Article 5 of the Torts Law states that where specific provisions on tortuous liability are provided in other laws, such provisions shall prevail. Therefore the Interpretation on Compensation for Personal Injury and other tort related laws and regulations will continue to apply even after July 2010 when the new Tort Law comes into effect, but if the new Tort Law conflicts with the Interpretation or other tort related laws an regulations, the new Tort Law will prevail.
In practice, the principles are - the laws promulgated later should prevail over the laws promulgated earlier; laws should prevail over rules and regulations; where there are specific laws, specific laws should prevail over general laws. |