【法规名称】
【法规编号】 79679 什么是编号？
【正 文】
第2页 CAP 256 LAND TRANSACTIONS (ENEMY OCCUPATION) ORDINANCE
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[接上页] Cap 256 s 6 Proceedings in relation to disputes Remarks: Amendments retroactively made-see 25 of 1998 s. 2 (1) If proceedings have been commenced in the original jurisdiction in relation to any dispute or difference between any persons as to the construction or effect of any instrument registered or recorded in the Japanese registers, or as to the liability of any person to assign or reassign or confirm the assignment of any property to which any such instrument purports or is alleged to relate, or as to the form or content of any assignment, reassignment or deed of confirmation to be executed or made by any such person, or as to any other matter or thing arising out of any such instrument or out of the provisions of this Ordinance, the court may, on the application of any party to such dispute or difference- (a) with the written consent of all the parties to such dispute or difference; or (b) if no defendant to such proceedings has entered an appearance therein; or (c) if the court is of the opinion that the action may more conveniently or expeditiously be tried in the District Court,at any stage of the proceedings order that the entry of such action in the original jurisdiction register be transferred to the Register of Civil Actions, District Court, and thereupon the District Court, shall have and may exercise the like jurisdiction both at law and in equity in relation to the said dispute or difference as might have been exercised by the court in its original jurisdiction. (2) In the event of a person who seeks redress under this section being unable to issue a writ because he is unable to ascertain any person who may properly be joined as a defendant he may apply to the court by petition without preliminary service and if it appears to the court by evidence upon affidavit that all reasonable inquiries have been made and that the case is one to which this subsection applies then the case shall proceed on petition and- (a) unless the court otherwise directs it shall not be necessary to serve the proceedings upon any person or to have recourse to any form of substituted service; (b) Order 9, rule 2 of the Rules of the High Court (Cap 4 sub. leg.) shall apply; (Amended 25 of 1998 s. 2) (c) the court shall give all necessary and consequential directions.(3) In dealing with any proceedings under this section the court shall have power to order that the Registrar should execute in lieu of any defendant, including a defendant who cannot be ascertained within the meaning of subsection (2), any deed which such defendant could be required to execute under this Ordinance. (4) Every judgment of the court in an action relating to any such dispute or difference shall be reduced into writing and shall forthwith be registered in the Land Registry by the successful party in such action. (Amended 8 of 1993 s. 2) Cap 256 s 7 Deletion, etc., of green ink entries by Land Registrar (1) The Land Registrar may, and shall be deemed always to have had power to- (a) delete any green ink entry which he is satisfied should not have been made; (b) make any green ink entry which he is satisfied should have been made; and (c) vary or add to any such entry when he is satisfied that such variation or addition is necessary,and any such deletion, variation or addition shall be attested and verified by the signature of the Land Registrar. (2) The Land Registrar shall delete any green ink entry recording or evidencing the purported discharge of a debt which by reason of the Debtor and Creditor (Occupation Period) Ordinance (24 of 1948), is deemed to have been wholly or partly undischarged or any green ink entry depending for its validity on the valid discharge of such a debt. (3) Any person aggrieved on the ground that a green ink entry should not have been made or is incorrect or on the ground that the appropriate green ink entry has not been made or is no longer subsisting may apply for redress to the court by summary petition verified upon oath and the court may thereupon take such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires. A copy of every such petition shall be delivered to the Land Registrar as soon as may be after the issue thereof. (Amended 8 of 1993 s. 3) Cap 256 s 8 Saving Notwithstanding anything hereinbefore contained, in any action for specific performance founded on this Ordinance- (a) it shall be a valid defence for a person who has been required to assign or confirm in accordance with the provisions hereof, to show that the Japanese assignment in respect of which such assignment or confirmation was required is void or voidable at his instance or would have been void or voidable at his instance but for the enactment of this Ordinance; (b) a defendant shall be entitled to rely upon any defence not inconsistent with this Ordinance upon which he would have been entitled to rely had this Ordinance not been passed. Cap 256 s 9 Rules Remarks: |
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