MON
DIEL
Legal Supplement No. 1
TO THE
Enclosure No. 3
HONG KONG
GOVERNMENT GAZETTE
Published by Authority
FRIDAY, 3 JUNE, 1988
SUP. TO GAZETTE No. 22 VOL. CXXX
CONVEYANCING AND PROPERTY (AMENDMENT) Ord. No. 31/88
HONG KONG
No. 31 of 1988
L.S.
I assent.
David WILSON,
Governor.
2 June 1988
An Ordinance to amend the Conveyancing and Property Ordinance.
[3 June 1988]
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Enacted by the Governor of Hong Kong, with the advice and consent
of the Legislative Council thereof.
1. This Ordinance may be cited as the Conveyancing and Property Short title. (Amendment) Ordinance 1988.
2. Section 2 of the principal Ordinance is amended-
(a) in the definition of “assignment", in paragraph (a) by deleting ", or
in the whole or part of an undivided share in land,”; and (b) in the definition of "land", by deleting "and" at the end of
paragraph (b) and by inserting, immediately after paragraph (b), the following-
"(bb) the whole or part of an undivided share in land and any estate, right, interest or easement in or over the whole or part of an undivided share in land; and".
Amendment of section 2.
(Cap. 219.)
3.
Section 5(1) of the principal Ordinance is amended-
(a) in paragraph (a), by inserting a comma immediately after "in
writing";
(b) in paragraph (b), by deleting the semicolon and substituting a full
stop; and
(c) by deleting paragraph (c).
Amendment of section 5.
4.
Section 8 of the principal Ordinance is repealed and replaced by Repeal and the following-
replacement of section 8.
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Amendment of section 9.
Amendment of section 13.
Ord. No. 31/88 CONVEYANCING AND PROPERTY (AMENDMENT)
"Severance of joint tenancy.
8. (1) A joint tenancy of an estate or interest in land may be severed at law only by-
(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.".
5. Section 9 of the principal Ordinance is amended by inserting, immediately after subsection (2), the following-
"(3) This section shall not apply to a tenancy vesting in trustees or personal representatives.".
6.
Section 13 of the principal Ordinance is amended—
(a) in subsection (1)—-
(i) by deleting paragraph (a) and substituting the following-
"(a) proof of title to that land
(i) where the grant of the Crown lease was less than 15 years before the contract of sale of that land, extend- ing for the period since that grant; or
(ii) in any other case, extending not less than 15 years before the contract of sale of that land commencing with an assignment, a mortgage by assignment or a legal charge, each dealing with the whole estate and interest in that land;";
(ii) in paragraph (c), by inserting, immediately after "exe- cuted", the following-
"where that document was executed less than 15 years before the contract of sale of that land";
(b) in subsection (2), by deleting "certified by a public officer or a solicitor to be a true copy." and substituting the following-
"(a) attested, before 1 November 1984, by 2 solicitors'
clerks; or
(b) certified by a public officer or a solicitor,
to be a true copy."; and
(c) by inserting, immediately after subsection (4), 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,
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