1965-HKRS29-8-32_Part02 — Page 10

Application

to the Crawn, 2&3 Geo. 6.

c. 21, s. 30(1).

(26 of 1963).

Transitional provisions and provi- sions as lo actions

already

barred.

1963, c. 47, 2. G

2 & 3 Geo. 6,

c. 21, s. 33.

2 & 3 Eliz. 2.

c. 36, 1. 7(1).

22

37. Save as in this Ordinance otherwise expressly provided and without prejudice to the provisions of section 40, this Ordinance shall apply to proceedings by or against the Crown in like manner as it applies to proceedings between subjects:

Provided that this Ordinance shall not apply to any proceedings by the Crown for the recovery of any tax or duty or interest thereon or to any forfeiture proceedings under the Dutiable Commodities Ordinance 1963, or any Ordinance relating to duties of excise or to any proceedings in respect of the forfeiture of a ship.

38. (1) Subject to the provisions of subsections (2) and (3), the provisions of sections 27 to 33 shall have effect in relation to causes of action which accrued before the commencement of this Ordinance (whether the action relating to any such cause of action was then already barred or not) as well as to causes of action which accrue after the commencement of this Ordinance, and shall have effect in relation to any cause of action which accrued before the commencement of this Ordinance notwithstanding that an action in respect thereof has been commenced and is pending at the commencement of this Ordinance,

(2) In the application of section 28 to an action which is pending at the commencement of this Ordinance, subsection (3) of that section shall have effect with the omission of the words "and it also appears" to the end of the subsection.

(3) For the purposes of subsection (1) an action shall not be taken to be pending at any time after a final order or judgment has been made or given therein, notwithstanding that an appeal is pending or that the time for appealing has not expired; and accordingly section 26 shall not have effect in relation to a cause of action in respect of which a final order or judgment has been made or given before the commence- ment of this Ordinance.

(4) Save as aforesaid, nothing in this Ordinance shall- (a) affect any action or arbitration commenced before the com

mencement of this Ordinance or the title to any property which is the subject of any such action or arbitration; or

(b) enable any action to be brought which, immediately before the commencement of this Ordicance, was then barred by the provision of any imperial enactment or Ordinance which ceases to apply in the Colony by virtue of or, as the case may be, is repealed by section 39, except in so far as the cause of action or right of action may be revived by an acknowledg- ment or part payment made in accordance with the provisions of this Ordinance.

(5) Subject to the provisions of section 6 and subsection (4) of this section, the time for bringing proceedings in respect of a cause of

23

action which accrued before the commencement of this Ordinance shall, if it has not then already expired, expire at a time when it would have expired apart from the provisions of this Ordinance or at any time when it would have expired if the provisions of this Ordinance had at all material times been in force, whichever is the later:

Provided that where a cause of action, for which a period of limitation is prescribed by this Ordinance, has accrued before the com- mencement of this Ordinance in any case in which, but for the provisions of this Ordinance, no time for bringing proceedings in respect thereof is limited, the time for bringing such proceedings, as limited by the provisions of this Ordinance, shall commence to run from the date of the coming into operation of this Ordinance.

39. (1) The imperial enactments set out in the first column of Repeals and Part I of the Schedule shall, to the extent specified in the second column cations of

application. thereof, cease to apply in the Colony.

Schedule.

(2) The Ordinances set out in the first column of Part II of the Schedule are hereby repealed to the extent specified in the second column thereof.

40. This Ordinance shall not apply to any action or arbitration Saving. for which a period of limitation is prescribed by any other Ordinance or any imperial enactment, or to any action or arbitration to which the Crown is a party and for which, if it were between subjects, a period of limitation would be prescribed by any other enactment.

SCHEDULE.

CESSATION OF APPLICATION AND REPEAL OF ENACTMENTS.

PART I.

Imperial chaciments.

An Act concerning Informers.

The Limitation Act 1623.

An Act for the amendment of the Law and

the better Advancement of Justice.

The Crown Suits Act 1769.

The Statute of Frauds Amendment Act 1828.

The Real Property Limitation Act 1833.

The Civil Procedure Act 1833.

The Real Property Limitation Act 1837. The Limitations of Actions and Costs Act

1842.

[S. 39.]

Extent of cessation of application.

Section 5.

Sections 3, 4 and 7.

Sections 17 to 19.

The whole Act.

Sections 1, 3, 4 and 8.

The whole Act.

Sections 3 to 7.

The whole Act.

Section 5.

OI BUL - S

(21 1. 1. c. 16).

4443 Anech.

G. 3).

1 Go. 3,

= |,

(5 Chen, 4,

c. 14)

1 & 4 W. 4.

27k

CA 4 WN. 4. 6. 430,

VIL EL Dİ).

(5 & 6 Viet.

C. 97).