【法规名称】
【法规编号】 79681 什么是编号？
【正 文】
第9页 CAP 219 CONVEYANCING AND PROPERTY ORDINANCE
|
[接上页] (i) the vendor is the developer of the whole development; and (ii) no assignment of the unit or interest has been executed since the date on which the relevant occupation permit or certificate of compliance was issued in respect of the development.(2) This section also applies to an agreement for the sub-sale and sub-purchase of undivided shares in land, together with a right to exclusive occupation of a unit or other interest in an uncompleted or completed development referred to in subsection (1), but only where a solicitor or solicitor corporation, or 2 or more solicitors practising in partnership or association, is or are authorized, by or under the Legal Practitioners Ordinance (Cap 159), to act for both the sub-vendor and the sub-purchaser of those undivided shares. (3) Any provision of an agreement to which this section applies is void in so far as it would, but for this section, have the effect of requiring the purchaser or sub-purchaser of the undivided shares in the relevant land to pay the costs of the vendor or sub-vendor in or in relation to- (a) preparing, completing, stamping and registering the agreement; or (b) preparing, obtaining approval for and executing any instrument that gives effect to the agreement; or (c) preparing and executing any relevant preliminary agreement.(4) Subsection (3) has effect only where the vendor and purchaser, or the sub-vendor and sub-purchaser, under the agreement have separate legal representation. (5) In this section- "building" (建筑物) has the same meaning as in the Buildings Ordinance (Cap 123); "certificate of compliance" (完工证) means, in relation to land that is the subject of a Government grant, a document signed by or on behalf of the Director of Lands certifying that all of the positive obligations imposed on the grantee, and the grantee's successors and assignees, have been complied with to the satisfaction of that Director; "completed development" (已完成的土地发展项目) means- (a) a development in respect of which an occupation permit or a temporary occupation permit is issued under section 21(2) of the Buildings Ordinance (Cap 123) after the commencement of this section; or (b) a development that is completed after that commencement,and in respect of which any relevant certificate of compliance has been issued or is taken to have been issued, or the requisite consent has been obtained from the Director of Lands;"development" (发展项目) means a development involving the construction of a new building; "preliminary agreement" (初步协议) means an agreement (whether in writing or not) that is entered into with a view to making an agreement for sale and purchase to which this section applies; "stamping" (加盖印花), in relation to an agreement for sale and purchase to which this section applies, does not include the stamp duty payable in respect of the agreement or any document relating to the agreement; "uncompleted development" (未完成的土地发展项目) means a development- (a) for which neither a temporary occupation permit nor an occupation permit has been issued under section 21(2) of the Buildings Ordinance (Cap 123); or (b) that is otherwise uncompleted; or (c) where applicable, for which a certificate of compliance has not been issued or is taken not to have been issued. (Added 94 of 1997 s. 14)___________________________________________________________________ Note: This section does not apply to an agreement for the sale and purchase of undivided shares in land if the agreement was entered into before 8 August 1997. See s. 4 of Schedule 2 to 94 of 1997. Cap 219 s 35 Implied covenants Remarks: Amendments retroactively made - see 29 of 1998 s. 105 PART IV FORMS, COVENANTS AND CONDITIONS (1) There shall be implied- (a) in any assignment of the whole of the interest in land held under a Government lease, the covenant by a person who assigns, and the covenant by a person to whom an assignment is made, mentioned in Part I of the First Schedule; (Amended 31 of 1988 s. 12; 29 of 1998 s. 105) (b) in an assignment to a purchaser for valuable consideration, the covenants, by a person who is expressed to assign as beneficial owner, mentioned in Part II of the First Schedule; (c) in an assignment by way of voluntary disposition, the covenant, by a person who is expressed to assign as donor, mentioned in Part III of the First Schedule; (d) in any assignment, the covenant, by a person who is expressed to assign as trustee, confirmor, mortgagee, legal chargee, personal representative of a deceased person or under an order of court, mentioned in Part IV of the First Schedule; and (e) in a legal charge, the covenants, by a person who is expressed to charge as beneficial owner, mentioned in Part V of the First Schedule.(1A) The covenants implied under subsection (1)(a) shall be covenants to which section 41 applies. (Added 31 of 1988 s. 12) (1B) The benefit of the covenants implied under this section shall run with the land and shall be enforceable by the covenantee and his successors in title and persons deriving title under or through him or them. (Added 31 of 1988 s. 12) |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！