Law Amendment and Reform (Consolidation) Ordinance

(1)
Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the
damage:
(Amended
L.N. 337 of 1989
)
Provided
that—
(a)
this subsection shall not operate to defeat any defence arising under a contract;
(b)
where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the claimant by virtue of this subsection shall not exceed the maximum limit so applicable.
(2)
Where damages are recoverable by any person by virtue of subsection (1) subject to such reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant had not been at fault.
(3)
The Civil Liability (Contribution) Ordinance (
Cap. 377
) shall apply in any case where 2 or more persons are liable or would, if they had all been sued, be liable by virtue of subsection (1) in respect of the damage suffered by any person.
(Amended
77 of 1984 s. 10
)
(4)
Where any person dies as the result partly of his own fault and partly of the fault of any other person or persons, and accordingly if an action were brought for the benefit of the estate under
section 20
the damages recoverable would be reduced under subsection (1), any damages recoverable in an action under the Fatal Accidents Ordinance (
Cap. 22
) shall be reduced to a proportionate extent.
(Amended
40 of 1986 s. 4
)
(4A)
Where an action is brought under
section 20C
for the loss of the society of another in circumstances where any damages recoverable by that other in proceedings brought by him would be reduced under subsection (1) of this section, any damages awarded for such loss shall be reduced to a proportionate extent.
(Added
40 of 1986 s. 4
)
(5)
Where, in any case to which subsection (1) applies, one of the persons at fault avoids liability to any other such person or his personal representative by pleading any enactment limiting the time within which proceedings may be taken, he shall not be entitled to recover any damages from that other person or representative by virtue of the said subsection.
(Amended
77 of 1984 s. 10
)
(6)
Where any case to which subsection (1) applies is tried with a jury, the jury shall determine the total damages which would have been recoverable if the claimant had not been at fault and the extent to which those damages are to be reduced.
(7)
Article 21 of the Convention contained in the
First Schedule
to the Carriage by Air Act 1932 (1932 c. 36 U.K.) (which empowers a court to exonerate wholly or partly a carrier who proves that the damage was caused by or contributed to by the negligence of the injured person) shall in its application to the Colony have effect subject to the provisions of this section.
(8)
This section shall not apply to any claim to which
section 1
of the Maritime Conventions Act 1911 (1911 c. 57 U.K.), applies and that Act shall have effect as if this section and
sections 20
and
22
had not been enacted.
[cf. 1945 c. 28 s. 3 U.K.]
(9)
This section shall not apply to any case where the acts or omissions giving rise to the claim occurred before 26 October 1951.
[cf. 1945 c. 28 s. 3 U.K.]
(10)
In this
section—
court
(
法院
) means, in relation to any claim, the
                court or arbitrator by or before whom the claim falls to be determined;
damage
(
損害
) includes loss of life and personal
                injury;
dependant
(
受養人
) means any person for whose benefit an
                action could be brought under the Fatal Accidents Ordinance (
Cap. 22
);
fault
(
過失
) means negligence, breach of statutory
                duty or other act or omission which gives rise to a liability in tort or would,
                apart from this section, give rise to the defence of contributory negligence.
[cf. 1945 c. 28 s. 4
                    U.K.]