TNAG-1208-FCO40-1511-Compulsory-acquisition-of-land-in-the-Kowloon-Walled-City-1982 — Page 26

1976 Ed.]

Limitation

[CAP. 347

21

the court may further order that the period between the commence- ment of the arbitration and the date of the order of the court shall be excluded in computing the time prescribed by this Ordinance or any such other Ordinance or imperial enactment as aforesaid for the commencement of proceedings (including arbitration) with respect to the dispute referred.

(6) This section shall apply to an arbitration under an Ordin- ance as well as to an arbitration pursuant to an arbitration agree- ment, and subsections (3) and (4) shall have effect, in relation to an arbitration under an Ordinance, as if for the references to the arbitration agreement there were substituted references to such of the provisions of the Ordinance or of any order, scheme, rules, regulations or by-laws made thereunder as relate to the arbitration.

35. For the purposes of this Ordinance, any claim by way of set-off or counterclaim shall be deemed to be a separate action and to have been commenced on the same date as the action in which the set-off or counterclaim is pleaded.

36. Nothing in this Ordinance shall affect any equitable juris- diction to refuse relief on the ground of acquiescence or otherwise.

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 or any Ordinance relating to duties of excise or to any proceedings in respect of the forfeiture of a ship.

38. (1) Sections 22(2) and (2A), 27, 28, 29 and 30 shall have effect in relation to causes of action which accrued before, as well as causes of action which accrue on or after, 1st February 1977 and shall have effect in relation to any cause of action which accrued before 1st February 1977 notwithstanding that an action in respect thereof has been commenced and is pending on 1st February 1977. (Replaced, 67 of 1976, s. 6)

(2) For the purposes of this section an action shall not be taken to be pending at any time if a final order or judgment has been made or given therein, notwithstanding that an appeal is pend- ing or that the time for appealing has not expired. (Replaced, 67 of 1976, s. 6)

(3) A decision taken at any time by a court to grant, or not to grant, leave under the former sections 27 to 33 inclusive (which, so far as they relate to leave, are repealed by the Limitation (Amend- ment) Ordinance 1976) does not affect the determination of any question in proceedings under the Limitation (Amendment) Ordin-

Provisions as to set-off or counterclaim.

1939 c. 21, s. 28.

Acquiescence. 1939 c. 21, s. 29.

Application to the Crown. 1939 c. 21, s. 30(1).

(Cap. 109.)

Transitional provisions and provisions as to actions already barred.

1975 c. 54, s. 3.

(67 of 1976.)