【法规名称】
【法规编号】 79647 什么是编号？
【正 文】
第4页 CAP 545 LAND (COMPULSORY SALE FOR REDEVELOPMENT) ORDINANCE
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[接上页] (10) The Tribunal may make an order amending an order for sale by appointing a new trustee or trustees either in substitution for or in addition to any existing trustee or trustees under the order for sale (even though there is no existing trustee)- (a) upon the application of the trustees under the order for sale or the majority owner or minority owner of the lot; and (b) if the Tribunal is of the opinion that it is expedient to do so.(11) The remuneration referred to in subsection (1)(c)(ii) to be paid to the trustees under an order for sale shall be paid by the majority owner of the lot the subject of the order. (12) Where- (a) an application under section 3(1) is made by a majority owner consisting of 2 or more persons; and (b) any of those persons (or if the undivided share in the lot owned by any such person has been assigned, his successor in title) informs the Tribunal, at any time before an order for sale, if any, is made on the application, that he no longer wishes to be a party to the application,then the application shall thereupon be deemed to be withdrawn irrespective of the percentage of undivided shares in the lot the subject of the application owned by the other persons or their successors in title (if applicable) who wish to remain as parties to the application. (13) Where the Tribunal refuses to make an order for sale, the majority owner in the application made under section 3(1) shall, as soon as practicable thereafter, cause the registration referred to in section 3(3)(b) of the application to be vacated under section 20 of the Land Registration Ordinance (Cap 128). Cap 545 s 5 Lot to be sold by auction or other means and default on payment by the purchaser of the lot (1) Where an order for sale is granted and the trustees under the order have complied with section 7(1) in respect of the lot the subject of the order- (a) subject to paragraph (b), the lot shall be sold by public auction in accordance with the conditions specified in Schedule 2; or (b) if the whereabouts of each minority owner of the lot is known, the lot may be sold by any other means- (i) agreed in writing by each minority owner and majority owner of the lot; (ii) approved by the Tribunal in its absolute discretion; and (iii) in accordance with such conditions, if any, as the Tribunal specifies in directions.(2) Where the trustees under an order for sale receive- (a) at any time before there is a purchaser of the lot the subject of the order; and (b) if the whereabouts of each minority owner of the lot is known, notices in writing- (i) from each majority owner and minority owner of the lot the subject of the order; and (ii) expressly stating that they each do not want the lot to be sold,then that order shall immediately be deemed to be of no effect as if it had been cancelled by the Tribunal. (3) Where the purchaser of a lot the subject of an order for sale defaults on a payment for the lot- (a) the trustees under the order shall, with the agreement in writing of the majority owner and minority owner of the lot, institute legal proceedings to seek- (i) relief for the loss and damages caused to the owners by reason of the purchaser's default; (ii) specific performance of the purchaser's agreement to purchase the lot, as may be applicable; and(b) subject to paragraph (a), the deposit money paid by the purchaser of the lot shall be forfeited to the trustees for the benefit of the majority owner and minority owner of the lot.(4) Where the lot the subject of an order for sale is not sold- (a) subject to paragraph (b), within the 3 months immediately following the date on which the order is made; or (b) within such further period of 3 months as the Tribunal may specify in directions given on application made to it by the trustees under the order or the majority owner or any minority owner of the lot,then that order shall immediately be deemed to be of no effect as if it had been cancelled by the Tribunal. (5) It is hereby declared that- (a) if the lot the subject of an order for sale is to be sold by auction, it shall be sold to the highest bidder at the auction; (b) nothing in this Ordinance shall operate to prevent the majority owner or any minority owner of the lot the subject of an order for sale from being the purchaser of the lot. Cap 545 s 6 Amount to be paid to trustees where majority owner or minority owner is successful purchaser (1) The majority owner of a lot the subject of an order for sale who is the purchaser of the lot- (a) subject to paragraph (b), is not required to pay to the trustees under the order the full purchase price; but (b) is required to pay to the trustees not less than that proportion of that amount that the trustees calculate is necessary- (i) for the majority owner to purchase all the undivided shares in the lot not already owned by the majority owner; and (ii) to enable the trustees to comply with section 11(2) to the extent that any liability due to the Government in respect of the lot, or compensation payable to any tenant, referred to in that section is attributable to the majority owner.(2) Subsection (1) shall apply to any minority owner of a lot the subject of an order for sale who is the purchaser of the lot as it applies to the majority owner of a lot the subject of an order for sale who is the purchaser of the lot. |
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