Hong Kong Ordinances

LAW AMENDMENT AND REFORM (CONSOLIDATION) ORDINANCE - SECT 20

Effect of death on certain causes

(1) Subject to the provisions of this section, on the death of any person
after 26 October 1951, all causes of action subsisting against or vested in
him shall survive against, or, as the case may be, for the benefit of, his
estate: Provided that this subsection shall not apply to causes of action for
defamation or seduction or for inducing one spouse to leave or remain apart
from the other or to claims for damages on the ground of adultery.

(1A) The right of a person to claim under section 4 of the Fatal 
Accidents Ordinance ( Cap 22) (for bereavement) or under section 20C(1) of
this Ordinance (for loss of society) shall not survive for the benefit of his
estate on his death. (Added 40 of 1986 s. 2)

(2) Where a cause of action survives as aforesaid for the benefit of the
estate of a deceased person, the damages recoverable for the benefit of the
estate of that person-

   (a)  shall not include any exemplary damages;

   (b)  shall, where the death of that person has been caused by the act or
        omission which gives rise to the cause of action-

        (i)    be calculated without reference to any loss or gain to his
               estate consequent on his death, except that a sum in respect of
               funeral expenses may be included;

        (ii)   not include any damages in respect of loss of ability to render
               services after his death;

        (iii)  not include any damages for loss of property, whether income or
               otherwise, in respect of any period after his death, except in
               so far as the court is satisfied that, but for the act or
               omission that gave rise to the cause of action, the deceased
               would have achieved an accumulation of wealth by the time that
               he would otherwise have died, in which case damages may be
               awarded in respect of the loss of that wealth: Provided that
               damages awarded under this sub-paragraph shall be subject to
               such deduction as the court considers it just to make in the
               circumstances of any particular case on account of the
               accelerated receipt of that wealth and in order to avoid
               over-compensation. (Replaced 40 of 1986 s. 2)

(3) (Repealed 52 of 1987 s. 45)

(4) Where damage has been suffered by reason of any act or omission in respect
of which a cause of action would have subsisted against any person if that
person had not died before or at the same time as the damage was suffered,
there shall be deemed, for the purposes of this section and sections 21 and
22, to have been subsisting against him before his death such cause of action
in respect of that act or omission as would have subsisted if he had died
after the damage was suffered.

(5) The rights conferred by this section and sections 21 and 22 for the
benefit of the estates of deceased persons shall be in addition to and not in
derogation of any rights conferred on the dependants of deceased persons by
the Fatal Accidents Ordinance ( Cap. 22) and so much of this section and
sections 21 and 22 as relates to causes of action against the estates of
deceased persons shall apply in relation to causes of action under the said
Ordinance as it applies in relation to other causes of action not expressly
excepted from the operation of subsection (1).

(6) In the event of the insolvency of an estate against which proceedings are
maintainable by virtue of this section, any liability in respect of the cause
of action in respect of which the proceedings are maintainable shall be deemed
to be a debt provable in the administration of the estate, notwithstanding
that it is a demand in the nature of unliquidated damages arising otherwise
than by a contract, promise or breach of trust.

(36 of 1951 s. 2 incorporated) [cf. 1934 c. 41 s. 1 U.K.]