【法规名称】
【法规编号】 79673 什么是编号？
【正 文】
第6页 CAP 283 HOUSING ORDINANCE
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[接上页] Note: * Commencement date: 13 March 1998 Cap 283 s 17 Remission of rent The Authority may remit, in whole or in part and for such period as it thinks fit, the payment of any rent, premium or other consideration payable under any lease. Cap 283 s 17A Sale of land Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105; 44 of 2000 s. 3 (1) Subject to the conditions of the Government lease in respect of any land in an estate, and subject to the payment of such purchase price and such terms and conditions of payment as the Authority may determine with the prior approval of the Chief Executive, the Authority may sell or otherwise dispose of any such land. (Amended 44 of 2000 s. 3) (2) Subject to the conditions of the Government lease in respect of any land in an estate, the Authority may fix the terms, covenants and conditions on which such land may be sold or otherwise disposed of. (3) The Authority shall determine the eligibility of persons to purchase land in an estate, specify the form of application for the purchase of such land and the information to be provided in such application, and charge such fee in respect of such application as it may determine. (Added 33 of 1978 s. 4. Amended 29 of 1998 s. 105) Cap 283 s 17AA Particular conditions of sale Remarks: Adaptation amendments retroactively made - see 44 of 2000 s. 3 (1) Without prejudice to the general power mentioned in section 17A(2), where- (a) any land in an estate is sold under section 17A to any person; or (b) any land in respect of which the Authority is authorized to nominate purchasers is sold to a person nominated by the Authority,the Director of Housing may stipulate, by notice in the Gazette, that the agreement for sale and purchase and the deed of assignment shall be subject to the terms, covenants and conditions mentioned in the Schedule and the terms, covenants and conditions so stipulated shall be part of the agreement and deed. (Amended 16 of 1988 s. 10) (2) The Chief Executive in Council may amend the Schedule; and any agreement for sale and purchase or any deed of assignment made subject to the terms, covenants and conditions mentioned in the Schedule under subsection (1) shall continue to have effect subject to any amendment of those terms, covenants and conditions under this subsection. (Amended 44 of 2000 s. 3) (3) A statement in any agreement for sale and purchase or deed of assignment mentioned in subsection (1) that the agreement or deed is subject to the terms, covenants and conditions mentioned in the Schedule shall be sufficient evidence, until the contrary is proved, that the Director of Housing has stipulated that the agreement or deed shall be subject to those terms, covenants and conditions. (Amended 16 of 1988 s. 10) (4) For the avoidance of doubt it is declared that notices and stipulations whenever made under subsection (1) are not and have never been subsidiary legislation. (Added 103 of 1991 s. 2) (Added 15 of 1982 s. 6) Cap 283 s 17AB Director of Housing may delegate his function to assess Prevailing Market Value (1) The Director of Housing may delegate his function under paragraph 1(b) of the Schedule to assess Prevailing Market Value to- (a) any person with whom he enters into an agreement in writing to discharge that function; (b) any employee of such person.(2) When the Chief Executive in Council amends the Schedule under section 17AA(2), he may at the same time make consequential amendment to subsection (1). (Added 24 of 1998 s. 5) Cap 283 s 17B Void alienations, etc. (1) Where- (a) (i) land in an estate is sold under section 17A; or (ii) land in respect of which the Authority is authorized to nominate purchasers is sold and the person selling the land acts without the written permission of the Authority; and(b) the person to whom the land is sold purports to mortgage or otherwise charge the land or to assign or otherwise alienate it; and (c) that person acts in breach of- (i) any term or condition of the agreement for sale and purchase or any covenant in the deed of assignment relating to the land; or (ii) in the case of such a mortgage or other charge, any term authorized under paragraph 4(a) of the Schedule as regards the mortgage or other charge,the purported mortgage, other charge, assignment or other alienation, together with any agreement so to mortgage, charge, assign or otherwise alienate, shall be void. (2) Where- (a) land described in subsection (1)(a)(ii) is sold with the written permission of the Authority; and (b) (i) the person to whom the land is sold purports to mortgage or otherwise charge the land and has not the written permission of the Authority so to mortgage or otherwise charge; or (ii) the mortgagee or the person in whose favour the charge is executed acts in breach of any of the terms on which the mortgage or other charge was authorized under paragraph 4 of the Schedule,the purported mortgage or other charge, together with any agreement so to mortgage or otherwise charge, shall be void. |
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