Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 88

Recovery of indemnity paid

not yet in operation

(1) Where an indemnity is paid for a loss, the Government shall be entitled to
recover the amount paid from any persons who have caused or substantially
contributed to the loss by their fraud, in proportion to their respective
contributions to the loss.

(2) The Government shall be entitled to enforce any express or implied
covenant or other right which the person who is indemnified would have been
entitled to enforce in relation to the matter in respect of which indemnity
has been paid.

(3) For the avoidance of doubt, it is hereby declared that subsections (1) and
(2) shall not operate to prevent a person to whom an indemnity has been paid
from taking any legal proceedings or enforcing any right to recover any amount
of damages that, by virtue of the operation of section 85(1)(a), he has not
been able to recover from the Land Titles  Indemnity Fund.