Cap. 4activeordinance

High Court Ordinance

高等法院條例

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.