Extension of limitation period

Extension of limitation period

For civil actions, there is a limitation period, after which actions cannot be brought in respect of an incident. The date of the incident is when the right of action starts to accrue. However, for any right of action with a limitation period that accrues to a person with a disability, time will not start running until the person ceases to be under the disability or dies, and after that, there will be a further period of 6 years before the right of action expires.

This extension of time is not cumulative. If the first person with disability dies and the right of action passes to another person who is also under a disability, the second person does not get a new extension. The limitation period begins to run from the date of the first person’s death, and the action must be brought within 6 years thereafter.

For personal injury cases or actions under the Fatal Accidents Ordinance (Cap. 22), the further period will be 3 years, rather than 6 years. For recovering contribution in respect of any damage from any other person under the Civil Liability (Contribution) Ordinance (Cap. 377), the further period will be 2 years, rather than 6 years.

A disability in this context is defined as including a person of unsound mind. If a person has been detained by an Ordinance that authorizes the detention of persons with unsound mind (such as Part III of the Mental Health Ordinance), or they are voluntarily receiving treatment under the Mental Health Ordinance, they shall conclusively be presumed to be of unsound mind.