Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 48

Interest on claims for debt and damages

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 Interest

(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 $30000 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 IV 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.
(Replaced 52 of 1987 s. 37) [cf. 1981 c. 54 s. 35A U.K.]

"defendant" (被告人)

"personal injuries" (人身傷害)

"plaintiff" (原告人)