1964_LIMITATION_ORDINANCE — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 3471

(1939 c. 21.)

1975 c. 54, Schedule.

Limitation in case of successive conversions and extinction of title of owner of converted goods.

1939 c. 21, s. 3.

Time limit for claiming contribution.

1978 c. 47, Sch. 1, para. 6.

(Cap. 377.)

Limitation

[1986 Ed.

(6) Subsection (1) shall apply to an action to recover seamen's wages, but save as aforesaid this section shall not apply to any cause of action within the Admiralty jurisdiction of the High Court which is enforceable in rem.

(7) This section shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief, except in so far as any provision thereof may be applied by the court by analogy in like manner as the corresponding enactment contained in the Limitation Act 1939 is applied in the English Courts.

(8) This section has effect subject to section 27. (Added, 67 of 1976, s. 3)

5.

(1) Where any cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person and, before he recovers possession of the chattel, a further conversion or wrongful detention takes place, no action shall be brought in respect of the further conversion or detention after the expiration of 6 years from the accrual of the cause of action in respect of the original conversion or detention.

(2) Where any such cause of action has accrued to any person and the period prescribed for bringing that action and for bringing any action in respect of such a further conversion or wrongful detention as aforesaid has expired and he has not during that period recovered possession of the chattel, the title of that person to the chattel shall be extinguished.

6. (1) Where under section 3 of the Civil Liability (Contribution) Ordinance any person becomes entitled to a right to recover contribution in respect of any damage from any other person, no action to recover contribution by virtue of that right shall (subject to sections 22 and 26) be brought after the end of the period of 2 years from the date on which that right accrued.

(2) For the purposes of this section the date on which a right to recover contribution in respect of any damage accrues to any person (in this subsection referred to as "the relevant date") shall be ascertained as follows, that is to say-

(a) if the person in question is held liable in respect of that damage by a judgment given in any civil proceedings, or an award made on any arbitration, the relevant date shall be the date on which the judgment is given, or the date of the award, as the case may be;

(b) if, in any case not falling within paragraph (a), the person in question makes or agrees to make any payment to one or more persons in compensation for that damage (whether he admits any liability in respect of the damage or not), the relevant date shall be the earliest date on which the amount to be paid by him is agreed between him (or his representative) and the person (or each of the persons, as the case may be) to whom the payment is to be made,

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CAP. 3471 (1939 c. 21.) 1975 c. 54, Schedule. Limitation in case of successive conversions and extinction of title of owner of converted goods. 1939 c. 21, s. 3. Time limit for claiming contribution. 1978 c. 47, Sch. 1, para. 6. (Cap. 377.) Limitation [1986 Ed. (6) Subsection (1) shall apply to an action to recover seamen's wages, but save as aforesaid this section shall not apply to any cause of action within the Admiralty jurisdiction of the High Court which is enforceable in rem. (7) This section shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief, except in so far as any provision thereof may be applied by the court by analogy in like manner as the corresponding enactment contained in the Limitation Act 1939 is applied in the English Courts. (8) This section has effect subject to section 27. (Added, 67 of 1976, s. 3) 5. (1) Where any cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person and, before he recovers possession of the chattel, a further conversion or wrongful detention takes place, no action shall be brought in respect of the further conversion or detention after the expiration of 6 years from the accrual of the cause of action in respect of the original conversion or detention. (2) Where any such cause of action has accrued to any person and the period prescribed for bringing that action and for bringing any action in respect of such a further conversion or wrongful detention as aforesaid has expired and he has not during that period recovered possession of the chattel, the title of that person to the chattel shall be extinguished. 6. (1) Where under section 3 of the Civil Liability (Contribution) Ordinance any person becomes entitled to a right to recover contribution in respect of any damage from any other person, no action to recover contribution by virtue of that right shall (subject to sections 22 and 26) be brought after the end of the period of 2 years from the date on which that right accrued. (2) For the purposes of this section the date on which a right to recover contribution in respect of any damage accrues to any person (in this subsection referred to as "the relevant date") shall be ascertained as follows, that is to say- (a) if the person in question is held liable in respect of that damage by a judgment given in any civil proceedings, or an award made on any arbitration, the relevant date shall be the date on which the judgment is given, or the date of the award, as the case may be; (b) if, in any case not falling within paragraph (a), the person in question makes or agrees to make any payment to one or more persons in compensation for that damage (whether he admits any liability in respect of the damage or not), the relevant date shall be the earliest date on which the amount to be paid by him is agreed between him (or his representative) and the person (or each of the persons, as the case may be) to whom the payment is to be made,
Baseline (Original)
-་་་་་ 6 CAP. 3471 (1939 c. 21.) 1975 c. 54, Schedule. Limitation in case of successive conversions and extinction of title of owner of converted goods. 1939 c. 21, s. 3. Time limit for claiming contribution. 1978 c. 47, Sch. 1, para. 6. (Cap. 377.) Limitation [1986 Ed. (6) Subsection (1) shall apply to an action to recover seamen's wages, but save as aforesaid this section shall not apply to any cause of action within the Admiralty jurisdiction of the High Court which is enforceable in rem. (7) This section shall not apply to any claim for specific perform- ance of a contract or for an injunction or for other equitable relief, 'except in so far as any provision thereof may be applied by the court by analogy in like manner as the corresponding enactment con- tained in the Limitation Act 1939 is applied in the English Courts. (8) This section has effect subject to section 27. (Added, 67 of 1976, s. 3) 5. (1) Where any cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person and, before he recovers possession of the chattel, a further conversion or wrongful detention takes place, no action shall be brought in respect of the further conversion or detention after the expiration of 6 years from the accrual of the cause of action in respect of the original conversion or detention. (2) Where any such cause of action has accrued to any person and the period prescribed for bringing that action and for bringing any action in respect of such a further conversion or wrongful detention as aforesaid has expired and he has not during that period recovered possession of the chattel, the title of that person to the chattel shall be extinguished. 6. (1) Where under section 3 of the Civil Liability (Contri- bution) Ordinance any person becomes entitled to a right to recover contribution in respect of any damage from any other person, no action to recover contribution by virtue of that right shall (subject to sections 22 and 26) be brought after the end of the period of 2 years from the date on which that right accrued. (2) For the purposes of this section the date on which a right to recover contribution in respect of any damage accrues to any person (in this subsection referred to as "the relevant date") shall be ascertained as follows, that is to say- (a) if the person in question is held liable in respect of that damage by a judgment given in any civil proceedings, or an award made on any arbitration, the relevant date shall be the date on which the judgment is given, or the date of the award, as the case may be; (b) if, in any case not falling within paragraph (a), the person in question makes or agrees to make any payment to one or more persons in compensation for that damage (whether he admits any liability in respect of the damage or not), the relevant date shall be the earliest date on which the amount to be paid by him is agreed between him (or his representa- tive) and the person (or each of the persons, as the case may be) to whom the payment is to be made, -
2026-05-04 23:08:12 · Baseline
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6

CAP. 3471

(1939 c. 21.)

1975 c. 54, Schedule.

Limitation in case of successive conversions and extinction of title of owner of converted goods.

1939 c. 21, s. 3.

Time limit for claiming contribution.

1978 c. 47, Sch. 1, para. 6.

(Cap. 377.)

Limitation

[1986 Ed.

(6) Subsection (1) shall apply to an action to recover seamen's wages, but save as aforesaid this section shall not apply to any cause of action within the Admiralty jurisdiction of the High Court which is enforceable in rem.

(7) This section shall not apply to any claim for specific perform- ance of a contract or for an injunction or for other equitable relief, 'except in so far as any provision thereof may be applied by the court by analogy in like manner as the corresponding enactment con- tained in the Limitation Act 1939 is applied in the English Courts.

(8) This section has effect subject to section 27. (Added, 67 of 1976, s. 3)

5.

(1) Where any cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person and, before he recovers possession of the chattel, a further conversion or wrongful detention takes place, no action shall be brought in respect of the further conversion or detention after the expiration of 6 years from the accrual of the cause of action in respect of the original conversion or detention.

(2) Where any such cause of action has accrued to any person and the period prescribed for bringing that action and for bringing any action in respect of such a further conversion or wrongful detention as aforesaid has expired and he has not during that period recovered possession of the chattel, the title of that person to the chattel shall be extinguished.

6. (1) Where under section 3 of the Civil Liability (Contri- bution) Ordinance any person becomes entitled to a right to recover contribution in respect of any damage from any other person, no action to recover contribution by virtue of that right shall (subject to sections 22 and 26) be brought after the end of the period of 2 years from the date on which that right accrued.

(2) For the purposes of this section the date on which a right to recover contribution in respect of any damage accrues to any person (in this subsection referred to as "the relevant date") shall be ascertained as follows, that is to say-

(a) if the person in question is held liable in respect of that damage by a judgment given in any civil proceedings, or an award made on any arbitration, the relevant date shall be the date on which the judgment is given, or the date of the award, as the case may be;

(b) if, in any case not falling within paragraph (a), the person in question makes or agrees to make any payment to one or more persons in compensation for that damage (whether he admits any liability in respect of the damage or not), the relevant date shall be the earliest date on which the amount to be paid by him is agreed between him (or his representa- tive) and the person (or each of the persons, as the case may be) to whom the payment is to be made,

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