Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 72E

Orders for provisional damages for personal injuries

(1) This section applies to proceedings in an action in which a claim for
personal injuries is made in which there is proved or admitted to be a chance
that in the future the injured person will develop some serious disease or
suffer some serious deterioration in his physical or mental condition as a
result of the act or omission which gave rise to the cause of action.

(2) The Rules Committee may make rules enabling the Court in giving judgment
in a case to which this section applies to award the injured person-

   (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) Rules made under this section may include incidental, supplementary and
consequential provisions that the Rules Committee considers expedient, and may
provide for the injured person to elect whether or not to accept an award of
damages assessed under the rules.

(4) This section does not-

   (a)  affect the exercise of any power relating to costs, including any
        power to make rules of court relating to costs; or

   (b)  prejudice 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 the duty. (Added 28 of 2000 s. 41)