1965-HKRS29-8-32_Part02 — Page 5

Limitation

of actions ckiming personal estate of a deceased person.

2 & 3 Geo. 6. a. 21, s. 20,

Extension of limita Hoa

period in

rase of

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21. Subject to the provisions of subsection (1) of section 20, na action in respect of any claim to the personal estate of a deceased person or to any share or interest in such estate, whether under a will or on intestacy, shall be brought after the expiration of twelve years from the date when the right to receive the share or interest accrued, and no action to recover arrears of interest in respect of any legacy, or damages in respect of such arrears, shall be brought after the expiration of six years from the date on which the interest became due.

PART III.

EXTENSION OF LIMITATION PERIODS IN CERTAIN CASES,

Disability.

22. (1) If on the date when any right of action accrued for which a period of limitation is prescribed by this Ordinance, the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of six years from the date when the porson ceased to be under a disability or died, whichever ovent first & 31(2) & (3); occurred, notwithstanding that the period of limitation has expired!

disability.

2 & 3 Gep. §,

c. 11, s. 11

2 & 3 Elz. 2.

C. 36, s. 2(2).

cf. 1983.

c. 47, s. 401.

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 accrued, 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;

(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 thirty 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 Ordin- ance or imperial enactment, except where the action is brought by an aggrieved party.

(2) In the case of actions for damages for negligence, muisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under any Ordinance or imperial enactment or independently of any contract or any such provision) where the

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damages claimed by the plaintiff for the negligence, nuisance or breach of duly consist of or include damages in respect of personal injuries to any person and in the case of actions to which section 6 applies-

(a) subsection (1) of this section shall have effect as if for the

words "six years" there were substituted—

(i) as regards any action to which section 6 applies, the words "two years***

(ii) as regards any other action to which this subsection refers, the words "three years"; and

(b) this section shall not apply unless the plaintiff proves that the person under the disability was not, at the time when the right of action, or (as regards an action to which section 6 applies) the right to recover contribution, accrued to him. in the custody of a parent.

(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 1960.

(35 of 1960).

Acknowledgment and part payment.

23. (1) Where there has accrued any right of action (including a Fresh accrual foreclosure action) to recover land or any right of a mortgagee of of action on

per-

acknowledg- sonal property to bring a foreclosure action in respect of the property, ment or part and-

payment,

2 & 3 Geo. 6.

(a) the person in possession of the land or personal property 2. 21, 3, 13.

acknowledges the title of the person to whom the right of action has accrued; or

(8) 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,

the right shall be deemed to have accrued on and not before the date of the acknowledgment of payment.

(2) Where a mortgagee is by virtue of the mortgage in possession of any mortgaged land and either receives any sum in respect of the principal or interest of the mortgage debt or acknowledges the title of the mortgagor, or his equity of redemption, an action to redeem the