【法规名称】
【法规编号】 79681 什么是编号？
【正 文】
第5页 CAP 219 CONVEYANCING AND PROPERTY ORDINANCE
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[接上页] "law" (法律、法例、法) means any law for the time being in force in, having legislative effect in, extending to or applicable to Hong Kong; "month" (月) means calendar month; "New Kowloon" (新九龙) means the area specified in the Fifth Schedule to the Interpretation and General Clauses Ordinance (Cap 1); "New Territories" (新界) means New Territories within the meaning of section 3 of the Interpretation and General Clauses Ordinance (Cap 1); (Replaced 26 of 1998 s. 44) "occupy" (占用) includes use, inhabit, be in possession of or enjoy the land to which the word relates otherwise than as a mere servant or for the mere purpose of the care, custody or charge thereof; "or" (或), "other" and "otherwise" (其他、以其他形式、在其他情况下) shall be construed disjunctively and not as implying similarity, unless the word "similar" (相类) or some other word of like meaning is added; "per cent" (厘、百分之), when used in relation to a rate of interest payable in any circumstances, means the rate of interest specified payable in respect of a year, unless it is expressly provided that it is payable in respect of any other period; "person" (人、人士、个人、人物、人选) includes any public body or body of persons, corporate or unincorporate; "power" (权、权力) includes any privilege, authority or discretion; "registered" (注册), in relation to a document, means registered under any law applicable to the registration of that document; "sign" (签名、签署) includes, in the case of a person unable to write, the affixing or making of his seal, mark, thumbprint or chop; "year" (年) means a year according to the Gregorian calendar. (Amended 26 of 1998 s. 44) Cap 219 s 16 What an assignment is deemed to include (1) Unless the contrary intention is expressed in the assignment, an assignment shall operate to assign, with the land, all rights, interests, privileges, easements or appurtenances in, over, belonging or appertaining to that land or at the time of the assignment used, held, occupied or enjoyed with that land and things attached to the land or permanently fastened to anything attached to the land. (Amended 31 of 1988 s. 9) (2) This section shall not operate to give to any person a better title than that assigned or any better title than that enjoyed by the assignor. [cf. 1925 c. 20 s. 62 U.K.] Cap 219 s 17 Assignment passes whole estate Unless the contrary intention is expressed in the assignment, an assignment shall operate to assign all the estate, right and interest in the land assigned which the assignor has in that land and which he has the power to assign. [cf. 1925 c. 20 s. 63 U.K.] Cap 219 s 18 Receipt in body of an instrument (1) A receipt for consideration in the body of an instrument shall be a sufficient discharge to the person paying the consideration and, in favour of any other person acting on the faith of the receipt, shall be sufficient evidence of payment. (2) A solicitor producing an instrument containing a receipt for consideration shall be deemed to be authorized to receive that consideration unless the person liable to pay that consideration is served with a notice in writing stating that the solicitor is not so authorized. [cf. 1925 c. 20 ss. 67, 68 & 69 U.K.] Cap 219 s 19 Execution of deed by individual (1) A deed by an individual shall be signed by him. (2) A document shall be presumed to have been sealed by an individual if the document signed by him- (a) describes itself as a deed; or (b) states that it has been sealed; or (c) bears any mark, impression or addition intended to be or to represent a seal or the position of a seal.(3) Subsection (1) applies only to documents executed after the commencement of this section. (4) Subsection (2) applies to a document executed before or after the commencement of this section. (5) This section does not affect any other law by which an individual may authorize another person to sign a deed on his behalf. (Added 31 of 1988 s. 10) Cap 219 s 20 Execution of deed by corporation (1) In favour of a person dealing with a corporation aggregate in good faith, his successors in title and persons deriving title under or through him or them, a deed shall be deemed to have been duly executed by the corporation if the deed purports to bear the seal of the corporation affixed in the presence of and attested by its secretary or other permanent officer of the corporation and a member of the corporation's board of directors or other governing body or by 2 members of that board or body. (Amended 31 of 1988 s. 11) (2) Where a person is empowered to execute a deed by a corporation, he may execute the deed as agent by signing the name of the corporation or his own name and by affixing his own seal. (Amended 31 of 1988 s. 11) (3) Where a corporation aggregate is empowered to execute a deed by another person, an officer appointed for that purpose by the board of directors or other governing body of the corporation may execute the deed in the name of such other person; and where a deed purports to be so executed then the deed shall, in favour of a person dealing with the corporation in good faith, be deemed to have been executed by an officer duly authorized. |
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