Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.56A

Orders for provisional damages for personal injuries

(1)
This section applies to an action for damages for personal injuries in which
                there is proved or admitted to be a chance that at some definite or indefinite time
                in the future the injured person will, as a result of the act or omission which gave
                rise to the cause of action, develop some serious disease or suffer some serious
                deterioration in his physical or mental condition.
(2)
Subject to subsection (4), as regards any action for damages to which this
                section applies in which a judgment is given in the Court of First Instance,
                provision may be made by rules of court for enabling the Court, in such
                circumstances as may be prescribed, to award the injured
person—
(Amended
25 of 1998 s. 2
)
(a)
damages assessed on the assumption that the injured person will not develop
                    the disease or suffer the deterioration in his condition; and
(b)
further damages at a future date if he develops the disease or suffers the
                    deterioration.
(3)
Any rules made by virtue of this section may include such incidental,
                supplementary and consequential provisions as the rule-making authority may consider
                necessary or expedient, and may provide for the injured person to elect whether or
                not to accept an award of damages assessed in accordance with such rules.
(4)
Nothing in this section shall be
construed—
(a)
as affecting the exercise of any power relating to costs, including any
                    power to make rules of court relating to costs; or
(b)
as prejudicing any duty of the Court under any enactment or rule of law to
                    reduce or limit the total damages which would have been recoverable apart from
                    any such duty.