1964_LIMITATION_ORDINANCE — Page 24

1986 Ed.]

Limitation

[CAP. 347

23

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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. (I) 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, 1 February 1977 and shall have effect in relation to any cause of action which accrued before 1 February 1977 notwithstanding that an action in respect thereof has been commenced and is pending on 1 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 pending 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grant, or not to grant, leave under the former sections 27 to 33 inclusive (which, so far as they relate to leave, are repealed by the Limitation (Amend- ment) Ordinance 1976) does not affect the determination of any question in proceedings under the Limitation (Amendment) Ordin- ance 1976, but in such proceedings account may be taken or evidence admitted in proceedings under the said sections repealed by the Limitation (Amendment) Ordinance 1976. (Replaced, 67 of 1976, s. 6)

(3A) In this section "action" includes any proceedings in a court of law, an arbitration and a claim by way of set-off or counterclaim. (Added, 67 of 1976, s. 6)

(4) Save as aforesaid, nothing in this Ordinance shall-

(a) affect any action or arbitration commenced before the commencement of this Ordinance or the title to any property which is the subject of any such action or arbitra- tion; or

(b) enable any action to be brought which, immediately before the commencement of this Ordinance, 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of any imperial enactment or Ordinance which ceases to apply in the Colony by virtue of or, as the case may be, is repealed by section 39, except in so far as the cause of action or right of action may be revived by an acknowledgment or part payment made in accordance with the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 action which accrued before the commencement of this Ordinance

(Cap. 109.)

Transitional

provisions and provisions as to actions already barred.

1975 c. 54. s. 3.

(67 of 1976)

1939 c. 21, s. 33.

1954 c. 36. s. 7(1).

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