【法规名称】
【法规编号】 79647 什么是编号？
【正 文】
第5页 CAP 545 LAND (COMPULSORY SALE FOR REDEVELOPMENT) ORDINANCE
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[接上页] Cap 545 s 7 Registration of order for sale, etc. (1) The trustees under an order for sale shall cause a copy of- (a) the order; and (b) Schedule 3,to be registered under the Land Registration Ordinance (Cap 128) against the lot to which the order relates and, immediately upon that registration- (i) notwithstanding any other law, there shall by virtue of this section vest in the trustees the power to assign all the estate, right and interest in the lot held by the majority owner and the minority owner of the lot for- (A) the purposes of selling the lot only to the purchaser of the lot (or, if the purchaser is the majority owner or any minority owner, selling such part of the lot which is not already owned by the purchaser); (B) the purposes of discharging the duties imposed on trustees under this Ordinance in relation to the lot; and (C) the purposes of executing any documents required for any of the purposes referred to in subparagraph (A) or (B); and(ii) the conditions specified in Schedule 3 shall be binding on and enforceable against the purchaser and the purchaser's successors in title.(2) A new trustee or trustees appointed by virtue of section 4(10) shall cause a copy of the order appointing him or them to be registered under the Land Registration Ordinance (Cap 128) against the lot to which the order relates and, immediately upon that registration- (a) the order for sale concerned shall be read and have effect to take into account the effect of that first-mentioned order; and (b) the references to "trustees" in subsection (1)(i), and the other provisions of this Ordinance, shall be construed accordingly.(3) Where an order for sale is of no effect by virtue of section 5(2) or (4), the trustees under the order shall as soon as practicable thereafter cause- (a) the registration referred to in subsection (1) of the order and of Schedule 3 (insofar as it relates to the lot); and (b) the registration, if any, referred to in subsection (2) of the order first-mentioned in subsection (2),to be vacated under section 20 of the Land Registration Ordinance (Cap 128). (4) Where the purchaser of the lot the subject of an order for sale is the majority owner or any minority owner of the lot, the power vested under subsection (1)(i) in the trustees under the order to assign all the estate, right and interest in the lot shall cease immediately upon the purchaser becoming the owner of that part of the lot which is not already owned by the purchaser. (5) It is hereby declared that- (a) subsection (1)(i) shall not operate to prevent the majority owner or any minority owner of the lot the subject of an order for sale from assigning all or any part of the estate, right and interest in the lot respectively held by them- (i) at any time before there is a purchaser of the lot; and (ii) that they have the power to assign;(b) where the trustees exercise the power vested under subsection (1)(i) to assign all the estate, right and interest in the lot, then for all purposes the assignment shall be as valid and effectual as if it had been made by the majority owner and minority owner of the lot.(6) The purchaser of the lot shall, not later than 14 days after the day on which he became the owner of the lot, notify the Director of Lands in writing that he became such owner. Cap 545 s 8 Protection of purchaser of lot, etc. (1) Where the lot the subject of an order for sale is sold- (a) immediately upon the purchaser of the lot becoming the owner of the lot all the rights of any prior owner (including the prior owner's assigns or personal representatives) in or over the lot or any part thereof shall absolutely cease except to the extent, if any, specified in the order; (b) notwithstanding the terms of any lease or the provisions of the Landlord and Tenant (Consolidation) Ordinance (Cap 7) but in accordance with such conditions, if any, as the Tribunal specifies in directions- (i) immediately upon the day on which the purchaser of the lot becomes the owner of the lot it shall be deemed, by virtue of this section and for all purposes, that there has on that day been terminated the tenancy of any tenant of any property on the lot who is such a tenant by virtue of any lease entered into at any time before the purchaser became such owner; and (ii) immediately upon the expiration of 6 months immediately following that day, the purchaser is entitled to, and the tenant is required to deliver up, vacant possession of the property.(2) Where there is any tenancy terminated by virtue of subsection (1)(b)(i), the purchaser of the lot to which the tenancy relates shall, not later than 14 days after the day on which he became the owner of the lot, cause a notice, as specified in Schedule 4 and in the Chinese and English languages, to be served on the tenant of the tenancy by leaving the notice with an adult occupier of the property in which the tenant resides and to which the tenancy relates. (3) Subject to subsections (4) and (5), the order for compensation referred to in section 4(6) may relate to compensation- |
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