In the decision in Chan Pak Ting v Chan Chi Kuen & Anor (HCPI 235/2011, HCPI 671/2007 & HCPI 228/2010), Mr Justice Bharwaney referred to the possible option of making periodical payments as an alternative to the conventional multiplier/multiplicand approach to assessing damages for future pecuniary loss in personal injury cases.

In March 2015, a sub-committee, chaired by Mr Raymond Leung, SC, was set up to consider this topic. In the course of its study, the LRC Sub-committee will conduct a detailed review of the local situation as well as the relevant law and practice in overseas jurisdictions, with a view to making appropriate recommendations for reform, if needed.

The Sub-committee published a Consultation Paper in April 2018 to invite public views on whether the court should be given by way of legislation, the power to make periodical payment orders (PPOs) in respect of damages for future pecuniary loss in personal injury cases.

The Commission published a Report in January 2023 recommending that the court should be given, by way of legislation, the power to make PPOs in respect of damages for future pecuniary loss in personal injury cases. Such power should be limited to catastrophic cases. It also recommends that the Financial Secretary should be the authority empowered to formulate and promulgate the presumed net rate(s) of return on investment (discount rate).

The members of the Sub-committee on Periodical Payments for Future Pecuniary Loss in Personal Injury Cases (in alphabetical order) are:

Mr Raymond Leung, SC, Barrister (Chairman)

Mr Mohan Bharwaney, SBS, SC, Barrister

Miss Catherine Yeung, Legal Counsel, Hospital Authority

Mr Norman Hui, Senior Teaching Consultant, Department of Professional Legal Education, University of Hong Kong

Mr Simon Lam, Executive Director (General Business), Insurance Authority

Ms Vivien Lau, Legal Counsel, Consumer Council

Mr Mark Reeves, Managing Partner, Munros Solicitors & Notaries

Mr Steve Wong Yiu Fai, Deputy Director of Legal Aid / Policy & Administration, Legal Aid Department

The Sub-committee's Secretary is Ms Kitty Fung, Acting Deputy Principal Government Counsel.