Law Amendment and Reform (Consolidation) Ordinance

(1)
Subject to the provisions of this section, on the death of any person after 26 October 1951, all causes of action subsisting against or vested in him shall survive against, or, as the case may be, for the benefit of, his
estate:
Provided that this subsection shall not apply to causes of action for defamation or seduction or for inducing one spouse to leave or remain apart from the other or to claims for damages on the ground of adultery.
(1A)
The right of a person to claim under
section 4
of the Fatal Accidents Ordinance (
Cap. 22
) (for bereavement) or under
section 20C(1)
of this Ordinance (for loss of society) shall not survive for the benefit of his estate on his death.
(Added
40 of 1986 s. 2
)
(2)
Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that
person—
(a)
shall not include any exemplary damages;
(b)
shall, where the death of that person has been caused by the act or omission which gives rise to the cause of
action—
(i)
be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included;
(ii)
not include any damages in respect of loss of ability to render services after his death;
(iii)
not include any damages for loss of property, whether income or otherwise, in respect of any period after his death, except in so far as the court is satisfied that, but for the act or omission that gave rise to the cause of action, the deceased would have achieved an accumulation of wealth by the time that he would otherwise have died, in which case damages may be awarded in respect of the loss of that
wealth:
Provided that damages awarded under this sub-paragraph shall be subject to such deduction as the court considers it just to make in the circumstances of any particular case on account of the accelerated receipt of that wealth and in order to avoid over-compensation.
(Replaced
40 of 1986 s. 2
)
(3)
(Repealed
52 of 1987 s. 45
)
(4)
Where damage has been suffered by reason of any act or omission in respect of which a cause of action would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this section and
sections 21
and
22
, to have been subsisting against him before his death such cause of action in respect of that act or omission as would have subsisted if he had died after the damage was suffered.
(5)
The rights conferred by this section and
sections 21
and
22
for the benefit of the estates of deceased persons shall be in addition to and not in derogation of any rights conferred on the dependants of deceased persons by the Fatal Accidents Ordinance (
Cap. 22
) and so much of this section and
sections 21
and
22
as relates to causes of action against the estates of deceased persons shall apply in relation to causes of action under the said Ordinance as it applies in relation to other causes of action not expressly excepted from the operation of subsection (1).
(6)
In the event of the insolvency of an estate against which proceedings are maintainable by virtue of this section, any liability in respect of the cause of action in respect of which the proceedings are maintainable shall be deemed to be a debt provable in the administration of the estate, notwithstanding that it is a demand in the nature of unliquidated damages arising otherwise than by a contract, promise or breach of trust.