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Ord. No. 62/84
CONVEYANCING AND PROPERTY
HONG KONG
No. 62 of 1984
I assent.
L.S.
D. C. BRAY. Deputy to the Governor.
26 July 1984
An Ordinance to make provision relating to conveyancing and the law of property; to make provision concerning agreements and deeds relating to land and other agreements; to make provision for the acquisition and holding of land and other property; to provide for standard agreements and deeds relating to land; to imply certain covenants and other provisions in agreements and deeds relating to land; to revise and consolidate certain miscellaneous provisions relating to land and other matters; and for connected purposes.
[1 November 1984]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
CONVEYANCING AND PROPERTY
Ord. No. 62/84
A389
"land" includes-
(a) land covered by water;
(b) any estate, right, interest or easement in or over any land; and
(c) things attached to land or permanently fastened to anything attached to
land;
"legal charge" means a mortgage expressed to be a legal charge;
"legal estate" means—
(a) a term of years absolute in land;
(b) the legal interest in any easement, right or privilege in or over land for an
interest equivalent to a term of years absolute; and
(c) a legal charge;
"lender", where used in the First, Second and Third Schedules, includes "mortgagee”;
"mortgage" means a security over land for securing money or money's worth; "mortgage money" means the money, or money's worth, secured by a mortgage;
"mortgagee" includes any person claiming under a mortgagee;
"mortgagor" includes any person claiming under a mortgagor;
"sale", in relation to the sale of land, includes the disposition of all or part of the
vendor's estate and interest under a Crown lease;
"term of years absolute” includes a term for less than a year, for a year or years and
a fraction of a year and from year to year.
Short title and commencement.
Interpretation.
PART I
PRELIMINARY
1. (1) This Ordinance may be cited as the Conveyancing and Property Ordinance 1984.
(2) This Ordinance shall come into operation on 1 November 1984.
2. In this Ordinance, unless the context otherwise requires-
"assignment" includes---
(a) the transfer of the whole of the interest in land, or in the whole or part of an
undivided share in land, held under a Crown lease;
(b) a legal charge;
(c) a lease (other than a Crown lease);
(d) a surrender;
(e) an assent; and
(f) every other assurance or conveyance of land by any instrument;
"bankruptcy" includes winding up;
"borrower", where used in the First. Second and Third Schedules, includes "mort-
gagor";
"equitable interest" means any estate, interest or charge in or over land which is not
a legal estate or a freehold;
"instrument" means any document having legal effect except a will;
PART II
GENERAL Rules AffectiNG PROPERTY
3. (1) Subject to section 6(2), no action shall be brought upon any contract Land contracts to for the sale or other disposition of land unless the agreement upon which such action be in writing. is brought, or some memorandum or note thereof, is in writing and signed by the 1925 c. 20, s. 40. party to be charged or by some other person lawfully authorized by him for that purpose.
(2) This section applies to contracts or other dispositions whenever made and does not affect the law relating to part performance or sales by the court.
4.
by deed.
(1) A legal estate in land may be created, extinguished or disposed of only Legal estate to be
(2) This section does not apply to-
(a) an assent in writing by a personal representative;
disposed of etc. by deed.
1925 c. 20, s. 52.
(b) a disclaimer made in accordance with section 59 of the Bankruptcy (Cap. 6.)
Ordinance or section 268 of the Companies Ordinance;
(c) a surrender by operation of law, including a surrender which may, by law,
be effected without writing;
(d) the grant, disposal or surrender of a lease taking effect in possession for a term not exceeding 3 years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without a premium;
(Cap. 32.)