### Law Amendment and Reform (Consolidation) Ordinance 《法律修訂及改革(綜合)條例》

26. Validity of instruments under seal executed by persons not appointed under seal

(1) The fact that a power of attorney or document of authorization given by a foreign corporation to or in favour of any person is not under seal shall not, if such power of attorney or document of authorization is valid as a power of attorney or document of authorization in accordance with the laws of the place under which such corporation is incorporated, affect, for any purpose intended to be effected within Hong Kong, the validity or effect of any instrument under seal executed on behalf of such corporation by such person, which shall for all such purposes be as valid as if such authority had been under seal.
(2) In this section, foreign corporation (外地法團) means any corporate body duly incorporated in accordance with the laws of any place outside Hong Kong.
(1 of 1920 ss. 2 & 3 incorporated. Replaced 53 of 1971 s. 3. Amended 23 of 1998 s. 2)

27. Payment of emoluments, etc., when the payee is certified to be incapable
When any sum in respect of emoluments, pension, gratuity or other allowance is payable out of the revenues of the Colony to any public servant, or to the widow or child of any public servant, and the person to whom the sum is payable is certified by 2 persons who are either Government Medical Officers or medical practitioners to be unable by reason of mental disability to manage his or her affairs, the Governor in Council may direct the payment of so much of the said sum as he may think fit to the institution or person having the care of the disabled person, and may direct the payment of the surplus, if any, or so much thereof as he may think fit, for or towards the maintenance and benefit of the wife or husband and relatives of the disabled person, and payment under such direction shall be a sufficient discharge from all liability in respect of any sums so paid.
(27 of 1935 s. 2 incorporated)[cf. 1890 c. 5 s. 335 U.K.]

29. Imposition of penalty not to bar civil action
The imposition of a penalty or fine by or under any Ordinance shall not relieve any person from liability to answer in damages to a person injured.
Editorial Note:
This provision previously appeared in s. 85 of Cap. 1. By virtue of 89 of 1993 s. 27, it was re-enacted as s. 29 of this Ordinance.

### Law Amendment and Reform (Consolidation) Ordinance 《法律修訂及改革(綜合)條例》

30. Defence of tender before action
(1) Notwithstanding any rule of law to the contrary, in proceedings for a monetary claim, whether liquidated or unliquidated, it is a defence for the defendant to prove that before the claimant commenced the proceedings, the defendant had unconditionally offered to the claimant—
(a) the amount due where the claim is liquidated; or
(b) an amount sufficient to satisfy the claim where the claim is unliquidated.
(2) The defendant is not entitled to rely on the defence under subsection (1) unless, before serving his defence on the claimant, he has—
(a) made a payment into court of the amount offered; and
(b) notified the claimant of the payment into court.
(3) This section does not apply in relation to proceedings commenced before the commencement# of this section.
(Added 3 of 2008 s. 8)Editorial Note:
# Commencement date: 2 April 2009.

### Fatal Accidents Ordinance 《致命意外條例》

1. Short title
This Ordinance may be cited as the Fatal Accidents Ordinance.

2. Interpretation
(1) In this Ordinance, unless the context otherwise requires—
adopted (領養) means adopted in pursuance of an adoption order made under the Adoption Ordinance (Cap. 290) or of any adoption recognized as valid by the law of Hong Kong;

dependant (受養人), in relation to a deceased person, means—
(a) the wife, husband, former wife or former husband of the deceased and any person whose marriage to the deceased has been annulled or declared void;
(b) a concubine lawfully taken by the deceased before 7 October 1971;
(c) any person who—
(i) was living with the deceased in the same household immediately before the date of his death; and
(ii) had been living with the deceased in the same household for at least 2 years before that date,
as the husband or wife of the deceased;
(d) any parent or other ascendant of the deceased;
(e) any person (not being a parent of the deceased) who, during any marriage to which that person was a party, treated the deceased as a son or daughter of the family in relation to that marriage;
(f) any child or other descendant of the deceased;
(g) any person (not being a child of the deceased) who, during any marriage to which the deceased was at any time a party, was treated by the deceased as a son or daughter of the family in relation to that marriage;
(h) any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased;
(i) any person who is, or is the issue of, a brother or sister of a grandparent of the deceased;
(j) any godchild or godparent of the deceased according to Chinese custom;

wife (妻、妻子) means—
(a) in the case of a Christian marriage or its civil equivalent, the lawful wife; and 
(b) in the case of any other lawful marriage—
(i) the lawful wife of such marriage; or
(ii) if there is more than one lawful wife, the lawful principal wife recognized as such by the personal law of the husband of such marriage, or if there is no lawful principal wife, the lawful wives so recognized.

(2) In deducing any relationship for the purposes of this Ordinance—
(a) an adopted person shall be treated as the child of the person or persons by whom he was adopted and not as the child of any other person; and, subject thereto;
(b) any relationship by affinity shall be treated as relationship by consanguinity, any relationship of the half-blood as a relationship of the whole blood, and the stepchild of any person as his child; and
(c) an illegitimate person shall be treated as the legitimate child of his mother and reputed father.

### Fatal Accidents Ordinance 《致命意外條例》

3. Right of action for wrongful act causing death
If death is caused to any person (the deceased) by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the deceased to maintain an action and recover damages in respect thereof, then subject to section 4(2) an action for damages may be brought for the benefit of the dependants of the deceased against the person who would have been liable in damages to the deceased in respect of that wrongful act, neglect or default.
[cf. 1982 c. 53 s. 3 U.K.]