### Community Service Orders Ordinance 《社會服務令條例》

12. Breach of community service order not for jury to decide
In proceedings before the Court of First Instance under this Ordinance, any question whether an offender has failed to comply with section 6(1), or has been convicted of an offence committed during the period that a community service order was in force, shall be determined by the court and not by the verdict of a jury.
(Amended 25 of 1998 s. 2)

13. Power to amend Schedule
The Secretary for Labour and Welfare may by order amend the Schedule and in so doing may specify work by reference to the person for whom, or the place where, it is to be performed, or in any other way.
(Amended 80 of 1997 s. 23; L.N. 106 of 2002; L.N. 130 of 2007)

14. Power to make regulations
The Secretary for Labour and Welfare may make regulations for the better carrying out of the purpose and provisions of this Ordinance.
(Amended 80 of 1997 s. 24; L.N. 106 of 2002; L.N. 130 of 2007)

15. Transitional
A court may make a community service order against a person who is convicted of an offence before the date on which the court acquires the power to make such an order provided that he has not already been sentenced for the offence.

### Civil Liability (Contribution) Ordinance 《民事責任(分擔)條例》

1. Short title
This Ordinance may be cited as the Civil Liability (Contribution) Ordinance.

2. Interpretation
(1) In this Ordinance—
action (訴訟) means an action brought in Hong Kong;
dependants (受養人) has the same meaning as in the Fatal Accidents Ordinance (Cap. 22).
(2) References in this Ordinance to an action brought by or on behalf of the person who suffered any damage include references to an action brought for the benefit of his estate or dependants.
(3) A person is liable in respect of any damage for the purposes of this Ordinance if the person who suffered it (or anyone representing his estate or dependants) is entitled to recover compensation from him in respect of that damage (whatever the legal basis of his liability, whether tort, breach of contract, breach of trust or otherwise).
[cf. 1978 c. 47 s. 6 U.K.]

### Civil Liability (Contribution) Ordinance 《民事責任(分擔)條例》

3. Entitlement to contribution
(1) Subject to the following provisions of this section, any person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage (whether jointly with him or otherwise).
(2) A person shall be entitled to recover contribution by virtue of subsection (1) notwithstanding that he has ceased to be liable in respect of the damage in question since the time when the damage occurred, provided that he was so liable immediately before he made or was ordered or agreed to make the payment in respect of which the contribution is sought.
(3) A person shall be liable to make contribution by virtue of subsection (1) notwithstanding that he has ceased to be liable in respect of the damage in question since the time when the damage occurred, unless he ceased to be liable by virtue of the expiry of a period of limitation or prescription which extinguished the right (and did not merely bar a remedy) on which the claim against him in respect of the damage was based.
(4) A person who has made or agreed to make any payment in bona fide settlement or compromise of any claim made against him in respect of any damage (including a payment into court which has been accepted) shall be entitled to recover contribution in accordance with this section without regard to whether or not he himself is or ever was liable in respect of the damage, provided, however, that he would have been liable assuming that the factual basis of the claim against him could be established.
(5) On assessing any contribution under this section the court shall disregard any part of the payment in respect of which the contribution is sought which appears to the court to be excessive.
(6) A judgment given in any action brought by or on behalf of the person who suffered the damage in question against any person from whom contribution is sought under this section shall be conclusive in the proceedings for contribution as to any issue determined by that judgment in favour of the person from whom the contribution is sought.
(7) In this section—
(a) references to a person’s liability in respect of any damage are references to any such liability which has been or could be established in an action brought by or on behalf of the person who suffered the damage; but it is immaterial whether any issue arising in any such action was or would be determined (in accordance with the rules of private international law) by reference to the law of a place outside Hong Kong;
(b) payment (款項) includes payment in kind or by way of services or other arrangement whatsoever if such payment in kind or services or arrangement has a monetary value reasonably capable of being determined.
[cf. 1978 c. 47 s. 1 U.K.]

### Civil Liability (Contribution) Ordinance 《民事責任(分擔)條例》

4. Assessment of contribution
(1) Subject to subsection (3), in any proceedings for contribution under section 3 the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person’s responsibility for the damage in question.
(2) Subject to subsection (3), the court shall have power in any such proceedings to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.
(3) Where the amount of the damages which have or might have been awarded in respect of the damage in question in any action brought by or on behalf of the person who suffered it against the person from whom the contribution is sought was or would have been subject to—
(a) any limit imposed by or under any law or by any agreement made before the damage occurred;
(b) any reduction by virtue of section 21 of the Law Amendment and Reform (Consolidation) Ordinance (Cap. 23); or
(c) any corresponding limit or reduction under the law of a place outside Hong Kong,
the person from whom the contribution is sought shall not by virtue of any contribution awarded under section 3 be required to pay in respect of the damage a greater amount than the amount of those damages as so limited or reduced.
[cf. 1978 c. 47 s. 2 U.K.]

5. Proceedings against persons jointly liable for the same debt or damage
Judgment obtained against any person liable in respect of any debt or damage shall not be a bar to an action, or to the continuance of an action, against any other person who is (apart from any such bar) jointly liable with him in respect of the same debt or damage.
[cf. 1978 c. 47 s. 3 U.K.]

6. Successive actions against persons liable (jointly or otherwise) for the same damage
If more than one action is brought in respect of any damage by or on behalf of the person by whom it was suffered against persons liable in respect of the damage (whether jointly or otherwise) the plaintiff shall not be entitled to costs in any of those actions, other than that in which judgment is first given, unless the court is of the opinion that there was reasonable ground for bringing the action.
[cf. 1978 c. 47 s. 4 U.K.]

7. Effect of joint liability of release or accord
A release of, or accord with, a person liable in respect of any debt or damage, granted or made by a person to whom the debt is due or by whom the damage is suffered, does not discharge another person who is jointly liable in respect of the debt or damage unless the release or accord so provides.