### Limitation Ordinance 《時效條例》

23. Fresh accrual of action on acknowledgment or part payment
(1) Where there has accrued any right of action (including a foreclosure action) to recover land or any right of a mortgagee of personal property to bring a foreclosure action in respect of the property, and—
(a) the person in possession of the land or personal property acknowledges the title of the person to whom the right of action has accrued; or
(b) in the case of a foreclosure or other action by a mortgagee, the person in possession as aforesaid or the person liable for the mortgage debt makes any payment in respect thereof, whether of principal or interest,
the right shall be deemed to have accrued on and not before the date of the acknowledgment or payment. (Amended L.N. 100 of 1968)
(2) Where a mortgagee is by virtue of the mortgage in possession of any mortgaged land and either receives any sum in respect of the principal or interest of the mortgage debt or acknowledges the title of the mortgagor, or his equity of redemption, an action to redeem the land in his possession may be brought at any time before the expiration of 12 years from the date of the payment or acknowledgment.
(3)  Where any right of action has accrued to recover any debt or other liquidated pecuniary claim, or any claim to the personal estate of a deceased person or to any share or interest therein, and the person liable or accountable therefor acknowledges the claim or makes any payment in respect thereof, the right shall be deemed to have accrued on and not before the date of the acknowledgment or the last payment:
Provided that a payment of a part of the rent or interest due at any time shall not extend the period for claiming the remainder then due, but any payment of interest shall be treated as a payment in respect of the principal debt. (Amended L.N. 346 of 1982) 
[cf. 1939 c. 21 s. 23 U.K.]

24. Formal provisions as to acknowledgments and part payments
(1) Every such acknowledgment as aforesaid shall be in writing and signed by the person making the acknowledgment.
(2) Any such acknowledgment or payment as aforesaid may be made by the agent of the person by whom it is required to be made under section 23, and shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made.
[cf. 1939 c. 21 s. 24 U.K.]

### Limitation Ordinance 《時效條例》

26. Postponement of limitation period in case of fraud, concealment or mistake
(1) Subject to subsection (4), where in the case of any action for which a period of limitation is prescribed by this Ordinance, either—
(a) the action is based upon the fraud of the defendant;
(b) any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or
(c) the action is for relief from the consequences of a mistake,
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.
(2) References in subsection (1) to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.
(3) For the purposes of subsection (1), deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty.
(4) Nothing in this section shall enable any action—
(a) to recover, or recover the value of, any property; or
(b) to enforce any charge against, or set aside any transaction affecting, any property,
to be brought against the purchaser of the property or any person claiming through him in any case where the property has been purchased for valuable consideration by an innocent third party since the fraud or concealment or (as the case may be) the transaction in which the mistake was made took place.
(5) A purchaser is an innocent third party for the purposes of this section—
(a) in the case of fraud or concealment of any fact relevant to the plaintiff’s right of action, if he was not a party to the fraud or (as the case may be) to the concealment of that fact and did not at the time of the purchase know or have reason to believe that the fraud or concealment had taken place; and
(b) in the case of mistake, if he did not at the time of the purchase know or have reason to believe that the mistake had been made.
(6) Sections 31 and 32 shall not apply to any action to which subsection (1)(b) applies (and accordingly the period of limitation referred to in that subsection, in any case to which either of those sections would otherwise apply, is the period applicable under section 4(1)).
(Replaced 31 of 1991 s. 12)[cf. 1980 c. 58 s. 32 U.K.]

### Limitation Ordinance 《時效條例》

28. Time limit for actions under Fatal Accidents Ordinance
(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.]

29. Dependants subject to different time limits
(1) This section applies where there is more than one person for whose benefit an action under the Fatal Accidents Ordinance (Cap. 22) is brought.
(2) Section 28(3)(b) shall be applied separately to each of them, and if that would debar one or more of them, but not all, the court shall direct that any person who would be so debarred shall be excluded from those for whom the action is brought unless it is shown that if the action were brought exclusively for the benefit of that person it would not be defeated by a defence of limitation (whether in consequence of section 22, or an agreement between the parties not to raise the defence, or otherwise).
(Replaced 67 of 1976 s. 5)[cf. 1975 c. 54 s. 1 U.K.]

### Limitation Ordinance 《時效條例》

37. Application to the Crown
Save as in this Ordinance otherwise expressly provided and without prejudice to the provisions of section 40, this Ordinance shall apply to proceedings by or against the Crown in like manner as it applies to proceedings between subjects:
Provided that this Ordinance shall not apply to any proceedings by the Crown for the recovery of any tax or duty or interest thereon or to any forfeiture proceedings under the Dutiable Commodities Ordinance (Cap. 109) or any Ordinance relating to duties of excise or to any proceedings in respect of the forfeiture of a ship.[cf. 1939 c. 21 s. 30(1) U.K.]