1965-HKRS28-8-32_Part02 — Page 7

Extension of

time limit for actions in respect of personal injuries. 1963.c.47. 6. 1.

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Provided that nothing in this section shall enable any action to be brought to recover, or enforce any charge against, or set aside any transaction affecting, any property which...

(i) in the case of fraud, has been purchased for valuable con- sideration by a person who was not a party to the fraud and did not at the time of the purchase know or have reason to believe that any fraud had been committed; or

(U) in the case of mistake, has been purchased for valuable con- sideration, subsequently to the transaction in which the mistake was made, by a person who did not know or have reason to believe that the mistake had been made.

Special provisions applicable to certain actions in respect of personal injuries.

27. (1) Subsection (1) of section 4 shall not afford any defence to an action to which this section applies, in so far as the action relates to any cause of action in respect of which-

(a) the court has, whether before or after the commencement of the action, granted leave for the purposes of this section; and (b) the requirements of subsection (3) are fulfilled.

(2) This section applies to any action for damages for negligence. nuisance or breach of duty (whether the duty exists by virtue of a con- tract or of provision made by or under any Ordinance or imperial enactment or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to the plaintiff or any other person.

(3) The requirements of this subsection are fulfilled in relation to a cause of action if it is proved that the material facts relating to that cause of action were or included facts of a decisive character which were at all times outside the knowledge (actual or constructive) of the plaintiff until a date which—–

(a) either was after the end of the three-year period relating to that cause of action or was not earlier than twelve months before the end of that period; and

(b) in either case, was a date not carlier than twelve months

before the date on which the action was brought.

(4) For the purposes of subsection (3), reference to the three- year period relating to a cause of action is a reference to the period of three years from the date on which that cause of action accrued:

Provided that-

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(a) in relation to any cause of action in respect of which, by virtue of section 22, an action could have been brought after the end of the period of three years from the date on which that cause of action accrued, any such reference to the three- year period relating to that cause of action shall be construed as a reference to the period up to the end of which an action could, by virtue of that section, have been brought in respect thereof;

(b) in relation to a cause of action in respect of which, by virtue of section 26, the period of limitation did not begin to run until a date after the cause of action accrued, any such reference to the three-year period relating to that cause of action shall be construed as a reference to the period of three years from the date on which, by virtue of that section, the period of limitation began to run.

(5) Nothing in this section shall be construed as excluding or otherwise affecting--

(a) any defence which, in any action to which this section applies, may be available by virtue of any Ordinance or imperial on- actment other than subsection (1) of section 4 of this Ordin- ance (whether it is an Ordinance or imperial enactment imposing a period of limitation or not) or by virtue of any rule of law or equity; or

(b) the operation of any Ordinance or imperial enactment or of any rule of law or equity which, apart from this section. would mable such an action to be brought after the end of the period of three years from the date on which the cause of action accrued.

28. (1) Any application for the leave of the court for the pur- Application poses of section 27 shall be made ex parte, except in so far as rules for leave of of court may otherwise provide in relation to applications which are 1963, c. 47, made after the commencement of a relevant action.

court.

(2) Where such an application is made before the commencement of any relevant action, the court shall grant leave in respect of any cause of action to which the application relates it, but only if, on evidence adduced by or on behalf of the plaintiff, it appears to the court that, if such an action were brought forthwith and like evidence were adduced in that action, that evidence would, in the absence of any evidence to the contrary, be sufficient-

(a) to establish that cause of action, apart from any defence under

subsection (1) of section 4; and

s. 2(1), (2), ()*(5).