Hong Kong Ordinances

LIMITATION ORDINANCE - SECT 23

Fresh accrual of action on acknowledgment or part payment

Acknowledgment and part payment

(1) Where there has accrued any right of action (including a foreclosure
action) to recover land or any right of a mortgagee of personal property to
bring a foreclosure action in respect of the property, and-

   (a)  the person in possession of the land or personal property acknowledges
        the title of the person to whom the right of action has accrued; or

   (b)  in the case of a foreclosure or other action by a mortgagee, the
        person in possession as aforesaid or the person liable for the
        mortgage debt makes any payment in respect thereof, whether of
        principal or interest, the right shall be deemed to have accrued on
        and not before the date of the acknowledgement or payment. (Amended
        L.N. 100 of 1968)

(2) Where a mortgagee is by virtue of the mortgage in possession of any
mortgaged land and either receives any sum in respect of the principal or
interest of the mortgage debt or acknowledges the title of the mortgagor, or
his equity of redemption, an action to redeem the land in his possession may
be brought at any time before the expiration of 12 years from the date of the
payment or acknowledgement.

(3) Where any right of action has accrued to recover any debt or other
liquidated pecuniary claim, or any claim to the personal estate of a deceased
person or to any share or interest therein, and the person liable or
accountable therefor acknowledges the claim or makes any payment in respect
thereof, the right shall be deemed to have accrued on and not before the date
of the acknowledgment or the last payment: Provided that a payment of a part
of the rent or interest due at any time shall not extend the period for
claiming the remainder then due, but any payment of interest shall be treated
as a payment in respect of the principal debt. (Amended L.N. 346 of 1982) [cf.
1939 c. 21 s. 23 U.K.]