Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 49

Interest on claims for debt and damages

(Past version on 30/06/1997).

(1) The Court may include simple interest, at the rate the Court thinks fit in
a judgment for a debt or damages, on the debt or damages or on a payment made
before judgment, for the period between the date when the cause of action
arose and-

   (a)  for a sum paid before judgment, the date of the payment; and

   (b)  for the sum for which judgment is given, the date of the judgment.

(2) Rules of court may provide for the rate of interest and the method of
calculation.

(3) In a judgment given for damages for personal injuries or arising out of
the death of a person which exceed $30000, the Court has, unless the Court is
satisfied that there are special reasons to the contrary, to include simple
interest at the rate the Court thinks fit on-

   (a)  payment made before judgment, for the period between the date when the
        cause of action arose and the date of the payment; and

   (b)  any other sum for which judgment is given, for the period between the
        date when the cause of action arose and the date of the judgment.

(4) The defendant in proceedings for the recovery of a debt who pays the whole
debt to the plaintiff (otherwise than in pursuance of a judgment in the
proceedings) is liable to pay the plaintiff interest at the rate the Court
thinks fit or rules of court provide on the debt for the period between the
date when the cause of action arose and the date of the payment.

(5) 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.

(6) Interest under this section may be calculated at different rates for
different periods.

(7) In determining, for the purposes of section 32, 33, 36 or 37, whether an
amount exceeds or is less than the amount specified in those sections, the
Court shall not take account of any interest that may be ordered under this
section or of any order for interest made under this section.

(8) This section does not affect the damages recoverable for the dishonour of
a bill of exchange.

(9) In this section-

"defendant" (被告人) means the person from whom the plaintiff seeks the
debt or damages;

"plaintiff" (原告人) means the person seeking the debt or damages.
(Replaced 28 of 2000 s. 24)

"defendant" (被告人)

"plaintiff" (原告人)