H4
CAP. 159]
Solicitors' Practice Rules
[1989 Ed.
[Subsidiary]
5C. Representation in conveyancing transactions
(1) Subject to subrules (2), (3), (4) and (5), a solicitor, or 2 or more solicitors practising in partnership or association, shall not act for both the vendor and the purchaser on a sale or other disposition of land for value.
(2) A solicitor, or 2 or more solicitors practising in partnership or association, may act for both the vendor and the purchaser in the sale and purchase of a unit or other interest in an uncompleted development in respect of which the consent of the Registrar General (Land Officer) is required to be given pursuant to the relevant Crown Grant and also in the completion of such sale and purchase.
(3) A solicitor, or 2 or more solicitors practising in partnership or association, may act for both the vendor and the purchaser in the sale and purchase of a unit or other interest in an uncompleted development in respect of which the consent of the Registrar General (Land Officer) is not required and also in the completion of such sale and purchase if and only if-
(a) he, or one of them, has deposited in the Land Office or a District Land Office a statutory declaration-
(i) in such form, and setting forth such facts, as the Council may, subject to the prior approval of the Chief Justice, from time to time specify; and
(ii) annexed to which are such documents as the Council may, subject to the prior approval of the Chief Justice, from time to time specify as documents to be so annexed; and
(b) the agreement for sale and purchase to be entered into by the vendor and the purchaser contains such clauses as the Council may, subject to the prior approval of the Chief Justice, from time to time specify for mandatory inclusion in the agreement.
(4) A solicitor, or 2 or more solicitors practising in partnership or association, may act for both the vendor and the purchaser in the sale and purchase of a unit or other interest in a completed development by the owner of the whole development where in respect of the unit or interest no assignment has been executed since the date of the occupation permit or the certificate of compliance in respect of the development, whichever is required in respect of such sale and purchase, and if both are required, the earlier, and in the completion of such sale and purchase, if and only if the agreement for sale and purchase to be entered into by the vendor and the purchaser contains such clauses as the Council may, subject to the prior approval of the Chief Justice, from time to time specify for mandatory inclusion in the agreement.
(5) Where pursuant to subrule (2), (3) or (4), a solicitor or 2 or more solicitors practising in partnership or association act for both the vendor and the purchaser in the sale and purchase of a unit or other interest in a development, that solicitor or solicitors may also act for the purchaser and