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

5. Persons entitled to bring the action
(1) An action under this Ordinance shall be brought by and in the name of the executor or administrator of the deceased.
(2) If—
(a) there is no executor or administrator of the deceased; or
(b) no action is brought within 6 months after the death by and in the name of an executor or administrator of the deceased,
the action may be brought by and in the name of all or any of the persons for whose benefit an executor or administrator could have brought it.
(3) Not more than one action shall lie for and in respect of the same subject-matter of complaint.
(4) The plaintiff in the action shall be required to deliver to the defendant or his solicitor full particulars of the persons for whom and on whose behalf the action is brought and of the nature of the claim in respect of which damages are sought to be recovered.
[cf. 1982 c. 53 s. 3 U.K.]

6. Assessment of damages
(1) In the action, such damages, other than damages for bereavement, may be awarded to dependants in such proportions as reflect their respective injuries as a result of the death.
(2) Where damages are awarded under subsection (1), any costs not recovered from the defendant shall be deducted from those damages and thereafter those damages shall be divided among the dependants in such proportions as has been decided under that subsection.
(3) In an action under this Ordinance, or under the Carriage by Air Ordinance (Cap. 500), where there fall to be assessed damages payable to a widow in respect of the death of her husband there shall not be taken into account the re-marriage of the widow or her prospects of re-marriage. (Amended 13 of 1997 s. 20)
(4) In an action under this Ordinance where there fall to be assessed damages payable to a person who is a dependant within the meaning of paragraph (c) of the definition of that term in section 2, in respect of the death of the person with whom the dependant was living as husband or wife, there shall be taken into account (together with any other matter that appears to the court to be relevant to the action) the fact that the dependant had no enforceable right to financial support by the deceased as a result of their living together.
(5) In assessing damages in any action brought under this Ordinance the funeral expenses of the deceased person, if such expenses have been incurred by the parties for whose benefit the action is brought, shall be taken into account.
(6) Money paid into court in satisfaction of a cause of action under this Ordinance may be in one sum without specifying any person’s share.
[cf. 1982 c. 53 s. 3 U.K.]

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

7. Assessment of damages; disregard of benefits
In assessing damages in respect of a person’s death in an action under this Ordinance or under the Carriage by Air Ordinance (Cap. 500), benefits which have accrued or will or may accrue to any person from his estate or otherwise as a result of his death shall be disregarded. 
(Amended 13 of 1997 s. 20)[cf. 1982 c. 53 s. 3 U.K.]

### Defamation Ordinance 《誹謗條例》

1. Short title
This Ordinance may be cited as the Defamation Ordinance.
(Amended 5 of 1924 s. 6)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
broadcast or broadcasting (廣播) means publication for general reception, as part of any programme or service provided through a broadcasting station within Hong Kong, by means of telecommunications, within the meaning of the Telecommunications Ordinance (Cap. 106); and, where words broadcast by means of telecommunications are simultaneously transmitted by telegraph, as defined by the Telecommunications Ordinance (Cap. 106), in accordance with a licence granted under such Ordinance, the provisions of this Ordinance shall apply as if the transmission were broadcast within the definition hereinbefore contained; (Amended 23 of 1986 s. 2; 36 of 2000 s. 28)
broadcasting station (廣播電台) means any station operated by Government or in respect of which a licence granted by the Governor in Council or the Authority under the Telecommunications Ordinance (Cap. 106) is in force, being a licence which (by whatever form of words) authorizes the use of the station for the purpose of providing broadcasting services for general reception; (Amended 38 of 1993 s. 9; 36 of 2000 s. 28)
information (告發) includes indictment;
international court of justice (國際法院) means the International Court of Justice and any other judicial or arbitral tribunal deciding matters in dispute between States;
legislature (立法機構), in relation to any part of the Commonwealth which is subject to a central and a local legislature, means either of those legislatures;
newspaper (報刊) means any paper containing public news or observations thereon or consisting wholly or mainly of advertisements which is printed for sale and is published in Hong Kong either periodically or in parts or numbers at intervals not exceeding 36 days; (Amended 23 of 1986 s. 2)
proprietor (東主) includes lessee;
report of the Legislative Council (立法局報告) includes any report, paper, vote or other proceeding of the Council;
words (言詞) includes pictures, visual images, gestures and other methods of signifying meaning.
(Replaced 33 of 1961 s. 2) [cf. 1952 c. 66 ss. 7, 9 & Schedule Part III U.K.]

### Defamation Ordinance 《誹謗條例》

3. Admissibility in evidence, in mitigation of damages in action for defamation, of apology
In any action for defamation it shall be competent to the defendant (after notice in writing of his intention to do so duly given to the plaintiff within a reasonable time before the trial of the cause) to give in evidence in mitigation of damages that he made or offered an apology to the plaintiff for such defamation before the commencement of the action, or as soon afterwards as he had an opportunity of doing so in case the action has been commenced before there was an opportunity of making or offering such apology.
[cf. 1843 c. 96 s. 1 U.K.]

4. Right of defendant in action for libel to plead absence of malice, etc. and apology
In an action for a libel contained in any newspaper it shall be competent to the defendant to set up as a defence that the libel was inserted in the newspaper without actual malice and without gross negligence, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in the newspaper a full apology for the libel, or if the newspaper in which the libel appeared is ordinarily published at intervals exceeding 1 week, had offered to publish the said apology in any newspaper to be selected by the plaintiff in the action: and to such defence to the action it shall be competent to the plaintiff to reply generally denying the whole of such defence: (Amended L.N. 307 of 1998)
Provided that it shall not be competent to any defendant in such action to set up any defence as aforesaid without at the same time making a payment of money into court by way of amends, and every such defence so filed without such payment into court shall be deemed a nullity and may be treated as such by the plaintiff in the action. (Amended 50 of 1911; 62 of 1911 Schedule; 33 of 1961 s. 3) [cf. 1843 c. 96 s. 2 U.K. & 1845 c. 75 s. 2 U.K.]

5. Publishing libel known to be false
Any person who maliciously publishes any defamatory libel, knowing the same to be false, shall be liable to imprisonment for 2 years, and, in addition, to pay such fine as the court may award.
(Amended 30 of 1911 Schedule; 33 of 1961 s. 4)[cf. 1843 c. 96 s. 4 U.K.]