HONG KONG LEGISLATIVE COUNCIL 28 February 1990
香港立法局 ————一九九○年二月二十八日
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issuing of a document likely to mislead another person into believing that the document is a certificate of origin issued by government-approved certificate issuing authorities. The third offence concerns the omitting, with intent to deceive, of any material particulars in applications for a certificate of origin.
The Trade Advisory Board has been consulted on the proposed legislative amendments and has expressed its support.
Sir, I move that the debate on this motion be now adjourned.
Question on the adjournment proposed, put and agreed to.
LIMITATION (AMENDMENT) BILL 1990
THE ATTORNEY GENERAL moved the Second Reading of: "A Bill to amend the Limitation Ordinance."
He said: Sir, I move that the Limitation (Amendment) Bill 1990 be read a Second time.
The principal object of this Bill is to amend the Limitation Ordinance to extend the time limits which are imposed upon the commencement of certain legal proceedings involving claims for damages. The Bill also amends that Ordinance specifically in relation to time limits affecting cases involving fraud, concealment or mistake. Finally, the Bill introduces special time limits for certain actions relating to land.
There have been important developments in this area of the law during recent years and in particular there have been changes to English legislation upon which the Limitation Ordinance is based. The provisions contained in the Bill are designed to reflect those developments.
Clauses 11 and 13 of the Bill are based on provisions contained in the English Latent Damage Act 1986. They are intended to deal with a situation where a person's negligence results in hidden damage to property and the limitation period expires prior to the discovery of that damage. An example would be where the foundations of a building are laid negligently and that negligence is only revealed many years later, perhaps after tell-tale cracks and bulges appear in the building. As the current limitation period of six years runs from the date on which the damage to the foundations occurred, it is possible that such period will have expired before the defect is discovered.