Hong Kong Ordinances

LIMITATION ORDINANCE - SECT 12

Accrual of right of action in case of certain tenancies

(Past version on 30/06/1997).

Amendments retroactively made - see 29 of 1998 s. 105

(1) A tenancy at will shall, for the purposes of this Ordinance, be deemed to
be determined at the expiration of a period of 1 year from the commencement
thereof, unless it has previously been determined, and accordingly the right
of action of the person entitled to the land subject to the tenancy shall be
deemed to have accrued on the date of such determination.

(2) A tenancy from year to year or other period, without a lease in writing,
shall, for the purposes of this Ordinance, be deemed to be determined at the
expiration of the first year or other period, and accordingly the right of
action of the person entitled to the land subject to the tenancy shall be
deemed to have accrued at the date of such determination: Provided that, where
any rent has subsequently been received in respect of the tenancy, the right
of action shall be deemed to have accrued on the date of the last receipt of
rent.

(3) Where any person is in possession of land by virtue of a lease in writing
by which a rent of not less than $20 is reserved, and the rent is received by
some person wrongfully claiming to be entitled to the land in reversion
immediately expectant on the determination of the lease, and no rent is
subsequently received by the person rightfully so entitled, the right of
action of the last-named person to recover the land shall be deemed to have
accrued at the date when the rent was first received by the person wrongfully
claiming as aforesaid and not at the date of the determination of the lease.

(4) Subsections (1) and (3) shall not apply to any tenancy at will or lease
granted by the Government. (Amended 29 of 1998 s. 105) [cf. 1939 c. 21 s. 9
U.K.]