HONG KONG LEGISLATIVE COUNCIL — 1 June 1988
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1531
Proposed amendments
Clause 1
That clause I be amended by deleting '1987' and substituting the following-
'1988'.
Clause 3
That clause 3 be amended by deleting the new section 8 and substituting the following
'Severance of 8. (1) A joint tenancy of an estate or interest in land may be joint tenancy. severed at law only by-
Clause 5
(a) a notice served by a joint tenant on the other joint tenants; or
(b) an instrument.
(2) A joint tenancy of an estate or interest in land may be severed in equity by a notice served by a joint tenant on the other joint tenants or by any other method that is effective in equity or that would, but for subsection (1), be effective at law.'.
That clause 5 be amended-
(a) by deleting 'extending at least 15 years' and substituting the following-
'extending not less than 15 years';
(b) by deleting ‘on sale';
(c) by deleting the new subsection (4A) and substituting the following-
'(4A) Where any document is or has been produced by a vendor as proof of title to any land and that document purports to have been executed, not less than 15 years before the contract of sale of that land, under a power of attorney, 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 power of attorney-
(i) was validly executed;
(ii) was in force at the time of the execution of that document; and
(iii) validly authorized the execution of that document.".