Hong Kong Ordinances

LIMITATION ORDINANCE - SECT 22

Extension of limitation period in case of disability

PART III

EXTENSION OR EXCLUSION OF LIMITATION PERIODS IN CERTAIN CASES

Disability

(1) If on the date when any right of action accrued for which a period of
limitation is prescribed by this Ordinance, the person to whom it accrued was
under a disability, the action may be brought at any time before the
expiration of 6 years from the date when the person ceased to be under a
disability or died, whichever event first occurred, notwithstanding that the
period of limitation had expired: Provided that-

   (a)  this section shall not affect any case where the right of action first
        accrued to some person (not under a disability) through whom the
        person under a disability claims;

   (b)  when a right of action which has accrued to a person under a
        disability accrues, on the death of that person while still under a
        disability, to another person under disability, no further extension
        of time shall be allowed by reason of the disability of the second
        person; (Amended L.N. 100 of 1968)

   (c)  no action to recover land or money charged on land shall be brought by
        virtue of this section by any person after the expiration of 30 years
        from the date on which the right of action accrued to that person or
        some person through whom he claims;

   (d)  this section shall not apply to any action to recover a penalty or
        forfeiture, or sum by way thereof, by virtue of any Ordinance or
        imperial enactment, except where the action is brought by an aggrieved
        party.

(2) If the action is one to which section 27 or 28(3) applies subsection (1)
shall have effect as if for the words "6 years" there were substituted the
words "3 years". (Replaced 67 of 1976 s. 4) [cf. 1975 c. 54 s. 2 U.K.]

(2A) Where this section applies by virtue of section 6, subsection

(1) shall have effect as if for the words "6 years" there were substituted the
words "2 years". (Added 67 of 1976 s. 4)

(3) For the purposes of this section and section 22A, a person shall be deemed
to be under a disability while he is an infant or of unsound mind, and,
without prejudice to the generality of the foregoing provisions of this
subsection, a person shall be conclusively presumed to be of unsound mind
while he is detained in pursuance of any Ordinance or imperial enactment
authorizing the detention of persons of unsound mind, including persons
convicted of offences or awaiting trial, or while he is receiving treatment
voluntarily under the provisions of the Mental Health  Ordinance ( Cap 136).
(Amended 31 of 1991 s. 10) [cf. 1939 c. 21 ss. 22 & 31(2) & (3) U.K.; 1954 c.
36 s. 2(2) U.K.]