(3) The Financial Secretary may, by notice published in the Gazette, determine an amount for the purposes of subsection (1)(a)(ii).
(4) For the avoidance of doubt, it is hereby declared that a notice under subsection (3) is subsidiary legislation.
86. Procedure for claiming indemnity
(1) The Registrar shall, on application in the specified form made to him by an interested person—
- (a) determine whether a right of indemnity has arisen under this Part; and
- (b) if he determines that a right of indemnity—
- (i) has arisen under this Part, offer an indemnity to the person of such value which, in the opinion of the Registrar, satisfies the right;
- (ii) has not arisen under this Part, refuse the application.
(2) The Court shall, on application made to it by an interested person who has made an application under subsection (1) and who has rejected an offer mentioned in subsection (1)(b)(i) or who has had the application refused under subsection (1)(b)(ii)—
- (a) determine whether a right of indemnity has arisen under this Part; and
- (b) if it determines that a right of indemnity has arisen under this Part, determine the amount of the indemnity in accordance with section 85 and award the indemnity accordingly together with, as to the Court appears just, any costs and expenses properly incurred in relation to the matter.
(3) No proceedings may be commenced in the Court for the purposes of determining whether a right of indemnity has arisen under this Part except by a person mentioned in subsection (2).
(4) A person who has accepted an offer under subsection (1)(b)(i) shall not commence any proceedings in the Court under Part 11 or this Part.
87. Time limit for claiming indemnity
A liability to pay an indemnity under this Part shall be deemed to be a simple contract debt and, for the purposes of section 4 of the Limitation Ordinance (Cap. 347), the cause of action shall be deemed to arise at the time when the claimant knows or, but for his own default, might have known, of the existence of his claim.
