Hong Kong Ordinances

LIMITATION ORDINANCE - SECT 25

Effect of acknowledgment or part payment on persons other than the maker or recipient

(1) An acknowledgment of the title to any land or mortgaged personalty by any
person in possession thereof shall bind all other persons in possession during
the ensuing period of limitation.

(2) A payment in respect of a mortgage debt by the mortgagor or any person in
possession of the mortgaged property shall, so far as any right of the
mortgagee to foreclose or otherwise to recover the property is concerned, bind
all other persons in possession of the mortgaged property during the ensuing
period of limitation.

(3) Where 2 or more mortgagees are by virtue of the mortgage in possession of
the mortgaged land, an acknowledgment of the mortgagor's title or of his
equity of redemption by one of the mortgagees shall bind only him and his
successors and shall not bind any other mortgagee or his successors, and where
the mortgagee by whom the acknowledgment is given is entitled to a part of the
mortgaged land and not to any ascertained part of the mortgage debt, the
mortgagor shall be entitled to redeem that part of the land on payment, with
interest, of the part of the mortgage debt which bears the same proportion to
the whole of the debt as the value of the part of the land bears to the whole
of the mortgaged land.

(4) Where there are 2 or more mortgagors, and the title or right to redemption
of one of the mortgagors is acknowledged as aforesaid, the acknowledgment
shall be deemed to have been made to all the mortgagors.

(5) An acknowledgment of any debt or other liquidated pecuniary claim shall
bind the acknowledgor and his successors but not any other person: Provided
that an acknowledgment made after the expiration of the period of limitation
prescribed for the bringing of an action to recover the debt or other claim
shall not bind any successor on whom the liability devolves on the
determination of a preceding estate or interest in property under a settlement
taking effect before the date of the acknowledgment.

(6) A payment made in respect of any debt or other liquidated pecuniary claim
shall bind all persons liable in respect thereof: Provided that a payment made
after the expiration of the period of limitation prescribed for the bringing
of an action to recover the debt or other claim shall not bind any person
other than the person making the payment and his successors, and shall not
bind any successor on whom the liability devolves on the determination of a
preceding estate or interest in property under a settlement taking effect
before the date of the payment.

(7) An acknowledgment by one of several personal representatives of any claim
to the personal estate of a deceased person, or to any share or interest
therein, or a payment by one of several personal representatives in respect of
any such claim shall bind the estate of the deceased person.

(8) In this section the expression "successor" (繼承人), in relation to any
mortgagee or person liable in respect of any debt or claim, means his personal
representatives and any other person on whom the rights under the mortgage or,
as the case may be, the liability in respect of the debt or claim devolve,
whether on death or bankruptcy or the disposition of property or the
determination of a limited estate or interest in settled property or
otherwise. [cf. 1939 c. 21 s. 25 U.K.]

"successor" (繼承人)