FATAL ACCIDENTS ORDINANCE, 1889
Title
FATAL ACCIDENTS ORDINANCE, 1889
Description
No. 3 of.1889.
To consolidate and amend the law relating to the Compensation
of the Families of Persons killed by Accidents arising from
Negligence. [18th January, 1889.]
1. The Fatal Accidents Ordinance, 1889.
2. In this Ordinance,-
[18th January, 1889.]
' Parent' includes fatherand mother, and grandfather and
grandmother, and and step-mother :
'Child' includes son and daughter, and grandson and grand-
daughter, and step-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.
(12) In every such action the jury, or, where the action is tried
without a jury, the Court, may give such damages as they or
it may think proportioned to the injury resulting from such death.
to the parties respectively for whom and for whose benefit such
action is brought; and the amount so recovered, after deducting
the costs not recovered from the defendant, shall be divided
amongst the before-mentioned parties in such shares as 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 in any of the cases intended
and provided for by this Ordinhnce, that there is no executor or
administrator of the person killed within the meaning of this Or
dinance, or that, there being such executor or administrator, no
such action as aforesaid has, within 6 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 been brought
by and in the name of such executor or administrator.
(2) Every such action shall be for the benefit of the same person,
or persons, and, shall be subject to the same regulations and pro-
cedure, 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 damages
are sought to be recovered.
7.-(1) If, in any such action is aforesaid, the defendant is ad-
vised to pay money into Court, it shall be sufficient if he pays it
as a compensation in one sum to all persons entitled under this
Ordinance far his wrongful act, neglect, or default, without specify-
ing 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 Judge 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 that one action shall lie for and in respect of the
same subject-matter of complaint; and every such action shall be
commenced within 12 months after the death of the person whose
death has been so caused as aforesaid.
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.] Beneficiaries may bring action if none brought by executor within 6 months. [27 & 28 Vict.c. 95 s. 1.] Plaintiff to give particular of persons for whom he sues. [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.]
To consolidate and amend the law relating to the Compensation
of the Families of Persons killed by Accidents arising from
Negligence. [18th January, 1889.]
1. The Fatal Accidents Ordinance, 1889.
2. In this Ordinance,-
[18th January, 1889.]
' Parent' includes fatherand mother, and grandfather and
grandmother, and and step-mother :
'Child' includes son and daughter, and grandson and grand-
daughter, and step-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.
(12) In every such action the jury, or, where the action is tried
without a jury, the Court, may give such damages as they or
it may think proportioned to the injury resulting from such death.
to the parties respectively for whom and for whose benefit such
action is brought; and the amount so recovered, after deducting
the costs not recovered from the defendant, shall be divided
amongst the before-mentioned parties in such shares as 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 in any of the cases intended
and provided for by this Ordinhnce, that there is no executor or
administrator of the person killed within the meaning of this Or
dinance, or that, there being such executor or administrator, no
such action as aforesaid has, within 6 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 been brought
by and in the name of such executor or administrator.
(2) Every such action shall be for the benefit of the same person,
or persons, and, shall be subject to the same regulations and pro-
cedure, 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 damages
are sought to be recovered.
7.-(1) If, in any such action is aforesaid, the defendant is ad-
vised to pay money into Court, it shall be sufficient if he pays it
as a compensation in one sum to all persons entitled under this
Ordinance far his wrongful act, neglect, or default, without specify-
ing 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 Judge 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 that one action shall lie for and in respect of the
same subject-matter of complaint; and every such action shall be
commenced within 12 months after the death of the person whose
death has been so caused as aforesaid.
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.] Beneficiaries may bring action if none brought by executor within 6 months. [27 & 28 Vict.c. 95 s. 1.] Plaintiff to give particular of persons for whom he sues. [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
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.] Beneficiaries may bring action if none brought by executor within 6 months. [27 & 28 Vict.c. 95 s. 1.] Plaintiff to give particular of persons for whom he sues. [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/843
Edition
1912
Volume
v1
Subsequent Cap No.
22
Cap / Ordinance No.
No. 3 of 1889
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“FATAL ACCIDENTS ORDINANCE, 1889,” Historical Laws of Hong Kong Online, accessed January 22, 2025, https://oelawhk.lib.hku.hk/items/show/843.
