Hong Kong Ordinances

LIMITATION ORDINANCE - SECT 6

Time limit for claiming contribution

(1) Where under section 3 of the Civil Liability (Contribution)  Ordinance (
Cap 377) any person becomes entitled to a right to recover contribution in
respect of any damage from any other person, no action to recover contribution
by virtue of that right shall (subject to sections 22 and 26) be brought after
the end of the period of 2 years from the date on which that right accrued.

(2) For the purposes of this section the date on which a right to recover
contribution in respect of any damage accrues to any person (in
this subsection referred to as "the relevant date") shall be ascertained as
follows, that is to say-

   (a)  if the person in question is held liable in respect of that damage by
        a judgment given in any civil proceedings, or an award made on any
        arbitration, the relevant date shall be the date on which the judgment
        is given, or the date of the award, as the case may be;

   (b)  if, in any case not falling within paragraph (a), the person in
        question makes or agrees to make any payment to one or more persons in
        compensation for that damage (whether he admits any liability in
        respect of the damage or not), the relevant date shall be the earliest
        date on which the amount to be paid by him is agreed between him (or
        his representative) and the person (or each of the persons, as the
        case may be) to whom the payment is to be made, and for the purposes
        of this subsection no account shall be taken of any judgment or award
        given or made on appeal in so far as it varies the amount of damages
        awarded against the person in question. (Replaced 77 of 1984 s. 10)
        [cf. 1978 c. 47 Sch. 1 para. 6 U.K.]