CO537-6046 — Page 284

SUPPLEMENT NO. 1, JULY 16, 1948.

"right" means any right remedy power option privilege

or facility.

171

3. Save to the extent hereinafter appearing the failure of Exclusion of a person during the disability period to institute or take any step disability in legal proceedings to enforce a debt or to avail himself, whether period from

period of by legal proceedings or otherwise, of any right shall have no limitation effect for the purpose of any period of limitation or for the or for purpose of any equitable doctrine of laches or acquiescence and, purposes save to the extent hereinafter appearing, the rules of law and of laches or principles of equity shall in such matters as aforesaid be applied as if no period of time had elapsed between the 7th of December, 1941 and the commencement of this Ordinance.

acquiescence.

4. In the case of any debt to which by article 6 of the Disability Moratorium Proclamation the moratorium was declared not to period to end apply section 3 shall have effect as if the disability period did on 1st May, not include any period subsequent to the 1st of May, 1946 and 1946 in the as if the words "and the 1st of May, 1946" were therein exempted substituted for the words "and the commencement of this from Ordinance "

case of debts

Moratorium

Proclamation. Proclamation No. 6 of the B.M.A. B.M.A. Gazette of the 12th October,

1945.

Ability to

5. Notwithstanding the above provisions in any case in which the court is satisfied that a person was at any material time exercise a after the 31st of August, 1945 able by himself or an agent right effect- effectively to exercise any right, not being a right-

ively may further reduce

(a) ancillary to or for better securing a right to recover disability or enforce any debt to which the Moratorium Proclamation period to a applied; or

date between 31st August, 1945 and the

ment of this

(b) a right conferred confirmed declared or amplified by commence- the Land Transactions (Enemy Occupation) Ordinance, 1948;

Proclama-

then the court may, in its discretion, take into consideration for the Ordinance. purpose of any equitable doctrine of laches or acquiescence the tion No. 6 failure to exercise such a right, not being a failure attributable of the to a reasonable expectation that provision affecting such a right B.M.A. would be made by some enactment applicable to the Colony.

6. This Ordinance shall bind the Crown.

Passed the Legislative Council of Hong Kong, this 14th day of July, 1948.

Crown to be bound by this Ordinance.

ALASTAIR TODD, Deputy Clerk of Councils.