【法规名称】
【法规编号】 79659 什么是编号？
【正 文】
第2页 CAP 352 PARTITION ORDINANCE
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[接上页] (2) Where any memorandum is so filed in respect of proceedings, then, unless otherwise ordered by a judge, the proceedings shall, by virtue of this section, be stayed for such period, being not less than 14 days, as may be prescribed, and during such period (unless otherwise ordered by a judge) time fixed by or under any law or otherwise for the doing of any act or the taking of any step in the proceedings shall not run. (3) The filing of a memorandum under this section- (a) shall not operate to prevent the making of- (i) an interlocutory order for an injunction or for the appointment of a receiver or manager or receiver and manager; or (ii) any other order which, in the opinion of a judge, is necessary to prevent an irremediable injustice;(b) unless otherwise ordered by a judge, shall not operate to prevent the institution or continuance of proceedings to obtain, enforce or otherwise carry into effect any order mentioned in paragraph (a) or a decree to the like effect.(4) The period for which proceedings are stayed by virtue of this section may be reduced or extended by order of a judge. (5) The powers of a judge under this section in relation to a memorandum may be exercised by the Registrar, subject to any provisions in the High Court Ordinance (Cap 4) or rules made thereunder in respect of the jurisdiction of the Registrar in proceedings for the grant of an injunction. (Amended 25 of 1998 s. 2) (6) In this section- "judge" (法官), in relation to proceedings, means a judge of the court in which the proceedings are pending; and (Amended 25 of 1998 s. 2) "Registrar" (司法常务官) means the Registrar of the High Court and includes a deputy or assistant registrar. (Amended 25 of 1998 s. 2) (Added 19 of 1987 s. 4) Cap 352 s 4 Partition of property in land (1) In any proceedings instituted under this Ordinance the Court may, subject to subsection (2), make an order for the partition of property in land in any of the following ways- (a) into parcels held by single owners in severalty; (b) into parcels held by 2 or more owners as joint tenants; (c) into parcels held by 2 or more owners as tenants in common,and may partition the property in all those ways or in any combination of them and give all necessary or proper consequential directions. (Amended L.N. 235 of 1996) (2) Where there is a building on any land, the Court shall not partition the property in that land so that part only of a building stands on any parcel into which the property in the land is partitioned unless that part of the building is self-contained and is not connected to the remainder of the building otherwise than by a party-wall or a mutual staircase, or both. (3) No order for partition shall prejudice any person other than a party to the proceedings. [cf. 1540 c. 32 s. 2 U.K.] Cap 352 s 5 Court may apportion rights and obligations and create easements (1) The Court may, at any time after it has made an order under section 4 for the partition of the property, on the application of any person interested or of its own motion, make an order under this section, which order may- (a) apportion or adjust between the several parcels into which the property is partitioned any rights, obligations or liabilities in force in respect of the property; (b) create, as between the several parcels into which the property is partitioned, or any of them, any easement, together with rights and obligations attaching thereto,and any order under this section shall have effect as if all necessary dispositions or agreements had been duly made for that purpose by all persons concerned. (2) In any proceedings under this Ordinance any order made under subsection (1) shall be served on the Director by the person having the conduct of the proceedings. (Added 19 of 1987 s. 5) Cap 352 s 6 Sale of land (1) In any proceedings under this Ordinance, where it appears to the Court that a partition of the property would not be beneficial to all the persons interested by reason of- (a) the nature of the land to which the proceedings relate; (b) the number of the persons interested or presumptively interested; (c) the absence or disability of some of the persons interested; or (d) any other circumstances,the Court may make an order for the sale of the property. [cf. 1868 c. 40 s. 3 U.K.] (2) The Court may exercise its powers under subsection (1), notwithstanding the dissent or disability of any person interested. [cf. 1868 c. 40 s. 3 U.K.] (3) (a) Without prejudice to subsection (1), if any person interested in the property applies to the Court to make an order for the sale of the property instead of an order for partition, then, unless the other persons interested undertake to purchase the interest of the party applying for an order for sale, the Court may, if it thinks fit, make an order for the sale of the property. (b) If an undertaking is given by the other persons interested, the Court may order a valuation of the interest of the person applying for an order for sale in such manner as it thinks fit. [cf. 1868 c. 40 s. 5 U.K.](4) On making an order under subsection (1) or subsection (3), the Court may direct a distribution of the proceeds of the sale and give all other necessary or proper consequential directions. |
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