Hong Kong Ordinances

PROTECTION OF TRADING INTERESTS ORDINANCE - SECT 8

Recovery of awards of multiple damages

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 28 of 1998 s. 2(1); 66 of 2000
s. 3

(1) This section applies where a court of a place outside Hong Kong has given
a judgment for multiple damages within the meaning of section  7 (3) against-
(Amended 66 of 2000 s. 3)

   (a)  a permanent resident of the Hong Kong Special Administrative Region;
        (Amended 28 of 1998 s. 2(1))

   (b)  a body corporate incorporated in Hong Kong; or

   (c)  a person carrying on business in Hong Kong,

        (in this section referred to as a "qualifying defendant" (具資格被告人)) and an 
amount on account of the damages has been paid by the qualifying defendant
either to the party in whose favour the judgment was given or to another party
who is entitled as against the qualifying defendant to contribution in respect
of the damages.

(2) Subject to subsections (3) and (4), a qualifying defendant shall be
entitled to recover from the party in whose favour the judgment was given so
much of the amount referred to in subsection (1) as exceeds the part
attributable to compensation; and that part shall be taken to be such part of
the amount as bears to the whole of it the same proportion as the sum assessed
by the court that gave the judgment as compensation for the loss or damage
sustained by that party bears to the whole of the damages awarded to that
party.

(3) Subsection (2) does not apply where the qualifying defendant is-

   (a)  an individual who was ordinarily resident in the place concerned at
        the time when the proceedings in which the judgment was given were
        instituted; or (Amended 66 of 2000 s. 3)

   (b)  a body corporate which had its principal place of business there at
        that time.

(4) Subsection (2) does not apply where the qualifying defendant carried on
business in the place concerned and the proceedings in which the judgment was
given were concerned with activities exclusively carried on in that place.
(Amended 66 of 2000 s. 3)

(5) A court in Hong Kong may entertain proceedings on a claim under this
section notwithstanding that the person against whom the proceedings are
brought is not within the jurisdiction of the court.

(6) (a) The reference in subsection (1) to an amount paid by the
qualifying defendant includes a reference to an amount obtained by execution
against his property or against the property of a company which

(directly or indirectly) is wholly owned by him.

   (b)  References in subsections (1) and (2) to the party in whose favour the
        judgment was given or to a party entitled to contribution include
        references to any person in whom the rights of any such party have
        become vested by succession or assignment or otherwise.

(7) This section shall, with the necessary modifications, apply in relation to
any order which-

   (a)  is made by a tribunal or authority of a place outside Hong Kong; and
        (Amended 66 of 2000 s. 3)

   (b)  would, if that tribunal or authority were a court, be a judgment for
        multiple damages within the meaning of section 7(3).

(8) This section does not apply to any judgment given or order made before the
commencement of this Ordinance. (Enacted 1995) [cf. 1980 c. 11 s. 6 U.K.]