Hong Kong Ordinances

LIMITATION ORDINANCE - SECT 28

Time limit for actions under Fatal Accidents Ordinance (Cap 22)

(1) This section has effect subject to section 30.

(2) An action under the Fatal Accidents Ordinance ( Cap 22) shall not be
brought if the death occurred when the person injured could no longer maintain
an action and recover damages in respect of the injury

(whether because of a time limit in this Ordinance or in any other Ordinance,
or any other reason); and where any such action by the injured person would
have been barred by the time limit in section 27, no account shall be taken of
the possibility of that time limit being overridden under section 30.

(3) An action under the Fatal Accidents Ordinance ( Cap 22) shall not be
brought after the expiration of 3 years from-

   (a)  the date of death; or

   (b)  the date of knowledge of the person for whose benefit the action is
        brought, whichever is the later.

(4) Subsection (3) shall not apply to an action for which a period of
limitation is prescribed by or under any Ordinance other than this Ordinance,
and section 27 shall not apply to an action under the Fatal 
Accidents Ordinance ( Cap 22).

(5) An action under the Fatal Accidents Ordinance ( Cap 22) shall be one to
which section 22 applies, but otherwise sections 22 to 26, inclusive, and Part
IV shall not apply to the action. (Replaced 67 of 1976 s. 5) [cf. 1975 c. 54
s. 1 U.K.]