ENFORCEMENT OF RIGHTS (EXTENSION OF TIME) ORDINANCE

ENFORCEMENT OF RIGHTS (EXTENSION OF TIME) ORDINANCE

LAWS OF HONG KONG

ENFORCEMENT OF RIGHTS (EXTENSION OF TIME)

ORDINANCE

CHAPTER 252





CHAPTER 252.

ENFORCEMENT OF RIGHTS (EXTENSION OF TIME).

Toextend the period during which legal proceedings may be
instituted and rights may be exercised.

[16th July, 1948.1

1. This Ordinance may be cited as the Enforcement of Rights
(Extension of Time) Ordinance.

2. In this Ordinance, unless the context otherwise requires

'debt' means any form of claim for payment of or obligation to pay
money;

'disability period' means the period from the 8th day of December, 1941,
to the commencement of this Ordinance;

'legal proceedings' means any proceedings which might have been
instituted at any time during the disability period before a
competent court, tribunal or arbitrator and any defence,
counterclaim, set-off, rebuttal, reply or objection which might have
been made or relied upon before any such court, tribunal or
arbitrator;

'period of limitation' means any period (whether prescribed by any
enactment, instrument or otherwise and whether of definite or
indefinite duration) which, by reason of the lapse thereof and by
reason of the rules of law and principles of equity applicable to the
Colony has. or would but for this Ordinance have, the effect of
extinguishing any title, estate, interest or right or barring or
prohibiting any right or the exercise thereof or any remedy for the
enforcement or exercise of any right;

'person' includes an association of persons;

'right' means any right, remedy, power, option, privilege or facility.

3. Save to the extent hereinafter appearing the failure of a person
during the disability period to institute or take any step in legal
proceedings to enforce a debt or to avail himself, whether by legal
proceedings or otherwise, of any right shall have no effect for the
purpose of any period of limitation or for the purpose of any equitable
doctrine of laches or acquiescence and, save to the extent hereinafter
appearing, the rules of law and principles of equity shall in such matters
as aforesaid be applied as if no period of time had elapsed between the
7th day of December, 1941, and the commencement of this Ordinance.





4. In the case of any debt to which by article 6 of the Moratorium
Proclamation the moratorium was declared not to apply, section 3 shall
have effect as if the disability period did not include any period
subsequent to the 1st day of May, 1946, and as if the words---andthe 1st
day of May, 1946' were therein substituted for the words 'and the
commencement of this Ordinance'.

5. Notwithstanding the above provisions, in any case in which the
court is satisfied that a person was at any material time after the 31st day
of August, 1945, able by himself or an agent effectively to exercise any
right, not being

(a) a right ancillary to or for better securing a right to

recover or enforce any debt to which the Moratorium
Proclamation applied; or

(b) a right conferred, confirmed, declared or amplified by the

Land Transactions (Enemy Occupation) Ordinance,

then the court may, in its discretion, take into consideration for the
purpose of any equitable doctrine of laches or acquiescence the failure
to exercise such a right, not being a failure attributable to a reasonable
expectation that provision affecting such a right would be made by
some enactment applicable to the Colony.

6. This Ordinance shall bind the Crown.
Originally 38 of 1948. (Cap. 252, 1950.) Short title. Interpretation. Exclusion of disability period from period of limitation or for purposes of laches or acquiescence. Disability period to end on 1st certain cases. Ability to exercise a right effectively may further reduce disability period. (Cap. 256.) Ordinance binding upon Crown.

Originally 38 of 1948. (Cap. 252, 1950.) Short title. Interpretation. Exclusion of disability period from period of limitation or for purposes of laches or acquiescence. Disability period to end on 1st certain cases. Ability to exercise a right effectively may further reduce disability period. (Cap. 256.) Ordinance binding upon Crown.

https://oelawhk.lib.hku.hk/items/show/2988

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