1986 Ed.]
Limitation
[CAP. 347
13
Provided that----
(a) this section shall not affect any case where the right of action first accrued to some person (not under a disability) through whom the person under a disability claims;
(b) when a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under disability, no further extension of time shall be allowed by reason of the disability of the second person; (Amended, L.N. 100/68)
(c) no action to recover land or money charged on land shall be brought by virtue of this section by any person after the expiration of 30 years from the date on which the right of action accrued to that person or some person through whom he claims;
(d) this section shall not apply to any action to recover a penalty or forfeiture, or sum by way thereof, by virtue of any Ordinance or imperial enactment, except where the action is brought by an aggrieved party.
(2) If the action is one to which section 27 or 28(3) applies, subsection (1) shall have effect as if for the words "6 years" there were substituted the words "3 years". (Replaced, 67 of 1976, s. 4)
(2A) Where this section applies by virtue of section 6, subsection (1) shall have effect as if for the words "6 years" there were substituted the words "2 years". (Added, 67 of 1976, s. 4)
(3) For the purposes of this section, a person shall be deemed to be under a disability while he is an infant or of unsound mind, and, without prejudice to the generality of the foregoing provisions of this subsection, a person shall be conclusively presumed to be of unsound mind while he is detained in pursuance of any Ordinance or imperial enactment authorizing the detention of persons of unsound mind, including persons convicted of offences or awaiting trial, or while he is receiving treatment voluntarily under the provisions of the Mental Health Ordinance.
Acknowledgment and part payment
23. (1) Where there has accrued any right of action (including a foreclosure action) to recover land or any right of a mortgagee of personal property to bring a foreclosure action in respect of the property, and-
(a) the person in possession of the land or personal property acknowledges the title of the person to whom the right of action has accrued; or
(b) in the case of a foreclosure or other action by a mortgagee, the person in possession as aforesaid or the person liable for the mortgage debt makes any payment in respect thereof, whether of principal or interest,
1975 c. 54. s. 2.
(Cap. 136.)
Fresh accrual of action on acknowledgment or part payment. 1939 c. 21. s. 23.