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[接上页] (5) On a sale under this section the Court may allow any of the persons interested in the property to bid at the sale, on such terms as the Court deems reasonable as to- (a) non-payment of deposit; or (b) setting off or accounting for the purchase money or any part thereof instead of paying the same; or (c) as to any other matters. [cf. 1868 c. 40 s. 6 U.K.] Cap 352 s 7 Application of proceeds of sale Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105 (1) The proceeds of a sale of property under an order under section 6 may, after deduction of the expenses thereof, be paid to trustees appointed by the Court. (Amended L.N. 20 of 1979) (2) Trustees appointed under subsection (1) shall apply the proceeds of sale paid to them in the following order- (a) in the discharge of any liability due to the Government in respect of the property; and then (Amended 29 of 1998 s. 105) (b) in the discharge of any incumbrance affecting the property directed to be sold; and then (c) in payment of the residue to the persons interested. Cap 352 s 8 Vesting order (1) Where any judgment has been given or any order made for a partition or sale of property under this Ordinance, the Court may make a vesting order, consequential thereon, under the Trustee Ordinance (Cap 29). (2) (Repealed 2 of 1972 s. 8) Cap 352 s 9 Jurisdiction of District Court Jurisdiction is hereby conferred on the District Court for the purpose of any proceedings under this Ordinance where the annual rent or the rateable value, determined in accordance with the provisions of the Rating Ordinance (Cap 116), or the annual value of the property in land, whichever is the least, does not exceed the sum mentioned in section 35 of the District Court Ordinance (Cap 336), and in such proceedings a District Judge shall have the power and authority of a judge of the High Court conferred by this Ordinance. (Amended 6 of 1979 s. 3; 79 of 1981 s. 3) Cap 352 s 10 Power to make rules The Chief Justice may make rules in regard to any matter to be prescribed under this Ordinance and dealing generally with all matters of practice and procedure and incidental matters arising out of this Ordinance, and for carrying this Ordinance into effect. (Added 19 of 1987 s. 6) Cap 352 s 11 Transitional Nothing in the Partition (Amendment) Ordinance 1987 (19 of 1987) ("the amending Ordinance") shall affect any proceedings commenced under this Ordinance before the commencement of the amending Ordinance and any such proceedings may be continued under this Ordinance as if the amending Ordinance had not been enacted. (19 of 1987 s. 7 incorporated) |