Hong Kong Ordinances

LIMITATION ORDINANCE - SECT 2

Interpretation

(1) In this Ordinance, unless the context otherwise requires-

"action" (訴訟) includes any proceeding in a court of law;

"the court" (法院), in relation to an action, means the court in which the
action has been, or is intended to be, brought;

"land" (土地) includes corporeal hereditaments and rentcharges, and any
legal or equitable estate or interest therein, including an interest in the
proceeds of the sale of land held upon trust for sale, but save as aforesaid
does not include any incorporeal hereditament;

"personal estate" (非土地遺產) and "personal property" (非土地財產)
do not include chattels real;

"personal injuries" (人身傷害) includes any disease and any impairment of
a
person's physical or mental condition, and "injury" (傷害) shall be
construed accordingly; (Replaced 67 of 1976 s. 2)

"rent" (租金) includes a rentcharge and a rent service;

"rentcharge" (租費) means any annuity or periodical sum of money charged
upon or payable out of land, except a rent service or interest on a mortgage
on land;

"ship" (船舶) includes every description of vessel used in navigation not
propelled solely by oars;

"trust" (信託), "trustee" (受託人) and "trust for sale" (售產信託)
have the same meanings respectively as in the Trustee Ordinance ( Cap 29).

(2) A person shall be deemed to claim through another person, if he became
entitled by, through, under, or by the act of that other person to the right
claimed: Provided that a person becoming entitled to any estate or interest by
virtue of a special power of appointment shall not be deemed to claim through
the appointer.

(3) References in this Ordinance to a right of action to recover land shall
include references to a right to enter into possession of the land or, in the
case of rentcharges, to distrain for arrears of rent, and references to the
bringing of such an action shall include references to the making of such an
entry or distress.

(4) In the case of rentcharges, references in this Ordinance to the possession
of land shall be construed as references to the receipt of the rent, and
references to the date of dispossession or discontinuance of possession of
land shall be construed as references to the date of the last receipt of rent.

(5) In Part III of this Ordinance, references to a right of action shall
include references to a cause of action and to a right to receive money
secured by a mortgage or charge on any property or to recover proceeds of the
sale of land, and to a right to receive a share or interest in the
personal estate of a deceased person; and references to the date of the
accrual of a right of action shall-

   (a)  in the case of an action for an account, be construed as references to
        the date on which the matter arose in respect of which an account is
        claimed;

   (b)  in the case of an action upon a judgment, be construed as references
        to the date on which the judgment became enforceable;

   (c)  in the case of an action to recover arrears of rent or interest, or
        damages in respect thereof, be construed as references to the date on
        which the rent or interest became due. (Amended 31 of 1991 s. 2) [cf.
        1939 c. 21 s. 31 U.K.; 1954 c. 36 s. 2(3) U.K.]

"action" (訴訟)

"the court" (法院)

"land" (土地)

"personal estate" (非土地遺產) and "personal property" (非土地財產)

"personal injuries" (人身傷害)

"injury" (傷害)

"rent" (租金)

"rentcharge" (租費)

"ship" (船舶)

"trust" (信託), "trustee" (受託人) and "trust for sale" (售產信託)