Hong Kong Ordinances

LIMITATION ORDINANCE - SECT 31

Special time limit for negligence actions where facts relevant to cause of action are not known at date of accrual

Actions in respect of latent damage not involving personal injuries

(1) This section applies to any action for damages for negligence, other than
one to which section 27 applies, where the earliest date on which the
plaintiff or any person in whom the cause of action was vested before him
first had both-

   (a)  the knowledge required for bringing an action for damages in respect
        of the relevant damage; and

   (b)  a right to bring such an action,

        (referred to in this section as the "date of knowledge") falls after the 
date on which the cause of action accrued.

(2) The period of limitation prescribed by section 4(1) in respect of actions
founded on tort shall not apply to an action to which this section applies.

(3) An action to which this section applies shall not be brought after the
expiration of the period applicable in accordance with subsection (4).

(4) That period is either-

   (a)  6 years from the date on which the cause of action accrued; or

   (b)  3 years from the date of knowledge, if that period expires later than
        the period mentioned in paragraph (a).

(5) In subsection (1) "the knowledge required for bringing an action for
damages in respect of the relevant damage"
(就有關損害而提出損害賠償訴訟所需的知 悉) means knowledge-

   (a)  of such facts about the damage in respect of which damages are claimed
        as would lead a reasonable person who had suffered such damage to
        consider it sufficiently serious to justify his instituting
        proceedings for damages against a defendant who did not dispute
        liability and was able to satisfy a judgment;

   (b)  that the damage was attributable in whole or in part to the act or
        omission which is alleged to constitute negligence;

   (c)  of the identity of the defendant; and

   (d)  if it is alleged that the act or omission was that of a person other
        than the defendant, of the identity of that person and the additional
        facts supporting the bringing of an action against the defendant.

(6) Knowledge that any acts or omissions did or did not, as a matter of law,
involve negligence is irrelevant for the purposes of subsection (1).

(7) For the purposes of this section or section 33 a person's knowledge
includes knowledge which he might reasonably have been expected to acquire-

   (a)  from facts observable or ascertainable by him; or

   (b)  from facts ascertainable by him with the help of appropriate expert
        advice which it is reasonable for him to seek, but a person shall not
        be taken by virtue of this subsection or section 33 to have knowledge
        of a fact ascertainable only with the help of expert advice so long as
        he has taken all reasonable steps to obtain (and, where appropriate,
        to act on) that advice. (Added 31 of 1991 s. 13) [cf. 1980 c. 58 s.
        14A U.K.] "the knowledge required for bringing an action for damages
        in respect of the relevant damage"
        (就有關損害而提出損害賠償訴訟所需的知悉)