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Ord. No. 62/84
CONVEYANCING AND PROPERTY
(2) Where a lessor is proceeding, by action or otherwise, to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor's action, if any, or in any action brought by himself, apply to the court for relief; and the court may grant or refuse relief, as the court, having regard to the proceedings and conduct of the parties under the foregoing provisions of this section, and to all the other circumstances, thinks fit; and in case of relief may grant it on such terms, if any, as to costs, expenses, damages, compensation, penalty, or otherwise, including the granting of an injunction to restrain any like breach in the future, as the court, in the circumstances of each case, thinks fit.
(3) A lessor shall be entitled to recover as a debt due to him from a lessee, and in addition to damages (if any), all reasonable costs and expenses properly incurred by the lessor in the employment of a solicitor and surveyor or valuer, or otherwise, in reference to any breach giving rise to a right of re-entry or forfeiture which, at the request of the lessee, is waived by the lessor, or from which the lessee is relieved, under the provisions of this section.
(4) Where a lessor is proceeding by action or otherwise to enforce a right of re-entry or forfeiture under any covenant, proviso, or stipulation in a lease, or for non-payment of rent, the court may, on application by any person claiming as under-lessee any estate or interest in the property comprised in the lease or any part thereof, either in the lessor's action (if any) or in any action brought by such person for that purpose, make an order vesting, for the whole term of the lease or any less term, the property comprised in the lease or any part thereof in any person entitled as under-lessee to any estate or interest in such property upon such conditions as to execution of any deed or other document, payment of rent, costs, expenses, damages, compensation, giving security, or otherwise, as the court in the circumstances of each case may think fit, but in no case shall any such under-lessee be entitled to require a lease to be granted to him for any longer term than he had under his original sub-lease.
(5) For the purposes of this section-
(a) "lease" includes an original or derivative under-lease; also an agreement for
a lease where the lessee has become entitled to have his lease granted;
(b) "lessee" includes an original or derivative under-lessee, and the persons
deriving title under a lessee;
(c) "lessor" includes an original or derivative under-lessor, and the persons
deriving title under a lessor;
(d) "under-lease" includes an agreement for an under-lease where the under-
lessee has become entitled to have his under-lease granted;
(e) "under-lessce” includes any person deriving title under an under-lessee.
(6) This section applies although the proviso or stipulation under which the right of re-entry or forfeiture accrues is inserted in the lease under any Ordinance.
(7) For the purposes of this section, a lease limited to continue as long only as the lessee abstains from committing a breach of covenant shall be and take effect as a lease to continue for any longer term for which it could subsist, but determinable by a proviso for re-entry on such a breach.
(8) This section does not extend to a covenant or condition against assigning, underletting, parting with the possession, or disposing of the land leased or any part thereof where the breach occurred before the commencement of this section.
(9) This section does not apply to a condition for forfeiture on the bankruptcy of the lessee or on taking in execution of the lessee's interest.
(10) This section does not, save as mentioned in subsection (4), affect the law relating to re-entry or forfeiture or relief in case of non-payment of rent.
(1) This section has effect notwithstanding any stipulation to the contrary.
CONVEYANCING AND PROPERTY
Ord. No. 62/84
(12) Nothing in this section shall affect the provisions of the Crown Rights (Cap. 126.) (Re-entry and Vesting Remedies) Ordinance.
(13) In this section, “court" includes the Lands Tribunal.
(14) This section shall have effect subject to the Landlord and Tenant (Con- (Cap. 7.) solidation) Ordinance and the District Court Ordinance.
PART VII
Voidable DISPOSITIONS
59. (1) No purchase, made bona fide and without fraud, of any interest in property of any kind within Hong Kong shall be opened or set aside merely on the ground of undervalue.
(Cap. 336.)
Purchase not voidable for
undervalue.
A405
31 & 32 Vict. c. 4,
(2) For the purpose of this section, "purchase" shall include every kind of s. 1. disposition under or by which any beneficial interest in any kind of property may be acquired.
60. (1) Subject to subsections (2) and (3), every disposition of property made, whether before or after the commencement of this section, with intent to defraud creditors, shall be voidable, at the instance of any person thereby prejudiced.
(2) This section does not affect the law of bankruptcy for the time being in force.
(3) This section does not extend to any estate or interest in land disposed of for valuable consideration and in good faith or upon good consideration and in good faith to any person not having, at the time of the disposition, notice of the intent to defraud creditors.
Voidability of dispositions to
defraud creditors.
1925 c. 20, s. 172.
61. (1) Every voluntary disposition of land made with intent to defraud a Voluntary subsequent purchaser is voidable at the instance of that purchaser.
disposition of land: how far
(2) For the purposes of this section, no voluntary disposition shall be deemed to voidable as against have been made with intent to defraud by reason only that a subsequent disposition
purchasers. for valuable consideration was made.
1925 c. 20, s. 173.
PART VIII
MISCELLANEOUS
62. (1) Any notice relating to land required or authorized by this Ordinance to Service of notices. be served or given shall be in writing.
(2) Any notice required or authorized by this Ordinance to be served on a mortgagor or lessee shall be sufficient, although only addressed to the mortgagor or lessee by that designation, without his name, or generally to the persons interested, without any name, and notwithstanding that any person to be affected by the notice is absent, under disability, unborn, or unascertained.
(3) Any notice required or authorized by this Ordinance to be served shall be sufficiently served if it is left at the last-known place of abode or business in Hong Kong of the mortgagee, mortgagor, or lessee or other person to be served, or, in case of a notice required or authorized to be served on a mortgagor, is affixed or left for him on the land comprised in the mortgage or lease.
(4) Any notice required or authorized by this Ordinance or a mortgage to be served shall also be sufficiently served if it is sent by post.
(5) Unless the contrary intention is expressed, the provisions of this section shall extend to—
(a) notices required to be served by any instrument affecting land; and (b) notices to terminate any lease.
1925 c. 20, s. 196.