Law Amendment and Reform (Consolidation) Ordinance

(1)
Where injury is caused to any person by any wrongful act, neglect or default which entitles him to maintain an action and recover damages, and which causes any person referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) to be deprived of his society, the person who is liable to such an action shall, subject to subsection (3), also be liable in damages for the loss of the injured person’s society suffered by such of the following persons as survive 30 days after the date on which the cause of action
accrued—
(a)
the husband or wife of the injured person, unless they had been living apart for a continuous period of at least 2 years immediately before the date on which the cause of action accrued; or
(b)
where there is no spouse entitled to recover damages under paragraph (a), any children of the injured person; or
(c)
where there is no person by or for whom a claim can be made under paragraph (a) or (b), any concubine taken by the injured person before 7 October 1971; or
(d)
where there is no person by or for whom a claim can be made under paragraph (a), (b) or (c), any person
who—
(i)
was living with the injured person in the same household immediately before the date on which the cause of action accrued; and
(ii)
had been living with the injured person in the same household for at least 2 years before that date,
as the husband or wife of the injured person; or
(e)
where there is no person by or for whom a claim can be made under paragraph (a), (b), (c) or (d), the parents of the injured person or (if the injured person was illegitimate) his mother; or
(f)
where there is no person by or for whom a claim can be made under paragraph
                    (a), (b), (c), (d) or (e), but the injured person was at the date on which the
                    cause of action accrued a minor, any person who during any marriage to which
                    that person was a party treated the injured person as a son or daughter of the
                    family in relation to that marriage; or
(Amended
L.N. 307 of
                        1998
)
(g)
where there is no other person by or for whom a claim can be made under
                    this subsection, any brother or sister of the injured person.
(Amended
18 of 2014 s. 153
)
(2)
The total sum awarded as damages under subsection (1) in respect of any injured
person—
(a)
shall not exceed the sum specified in
section 4(3)
of the Fatal Accidents Ordinance (
Cap. 22
); and
(b)
shall, where there are 2 or more claimants, be divided equally between them.
(3)
Damages shall not be payable by virtue of subsection (1) if the injured person dies as a result of the act, neglect or default referred to in that subsection and his death gives rise to a right to claim damages for bereavement under
section 4
of the Fatal Accidents Ordinance (
Cap. 22
).
(4)
Where injury is caused to any person by any wrongful act, neglect or default which entitles him to maintain an action and recover damages in respect thereof and which causes any dependant of the injured person to be deprived of his gratuitous services, the action may include a claim for damages by the injured person for impairment of his ability to render such services.
(5)
In this
section—
child
(
子女
) of an injured person
includes—
(a)
a child adopted by him in pursuance either of an adoption order made under the Adoption Ordinance (
Cap. 290
) or of any other adoption recognized as valid by the law of Hong Kong; and
(b)
a person who, during any marriage to which the injured person was at any time a party, was treated by him as a son or daughter of the family in relation to that marriage;
dependant
(
受養人
), in relation to an injured person,
means—
(a)
the wife, husband, former wife or former husband of the injured person and any person whose marriage to the injured person has been annulled or declared void;
(b)
a concubine lawfully taken by the injured person before 7 October 1971;
(Amended
18 of 2014 s. 153
)
(c)
any person
who—
(i)
was living with the injured person in the same household immediately before the date of his injury; and
(ii)
had been living with the injured person in the same household for at least 2 years before that date,
as the husband or wife of the injured person;
(d)
any parent or other ascendant of the injured person;
(e)
any person (not being a parent of the injured person) who, during any marriage to which that person was a party, treated the injured person as a son or daughter of the family in relation to that marriage;
(f)
any child or other descendant of the injured person;
(g)
any person (not being a child of the injured person) who, during any marriage to which the injured person was at any time a party, was treated by the injured person as a son or daughter of the family in relation to that marriage;
(h)
any person who is, or is the issue of, a brother, sister, uncle or aunt of the injured person;
(i)
any person who is, or is the issue of, a brother or sister of a grandparent of the injured person;
(j)
any godchild or godparent of the injured person according to Chinese custom;
injury
(
傷害
) includes any disease and any impairment
                of a person’s physical or mental condition;
parent
(
父母
) includes any person who, during any
                marriage to which that person was a party, treated the injured person as a son or
                daughter of the family in relation to that marriage;
wife
(
妻子
) has the same meaning as in the Fatal
                Accidents Ordinance (
Cap.
                    22
),
and in deducing any relationship for the purposes of this
                    section,
section 2(2)
of the Fatal Accidents Ordinance (
Cap. 22
) shall apply as it applies for the purposes
                    of that Ordinance.