Hong Kong Ordinances

LIMITATION ORDINANCE - SECT 4

Limitation of actions of contract and tort, and certain other actions

Actions of contract and tort and certain other actions

(1) The following actions shall not be brought after the expiration of 6 years
from the date on which the cause of action accrued, that is to say-

   (a)  actions founded on simple contract or on tort;

   (b)  actions to enforce a recognizance;

   (c)  actions to enforce an award, where the submission is not by an
        instrument under seal;

   (d)  actions to recover any sum recoverable by virtue of any Ordinance or
        imperial enactment, other than a penalty or forfeiture or sum by way
        of penalty or forfeiture: Provided that-

        (i)    (Repealed 31 of 1991 s. 4)

        (ii)   nothing in this subsection shall be taken to refer to any
               action to which section 6 applies.

(2) An action for an account shall not be brought in respect of any matter
which arose more than 6 years before the commencement of the action.

(3) An action upon a specialty shall not be brought after the expiration of 12
years from the date on which the cause of action accrued: Provided that this
subsection shall not affect any action for which a shorter period of
limitation is prescribed by any other provision of this Ordinance.

(4) An action shall not be brought upon any judgment after the expiration of
12 years from the date on which the judgment became enforceable, and no
arrears of interest in respect of any judgment debt shall be recovered after
the expiration of 6 years from the date on which the interest became due.

(5) An action to recover any penalty or forfeiture, or sum by way of penalty
or forfeiture, recoverable by virtue of any Ordinance or imperial enactment
shall not be brought after the expiration of 2 years from the date on which
the cause of action accrued:
Provided that for the purposes of this subsection the expression "penalty"
(罰金) shall not include a fine to which any person is liable on conviction
of a criminal offence.

(6) Subsection (1) shall apply to an action to recover seamen's wages, but
save as aforesaid this section shall not apply to any cause of action within
the Admiralty jurisdiction of the High Court which is enforceable in rem.

(7) This section shall not apply to any claim for specific performance of a
contract or for an injunction or for other equitable relief, except in so far
as any provision thereof may be applied by the  court by analogy in like
manner as the corresponding enactment contained in the Limitation Act 1980
(1980 c. 58 U.K.) is applied in the English Courts. (Amended 31 of 1991 s. 4)

(8) (Repealed 31 of 1991 s. 4) [cf. 1939 c. 21 s. 2 U.K.; 1954 c. 36 s. 2(1)
U.K.]

"penalty" (罰金)