CAP. 201
Certain
instruments giving power of distress to be subject to the Ordinance. 1878 c. 31, s. 4.
Fixtures or growing crops not deemed separately
assigned when land passes. 1878 c. 31. s. 7.
Avoidance of bill of sale unless attested and registered.
1882 c. 43, s. 8.
Bills of Sale
[1986 Ed.
(b) exclusive of the fixed power machinery, such as the shafts, wheels, drums, and their fixed appurtenances, which transmit the action of the motive-powers to the other machinery, fixed and loose; and
(c) exclusive of the pipes for steam, gas, and water in the
factory or workshop.
(3) The machinery or effects excluded by this section from the definition of trade machinery shall not be deemed to be personal chattels within the meaning of this Ordinance.
(4) For the purposes of this Ordinance, "factory" or "workshop" means any premises on which any manual labour is exercised by way of trade, or for purposes of gain, in or incidental to the following purposes or any of them---
(a) making any article or part of an article; or
(b) altering, repairing, or finishing any article; or
(c) adapting for sale any article. (Amended, 51 of 1911; 62 of 1911, Schedule, and 5 of 1924, Schedule)
5.
(Amended, 19 of 1911)
Every attornment, instrument, or agreement, not being a mining lease, whereby a power of distress is given or agreed to be given by any person to any other person by way of security for any present, future, or contingent debt or advance, and whereby any rent is reserved or made payable as a mode of providing for the payment of interest on such debt or advance, or otherwise for the purpose of such security only, shall be deemed to be a bill of sale, within the meaning of this Ordinance, of any personal chattels which may be seized or taken under such power of distress:
Provided that nothing in this section shall extend to any mortgage of any estate or interest in any land or tenement which the mortgagee, being in possession, has demised to the mortgagor as his tenant at a fair and reasonable rent.
6. No fixtures or growing crops shall be deemed, under this Ordinance, to be separately assigned or charged by reason only that they are assigned by separate words, or that power is given to sever them from the land or building to which they are affixed, or from the land on which they grow, without otherwise taking possession of or dealing with such land or building, or land, if by the same instrument any leasehold interest in the land or building to which such fixtures are affixed, or in the land on which such crops grow, is also conveyed or assigned to the same person.
7. Every bill of sale shall be duly attested and shall be registered within 7 clear days after the execution thereof, or, if it is executed in any place out of Hong Kong, then within 7 clear days after the time at which it would, in the course of post, arrive in Hong Kong if posted immediately after the execution thereof, and shall truly set forth the consideration for which it was given; otherwise such bill of sale shall-
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