【法规名称】
【法规编号】 79681 什么是编号？
【正 文】
第2页 CAP 219 CONVEYANCING AND PROPERTY ORDINANCE
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[接上页] (1) Subject to section 6- (a) no equitable interest in land can be created or disposed of except by writing signed by the person creating or disposing of the same, or by his agent thereunto lawfully authorized in writing, or by will, or by operation of law; (b) a declaration of trust respecting land or any interest therein shall be manifested and proved in writing signed by the person who is able to declare such trust or by his will. (Amended 31 of 1988 s. 3)(2) This section does not affect the creation or operation of resulting, implied or constructive trusts. [cf. 1925 c. 20 s. 53 U.K.] Cap 219 s 6 Creation of interest in land by parol (1) All interests in land created by parol and not put in writing and signed by the persons creating the same, or by their agents thereunto lawfully authorized in writing, have, notwithstanding any consideration having been given for the same, the force and effect of interests at will only. (2) Nothing in section 3 or 5 or in subsection (1) shall affect the creation by parol of leases taking effect in possession for a term not exceeding 3 years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without a premium. [cf. 1925 c. 20 s. 54 U.K.] Cap 219 s 7 Savings in regard to sections 5 and 6 Nothing in section 5 or 6 shall- (a) invalidate dispositions by will; (b) affect any interest validly created before the commencement of this section; (c) affect the right to acquire an interest in land by virtue of taking possession; or (d) affect the operation of the law relating to part performance. [cf. 1925 c. 20 s. 55 U.K.] Cap 219 s 8 Severance of joint tenancy (1) A joint tenancy of an estate or interest in land may be severed at law only by- (a) a notice served by a joint tenant on the other joint tenants; or (b) an instrument.(2) A joint tenancy of an estate or interest in land may be severed in equity by a notice served by a joint tenant on the other joint tenants or by any other method that is effective in equity or that would, but for subsection (1), be effective at law. (Replaced 31 of 1988 s. 4) Cap 219 s 9 Presumption in favour of tenancy in common (1) Where a tenancy in the same estate or interest in land vests in 2 or more persons under an instrument or a will, it shall be presumed, unless the contrary intention is expressed in that instrument or will, that the tenancy vests in those persons as tenants in common rather than as joint tenants. (2) This section shall not apply to any instrument or will made before the commencement of this section. (3) This section shall not apply to a tenancy vesting in trustees or personal representatives. (Added 31 of 1988 s. 5) Cap 219 s 10 Corporation may hold as joint tenant (1) A corporation shall be capable of acquiring and holding any property in joint tenancy in the same manner as if it were an individual. (2) Where a corporation is a joint tenant of any property, on its dissolution, that property shall devolve on the other joint tenant. [cf. 1899 c. 20 s. 1 U.K.] Cap 219 s 11 Presumption of survivorship (1) Except for the purposes of section 4(11) of the Intestates' Estates Ordinance (Cap 73), where, after the commencement of this section, 2 or more persons die in circumstances rendering it uncertain that any one of them, or which of them, survived the other or others, such deaths shall, for all purposes affecting the title to property, be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder. (2)-(3) [Amendments incorporated] [cf. 1925 c. 20 s. 184 U.K.] Cap 219 s 12 Application to court by vendor and purchaser Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 61 of 1999 s. 3 (1) A vendor or purchaser of land may apply by petition or by originating summons to the court in respect of any question arising out of or connected with any contract for the sale or exchange of land (not being a question affecting the existence or validity of the contract or relating to compensation payable by the Government or a public body), and the court may make such order upon the petition or originating summons and as to costs as to the court appears just. (61 of 1999 s. 3) (2) In this section, "court" (法院) means the Court of First Instance unless the vendor and purchaser submit to the jurisdiction of the District Court. (Amended 25 of 1998 s. 2) [cf. 1925 c. 20 s. 49 U.K.] Cap 219 s 12A Discharge of encumbrances by the court (1) Where land is subject to any encumbrance, whether immediately realizable or payable or not, and the encumbrancer is out of the jurisdiction, cannot be found or is unknown, or if it is uncertain who the encumbrancer is, the court may, if it thinks fit, on the application of the party for the time being entitled to redeem the encumbrance, direct or allow payment into court of a sum of money sufficient to redeem the encumbrance and any interest thereon. |
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