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If approached by “recovery agents” peddling
claims recovery service, an injured person should not respond to their touting
activities and do not discuss with them the injury case or disclose to them any
personal particulars to avoid his personal information being abused. Besides,
do not sign any document, or he may face unanticipated legal consequences and
financial liabilities later on.
The so-called “recovery agents” may through acts
such as maintenance and champerty carve up the compensation payable to victims
of personal injury cases, jeopardizing their rights and interests to
compensation. Under the laws of Hong Kong, any person engaging in maintenance
and champerty commits an offence and is punishable by a fine and up to seven
years’ imprisonment on conviction.
Through persuasion, “recovery agents” may draw
up agreement with victims of work-related or traffic accidents, under which the
“recovery agents” will fund the victims’ claims (such as paying the victims’
litigation costs) in return for a share of the compensation to be recovered.
The injured in any accident, including work accident and traffic accident,
should be beware of these touting activities, and if necessary, seek proper
legal advice or representation, or assistance from government departments such
as the Legal Aid Department, the Labour Department and the Social Welfare
Department, or The Law Society of Hong Kong. Anyone who feels being harassed
should contact the Police immediately for assistance.
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