge thereof shall have power,either at the trial
or on a summons for that purpose,to apportion the same amongst the
parties,if more than one,entitled thereto.
(3.)If the said sum is not accepted,and an issue is taken by the
plaintiff as to its sufficiency,and the jury or Court,as the case may be,
think or thinks the same sufficient,the defendant shall be entitled to the
verdict or judgment upon that issue.
8.Not more than one action shall lie for and in respect of the same
subject-matter of complaint;and every such action shall be commenced
within twelve months after the death of the person whose death has been
so caused as aforesaid.
A.D. 1889. Ordinance No. 3 of 1889. Short title. Interpretation of terms. 9 & 10 Vict.c. 93 s.5. Right of action against person causing death by wrongful act, etc. Ib.s.1. Action to be for benefit of relations of deceased person. Ib.s.2. Right of beneficiaries to bring action if no action brought by executors within six months after death of deceased person. 27 & 28 Vict.c. 95 s.1. Delivery by plaintiff of particular of persons on whose behalf action is brought. 9 & 10 Vict.c. 93 s.4. Money may be paid into Court as one sum. 27 & 28 Vict.c. 95 s.2. Limitation of action. 9 & 10 Vict.c. 93 s. 3.
Compensation to Families
AN ORDINANCE ro consolidate and amend the Law relating to
the Compensation of the Families of Persons killed by Acci-
dents arising from Negligence.
[18 th January,1889.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislation Council thereof,as follows:-
1.This Ordinance may be cited as the Compensation to Families
Ordinance,1889.
2.In this Ordinance-
'Parent' includes father and monther and grandfather and grand-
mother ,and step-father and step-mother;
'Child' includes son and daughter,and grandson and grand-
daughter,and strp-son and step-daughter.
3.Whenever the death of a person is 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 person 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 may have been caused under
such circumstances as amount in law to felony.
4.-(1.)Every such action shall be for the benefit of the wife,
husband,parent,and child of the person whose death has been so
caused,and shall,except as hereinafter provided,be brought by and in
the name of the executor or administrator of the deceased person.
(2.)In every such action the jury,or,where the action is tried with-
out a jury ,the Court,may give such damges as they or it may think
proportioned to the injury resulting from such death to the parties re-
spectively for whom and for whose benefit such action is brought;and
the amount so recovered,after deducting the costs not recovered from
te defendant,shall be divided amongst the beforementioned parties in
such shares ad the jury by their verdict may find or the Court,if the
case is tried without a jury,may direct.
5.-(1.)If and so often as it happens at any time ort times hereafter,
in any of the case s intended and provided for by this Ordinance,that
there is no executor or administrator of the person killed within the
meaning of this Ordinance or that,there being such executor or ad-
ministrator,no such action as aforesaid has,within six months after the
death of the person whose death has been so caused as aforesaid.been
brought by and in the name of his executor or administrator.then and
in every such case such action may be brought by and in the name or
names of all or any of the persons (if more than one) for whose benefit
such action would have been,if it had brought by and in the name
of such executor or administrator.
(2.)Every such action so to be brought shall be for the benefit of the
same perosn,or perosns,and shall be subject to the same regulations and
procedure,as nearly as may be,as if it had been brought by and in the
name of such executor or administrator.
6.In every such action the plaintiff on the record shall be required,
on taking out the writ of summons in such action ,to deliver to the
defendant or his solicitor a full particular of the person or persons for
whom and on whose behalf such action is brought and of the nature of
the claim in respect of which demages are sought to be recovered.
7.-(1.)If,in any such action as aforesaid,the defendant is advised
to pay money into Court,it shall be sufficient if he pays it as a compen-
sation in one sum to all persons entitled under this Ordinance for his
wrongful act,neglect,or default,without specifying the shares into
which it is to be divided by the jury,if any,or by the Court,if there is
no jury.
(2.)If the said sum is accepted in full satisfaction of the plaintiff's
claim,the Court or a Judge thereof shall have power,either at the trial
or on a summons for that purpose,to apportion the same amongst the
parties,if more than one,entitled thereto.
(3.)If the said sum is not accepted,and an issue is taken by the
plaintiff as to its sufficiency,and the jury or Court,as the case may be,
think or thinks the same sufficient,the defendant shall be entitled to the
verdict or judgment upon that issue.
8.Not more than one action shall lie for and in respect of the same
subject-matter of complaint;and every such action shall be commenced
within twelve months after the death of the person whose death has been
so caused as aforesaid.
A.D. 1889. Ordinance No. 3 of 1889. Short title. Interpretation of terms. 9 & 10 Vict.c. 93 s.5. Right of action against person causing death by wrongful act, etc. Ib.s.1. Action to be for benefit of relations of deceased person. Ib.s.2. Right of beneficiaries to bring action if no action brought by executors within six months after death of deceased person. 27 & 28 Vict.c. 95 s.1. Delivery by plaintiff of particular of persons on whose behalf action is brought. 9 & 10 Vict.c. 93 s.4. Money may be paid into Court as one sum. 27 & 28 Vict.c. 95 s.2. Limitation of action. 9 & 10 Vict.c. 93 s. 3.
Abstract
A.D. 1889. Ordinance No. 3 of 1889. Short title. Interpretation of terms. 9 & 10 Vict.c. 93 s.5. Right of action against person causing death by wrongful act, etc. Ib.s.1. Action to be for benefit of relations of deceased person. Ib.s.2. Right of beneficiaries to bring action if no action brought by executors within six months after death of deceased person. 27 & 28 Vict.c. 95 s.1. Delivery by plaintiff of particular of persons on whose behalf action is brought. 9 & 10 Vict.c. 93 s.4. Money may be paid into Court as one sum. 27 & 28 Vict.c. 95 s.2. Limitation of action. 9 & 10 Vict.c. 93 s. 3.
Identifier
https://oelawhk.lib.hku.hk/items/show/646
Edition
1901
Volume
v1
Subsequent Cap No.
22
Cap / Ordinance No.
No. 3 of 1889
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“COMPENSATION TO FAMILIES ORDINANCE, 1889,” Historical Laws of Hong Kong Online, accessed April 21, 2025, https://oelawhk.lib.hku.hk/items/show/646.
