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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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Clause 13 provides that the new limitation period in actions of this nature is to be either six years from the date on which the damage occurred or three years from the date on which the plaintiff acquired the requisite knowledge for bringing an action, whichever period ends later. However, in order to eliminate the possibility that someone is sued by virtue of this new provision a great many years after the negligent act or omission occurred, clause 13 of the Bill provides that no action shall be brought after the expiry of an overriding period of 15 years following the date of that act or omission which allegedly caused the damage.
Problems can arise where, on the date on which a plaintiff had the knowledge required for bringing an action, he is under a legal disability such as infancy. Clause 11 provides that in such a situation, an action may be brought within three years from the date upon which the plaintiff ceased to be under the disability, provided that this does not go beyond the overriding 15-year period.
Hitherto there have been difficulties where there are successive owners of a property which has a hidden defect. Clause 13 also provides that a person who acquires property so affected will be able to maintain an action against the responsible party provided that no previous owner has been aware of that latent defect.
The proposed changes to the law of limitation in actions involving fraud, concealment and mistake are contained in clause 12. Its effect is to postpone the commencement of any limitation period under the Ordinance so as not to prejudice a plaintiff who has suffered from fraud, the deliberate concealment of facts or from the consequences of a mistake. In such cases the limitation period will only commence when the plaintiff has discovered, or could with reasonable diligence have discovered, the fraud, concealment or mistake.
The changes proposed in clauses 5, 6, 7 and 8 would reduce from 20 years to 12 years the period within which it is possible to bring certain legal proceedings affecting property, in particular actions to recover land or to redeem mortgaged land. The proposed changes are consequent upon changes effected by the Conveyancing and Property (Amendment) Ordinance 1988. During the course of the passage of that piece of legislation through this Council on 1 June 1988, I assured Members that the Administration would carefully consider a proposal reported by the late Mr. Peter C. WONG, which related to the statutory limitation periods for actions for the recovery of land. That proposal is fully
reflected in the Bill.
Sir, I move that the debate on this motion be now adjourned.
Question on the adjournment proposed, put and agreed to.