Full legislation
s.48
Interest on claims for debt and damages
(1)
Subject to rules of court, in proceedings (whenever instituted) before the Court
of First Instance for the recovery of a debt or damages there may be included in any
sum for which judgment is given simple interest, at such rate as the Court thinks
fit or as rules of court may provide, on all or any part of the debt or damages in
respect of which judgment is given, or payment is made before judgment, for all or
any part of the period between the date when the cause of action arose
and—
(Amended
25 of 1998 s. 2
)
(a)
in the case of any sum paid before judgment, the date of the payment;
and
(b)
in the case of the sum for which judgment is given, the date of the
judgment.
(2)
In relation to a judgment given for damages for personal injuries or death which
exceed $30,000 subsection (1) shall have
effect—
(a)
with the substitution of “shall be included” for “may be included”;
and
(b)
with the addition of “unless the Court is satisfied that there are special
reasons to the contrary” after “given”, where it first occurs.
(3)
Subject to rules of court,
where—
(a)
there are proceedings (whenever instituted) before the Court of First
Instance for the recovery of a debt; and
(Amended
25 of 1998 s. 2
)
(b)
the defendant pays the whole debt to the plaintiff (otherwise than in
pursuance of a judgment in the proceedings),
the defendant shall be liable to pay the plaintiff interest at such rate as
the Court thinks fit or as rules of court may provide on all or any part of the debt
for all or any part of the period between the date when the cause of action arose
and the date of the payment.
(4)
Interest in respect of a debt shall not be awarded under this section for a
period during which, for whatever reason, interest on the debt already
runs.
(5)
Interest under this section may be calculated at different rates in respect of
different periods.
(6)
For the avoidance of doubt it is declared that in determining, for the purposes
of any enactment contained in
Part 4
of the District Court Ordinance
(
Cap. 336
), whether an amount exceeds, or is less
than, a sum specified in that Part, no account shall be taken of any power
exercisable by virtue of this section or of any order made in the exercise of such a
power.
(7)
Nothing in this section affects the damages recoverable for the dishonour of a
bill of exchange.
(8)
In this
section—
defendant
(
被告人
) means the person from whom the
plaintiff seeks the debt or damages;
personal
injuries
(
人身傷害
) includes any disease and any
impairment of a person’s physical or mental condition; and
plaintiff
(
原告人
) means the person seeking the debt or
damages.