【法规名称】
【法规编号】 79681 什么是编号？
【正 文】
第8页 CAP 219 CONVEYANCING AND PROPERTY ORDINANCE
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[接上页] (2) Any rent, covenant or provision mentioned in subsection (1) shall be capable of being recovered, received, enforced, and taken advantage of, by the person from time to time entitled, subject to the term granted by the lease, to the income of the whole or any part, as the case may require, of the land leased. (3) Where the person mentioned in subsection (2) becomes entitled as mentioned in that subsection by assignment or otherwise, the rent, covenant or provision mentioned in subsection (1) may be recovered, received, enforced or taken advantage of by him notwithstanding that he becomes so entitled after the condition of re-entry or forfeiture has become enforceable, but this subsection does not render enforceable any condition of re-entry or other condition waived or released before such person becomes entitled as aforesaid. (4) This section applies to leases made before or after the commencement of this section, but does not affect the operation of- (a) any severance of the reversionary estate; or (b) any acquisition by assignment or otherwise of the right to receive or enforce any rent covenant or provision,effected before the commencement of this section. (5) Nothing in this section shall affect the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap 126). (Amended 29 of 1998 s. 54) [cf. 1925 c. 20 s. 141 U.K.] Cap 219 s 32 Obligation of lessor's covenants to run with reversion Remarks: Amendments retroactively made - see 29 of 1998 s. 54 (1) The obligation under a condition or of a covenant entered into by a lessor with reference to the subject-matter of the lease shall, if and as far as the lessor has power to bind the reversionary estate immediately expectant on the term granted by the lease, be annexed and incident to and shall go with that reversionary estate, or the several parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is from time to time vested by assignment, devolution in law, or otherwise; and, if and as far as the lessor has power to bind the person from time to time entitled to that reversionary estate, the obligation aforesaid may be taken advantage of and entered against any person so entitled. (2) This section applies to leases made before or after the commencement of this section, whether the severance of the reversionary estate was effected before or after such commencement. (3) This section takes effect without prejudice to any liability affecting a covenantor or his estate. (4) Nothing in this section shall affect the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap 126). (Amended 29 of 1998 s. 54) [cf. 1925 c. 20 s. 142 U.K.] Cap 219 s 33 Lessor or mortgagee to have benefit of informal insurance The person entitled to the benefit of a covenant on the part of a lessee or mortgagor to insure against loss or damage by fire shall, on loss or damage by fire happening, have the same advantage from any then subsisting insurance relating to the building covenanted to be insured which has been effected by the lessee or mortgagor in respect of his interest under the lease or in the property or by any person claiming under him, but not effected in conformity with the covenant, as he would have from an insurance effected in conformity with the covenant. Cap 219 s 34 Protection of purchaser against forfeiture under covenant for insurance Remarks: Amendments retroactively made - see 29 of 1998 s. 54 (1) Where, on the bona fide purchase of a leasehold interest under a lease containing a covenant on the part of the lessee to insure against loss or damage by fire, the purchaser is furnished with the written receipt of the person entitled to receive the rent, or his agent, for the last payment of rent accrued due before the completion of the purchase, and there is subsisting at the time of the completion of the purchase an insurance in conformity with the covenant, the purchaser or any person claiming under him shall not be subject to any liability, by way of forfeiture or damages or otherwise, in respect of any breach of the covenant committed at any time before the completion of the purchase of which the purchaser had no notice before the completion of the purchase; but this provision is not to take away any remedy which the lessor or his personal representatives may have against the lessee or his personal representatives for breach of covenant. (2) Nothing in subsection (1) shall affect the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap 126). (Amended 29 of 1998 s. 54) Cap 219 s 34A Provision requiring purchaser to pay costs of vendor void (1) This section applies to an agreement for the sale and purchase of undivided shares in land, together with a right to exclusive occupation of a unit or other interest- (a) in an uncompleted development of the land; or (b) in a completed development of the land where- |
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