Enforcement Of Rights (Extension Of Time) Ordinance

Published: 1997-06-30

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Gazette Number Version Date

Long title 30/06/1997

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

[16 July 1948]

(Originally 38 of 1948 (Cap 252 1950))

Section: 1 Short title 30/06/1997

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

Section: 2 Interpretation 30/06/1997

In this Ordinance, unless the context otherwise requires-
"debt" (債項) means any form of claim for payment of or obligation to pay money;
"disability period" (無行為能力期) means the period from the 8th day of December, 1941, to the commencement of

this Ordinance;
"legal proceedings" (法律程序) 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" (時效期) 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" (人) includes an association of persons;
"right" (權利) means any right, remedy, power, option, privilege or facility.

Section: 3 Exclusion of disability period from period of limitation or

for purposes of laches or acquiescence

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.

Section: 4 Disability period to end on 1st May, 1946, in certain cases 30/06/1997

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 "and the 1st day of May, 1946" were therein substituted for the words "and the
commencement of this Ordinance".

Section: 5 Ability to exercise a right effectively may further reduce

disability period

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

(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 (Cap 256),

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.

Section: 6 Ordinance binding upon Crown 30/06/1997

This Ordinance shall bind the Crown.