【法规名称】
【法规编号】 79681 什么是编号？
【正 文】
第3页 CAP 219 CONVEYANCING AND PROPERTY ORDINANCE
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[接上页] (2) Upon payment into court of the sum referred to in subsection (1), the court may, if it thinks fit, and either after or without any notice to the encumbrancer, as the court thinks fit, declare the land to be free from the encumbrance, and make any order for conveyance or vesting order as appropriate, and give directions for the retention and investment of the sum of money paid into court and for the payment or application of the income thereof, and for the payment of an amount certified by the court to be the reasonable costs of the applicant in making the application, such amount to be deducted from the sum of money paid into court. (3) On application by the encumbrancer or any person entitled to the money or fund in court, the court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof. (4) In this section, "court" (法院) means the Court of First Instance unless the party to the application submits to the jurisdiction of the District Court. (Added 32 of 2000 s. 7) Cap 219 s 13 Proof of title and recitals Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) Unless the contrary intention is expressed, a purchaser of land shall be entitled to require from the vendor, as proof of title to that land, only production of the Government lease relating to the land sold and- (Amended 29 of 1998 s. 105) (a) proof of title to that land- (i) where the grant of the Government lease was less than 15 years before the contract of sale of that land, extending for the period since that grant; or (Amended 29 of 1998 s. 105) (ii) in any other case, extending not less than 15 years before the contract of sale of that land commencing with an assignment, a mortgage by assignment or a legal charge, each dealing with the whole estate and interest in that land; (Replaced 31 of 1988 s. 6)(b) production of any document referred to in the assignment, mortgage or charge mentioned in paragraph (a) creating or disposing of an interest, power or obligation, which is not shown to have ceased or expired and subject to which any part of that land is disposed of; and (c) production of any power of attorney under which any document produced is executed where that document was executed less than 15 years before the contract of sale of that land. (Amended 31 of 1988 s. 6)(2) Where this section requires the production of any document, it shall be sufficient to produce a copy- (a) attested, before 1 November 1984, by 2 solicitors' clerks; or (b) certified by a public officer or a solicitor,to be a true copy. (Amended 31 of 1988 s. 6) (3) Subject to subsection (1), where any document produced as proof of title to any land contains a recital of any document dated or made before the date from which a vendor is required to prove title, the purchaser of that land shall assume, unless the contrary is proved, that- (a) the recital is correct; (b) the recital gives all the material contents of the document recited; and (c) the document recited was duly executed and perfected.(4) A recital, statement, and description of any fact, matter or party contained in any document of title, mortgage, declaration or power of attorney relating to any land and dated or made not less than 15 years before the contract of sale of that land shall, for the purposes of any question as to proof of title concerning the parties to that contract and unless the contrary is proved, be sufficient evidence of the truth of that recital, statement and description. (4A) Where any document is or has been produced by a vendor as proof of title to any land and that document purports to have been executed, not less than 15 years before the contract of sale of that land, under a power of attorney, it shall for the purposes of any question as to the title to that land be conclusively presumed- (a) as between the parties to that contract; and (b) in favour of the purchaser under that contract as against any other person,that the power of attorney- (i) was validly executed; (ii) was in force at the time of the execution of that document; and (iii) validly authorized the execution of that document. (Added 31 of 1988 s. 6)(5) This section affects only the rights and obligations of the parties to a contract for the sale of land entered into after the commencement of this section. Cap 219 s 14 Conversion of equitable interest to legal estate where right to Government lease Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) Where a person has a right to a Government lease of any land upon compliance with any conditions precedent, then, upon compliance with those conditions- (a) the equitable interest under that right shall become a legal estate in that land as if held under a Government lease issued in accordance with that right; and (Amended 31 of 1988 s. 7) (b) for the purposes of section 42 and any other law, such a Government lease shall be deemed to have been issued upon compliance with those conditions.(2) Where, under an agreement for a Government lease entered into before 1 January 1970, a person has a right to a Government lease upon compliance with any conditions precedent he shall be deemed, for the purposes of this section, to have complied with those conditions on the commencement of this section. |
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