Limitation of Time in HK Civil Litigation: Q&A
General Questions on Limitation of Civil Actions in Hong Kong
1. What is the law governing the limitation of civil proceedings in Hong Kong?
- The main ones are the Limitation Ordinance and the principles set out in common law cases as to their application.
2. When does the statute of limitations begin to run in Hong Kong?
- The general principle for the running of the statute of limitations under Hong Kong law is that it begins to run when all the elements of the cause of action are present, but the time at which the statute of limitations begins to run (when all the elements of the cause of action are present) for different types of litigation will depend on the particular circumstances of the case.
3. Under what circumstances is the statute of limitations for civil proceedings in Hong Kong interrupted?
- Sections 23 and 24 of the Limitation Ordinance provide that in an action for the recovery of a debt or money for a definite sum of money, or in an action by a successor for the recovery of a claim against a real estate estate estate estate, the limitation period is interrupted and recalculated from the time when the debtor or the person sued acknowledges the claim or actually pays a part of the sum claimed. However, every admission must be in writing and signed by the person making the admission or his agent.
- Unlike the Mainland’s provisions on the interruption of the statute of limitations, a mere demand by the debtor for performance of the debt does not interrupt the statute of limitations. 4.
4. Under what circumstances can the statute of limitations for civil actions be extended in Hong Kong?
- Section 22(1) of the Limitation Ordinance provides that if the claimant is incapacitated at the date on which the cause of action accrues, the statute of limitations may be extended to any time within 6 years from the date on which the person ceases to be incapacitated or the person dies, whichever is the first to occur.
- In the case of a personal injury action, if the claimant is incapacitated at the date the cause of action accrues, the statute of limitations may be extended to any time within 3 years from the date the person ceases to be incapacitated or the person dies, whichever first occurs.
5. Can a civil action be brought in court after the statute of limitations for civil actions has expired?
- No. The action can still be brought in court, but the other party may use the statute of limitations as a defense to defeat the action.
6. What is the statute of limitations applicable to cross-border or foreign-related civil disputes in Hong Kong?
- Under Hong Kong law, according to common law principles, the question of limitation is a procedural matter and the law of the forum applies. That is to say, if the action is brought in a Hong Kong court, the Hong Kong law rules on limitation will apply in principle.
Common Types of Hong Kong Civil Litigation Limitation Issues
7. What is the statute of limitations for contractual disputes in Hong Kong civil litigation?
- Under section 4 of the Limitation Ordinance, unless there is an exception, the statute of limitations for contracts is 6 years from the time when the cause of action accrues (usually when a breach of contract occurs). However, under section 4(2), if the contract is by deed (Deed), the limitation period is 12 years.
8. What is the statute of limitations for civil actions in tort in Hong Kong?
- The general statute of limitations for civil actions in tort is 6 years (3 years for personal injury actions, see below). However, if the tortious damage is not apparent, the action should be brought within 6 years of the tortious act or within 3 years of knowledge of the damage (which should be definite and material, see the Court of Final Appeal’s judgment in Kensland), whichever is the earlier.
9. What is the statute of limitations for personal injury actions in Hong Kong?
- Section 27 of the Limitation Ordinance provides that the statute of limitations for personal injuries is 3 years from the time the action accrued (usually when the injury occurred) or from the time the injury was known to have occurred.
10. What is the statute of limitations for filing an application for ancillary relief after divorce in Hong Kong civil proceedings?
- There is no time limit for a party to bring an application for ancillary relief (including but not limited to division of matrimonial property) against another party following an absolute decree of divorce.
- If an obligation to pay property under a divorce decree has not been fulfilled for more than 12 months, an application for enforcement needs to be approved by the court.
11. How long does adverse possession need to last in order to obtain title to real estate or land through adverse possession in civil proceedings in Hong Kong?
- The duration of adverse possession is 12 years for private land and real estate and 60 years for government land.
12. What is the statute of limitations for civil litigation in Hong Kong?
- Please refer to the article ” Time Limits for Inheritance in Hong Kong ” on our website for more details.
13. What is the statute of limitations for trusts in Hong Kong civil proceedings?
- Under section 20 of the Limitation Ordinance, there is no statute of limitations on actions for fraudulent breach of fiduciary duty by the trustee of a trust, or actions by beneficiaries to recover from the trustee of a trust assets held by him.
- Under section 21 of the Limitation Ordinance, the limitation period for actions in respect of trust matters not expressly provided for in other statutory provisions is 7 years.
- According to the judgment in Hui Chun Ping v Hui Kau Mo [2024] HKCFA 32, section 20 and section 21 of the Limitation Ordinance apply to a constructive trust arising from a presumption of law, with a limitation period of 6 years. 14.
14. What is the statute of limitations for filing an application for enforcement of a civil judgment or arbitral award that has entered into force in civil proceedings in Hong Kong?
- According to section 4(4) of the Limitation Ordinance, the limitation period for enforcement proceedings to enforce a judgment is 12 years from the date of entry into force of the judgment, but the limitation period for the recovery of interest on the judgment debt is 6 years.
15. What is the statute of limitations for filing an application for enforcement of an arbitral award that has already come into effect in civil proceedings in Hong Kong?
- Under section 4(1)(c) of the Limitation Ordinance, the limitation period for bringing an application for enforcement of an arbitral award is 6 years.
16. What is the statute of limitations for enforcing a civil judgment of a Mainland court in Hong Kong?
- Where there is a provision in the MLA treaties between the Mainland and Hong Kong, it is to be complied with and is normally two years. Where there is no such provision, for example, if a mainland judgment is enforced in Hong Kong by way of a re-litigation of the mainland judgment as a cause of action, it would appear that the 12-year limitation period under the Limitation Ordinance should apply in light of Hong Kong’s principle of conflict of laws (which treats the statute of limitations as a procedural matter to be dealt with in accordance with the lex fori concursus).
Note: This article is a general introduction to Hong Kong litigation by our Hong Kong litigation lawyers and is not intended to be legal advice on any specific case. For advice on any specific Hong Kong litigation matters, please contact a solicitor in our Hong Kong litigation team. For a general overview of civil litigation in Hong Kong, please refer to the separate article entitled ” Overview of Civil Litigation Procedures in Hong Kong “.
Relevant Practitioners
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