【法规名称】
【法规编号】 79681 什么是编号？
【正 文】
第6页 CAP 219 CONVEYANCING AND PROPERTY ORDINANCE
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[接上页] (4) This section applies to transactions wherever effected, but only to deeds executed after the commencement of this section; except that, in the case of powers of appointment of an officer, they apply whether the power was conferred or the appointment was made before or after the commencement of this section. [cf. 1925 c. 20 s. 74 U.K.] Cap 219 s 21 Rights as to execution A person shall be entitled, at his own cost, to require that an assignment to him be executed in the presence of his agent. [cf. 1925 c. 20 s. 75 U.K.] Cap 219 s 22 Presumption as to capacity A party to any instrument shall be presumed, until the contrary is proved, to have full legal capacity to execute that instrument, to bind himself in terms of that instrument and to dispose of or hold any property or rights assigned under that instrument. Cap 219 s 23 Presumption as to due execution An instrument appearing to be duly executed shall be presumed, until the contrary is proved, to have been duly executed. Cap 219 s 23A Proof of title and presumptions of due execution of deed by corporation (1) A deed purporting to be- (a) executed prior to the commencement* of section 9 of the Law Amendment and Reform (Miscellaneous Provisions) Ordinance 2003 (14 of 2003) by or on behalf of a corporation aggregate; and (b) attested by a signatory or more than one signatory, where the signatory or each of the signatories, if more than one, is a person who could have been authorized under the articles of association or other instruments of the corporation,shall, until the contrary is proved, be presumed for the purposes of proof of title to any land to have been duly executed by the purported signatory or signatories, as the case may be, with the authority conferred by the articles of association or other instruments of the corporation, whether or not the source of the authority or the means by which such authority was purportedly conferred is apparent from the deed. (2) Where any deed is or has been produced by a vendor as proof of title to any land and that deed purports to have been executed by a corporation aggregate not less than 15 years before the contract of sale of that land, 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 deed was validly executed. (3) This section applies only to deeds produced as proof of title to any land pursuant to contracts for the sale of such land entered into on or after the commencement* of section 9 of the Law Amendment and Reform (Miscellaneous Provisions) Ordinance 2003 (14 of 2003). (Added 14 of 2003 s. 9)______________________________________________________________________________ Note: * Commencement date: 9 May 2003. Cap 219 s 24 Reservation of rights A reservation of any rights or interests in land may be effected in an assignment of the land in respect of which those rights are exercisable or interests are vested and a regrant of the rights or interests reserved shall not be necessary. Cap 219 s 25 Agreements, assignments etc. by person with or to himself (1) A person may, in one legal capacity, assign to, or agree or covenant with, himself in another legal capacity. (2) An assignment, agreement or covenant- (a) by a person to, or with, himself and another or others; or (b) by a person and another or others to, or with, himself,shall, unless the contrary intention is expressed and otherwise without prejudice to its effect in law, be enforceable between the parties as if that assignment, agreement or covenant were made- (i) in the case of paragraph (a), to, or with, the other or others alone; or (ii) in the case of paragraph (b), by the other or others alone.(3) This section shall not prevent any assignment, agreement or covenant being set aside on the grounds of fraud or breach of trust or other fiduciary relationship. (4) This section shall apply to an assignment, agreement and covenant made or entered into before or after the commencement of this section. (5) This section shall apply to assignments, agreements and covenants relating to land and other property. [cf. 1925 c. 20 ss. 72 & 82 U.K.] Cap 219 s 26 Benefits to non-parties A person may take an immediate or other interest granted to him in land or the benefit of any condition, right of entry, covenant or agreement granted to him over or in respect of land, although he may not be named as a party to the instrument. [cf. 1925 c. 20 s. 56 (1) U.K.] Cap 219 s 27 Description of deeds (1) A deed between parties, to effect its objects, has effect as an indenture although not indented or expressed to be an indenture. (2) A deed, whether or not an indenture, may be described as a deed simply or according to the nature of the transaction intended to be effected. [cf. 1925 c. 20 ss. 56 (2) & 57 U.K.] Cap 219 s 28 Supplemental instruments |
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