Short Title.
Amendment
of section 7. (Cap. 97).
Repeal and replacement of section 23.
Repeal and replacement of section 27.
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NOW, THEREFORE, BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows-
1. This Ordinance may be cited as the New Territories (Amend- ment and Validation) Ordinance, 1962.
1.
Section 7 of the New Territories Ordinance (hereinafter referred to as the principal Ordinance) is amended—
(a) in subsection (2) by the deletion of the words "by &
memorandum under his hand"; and
(b) in subsection (3) by the deletion of the words "by a
memorandum in writing under his hand”,
3. Section 23 of the principal Ordinance is repealed and replaced by the following section—
"Certifica- tion of memorials.
(Cap. 128).
23. For the purposes of this Ordinance, where a memorial of any deed, will or other instrument is certified by the Land Officer as correct, it shall not be necessary for such memorial to be verified in accordance with the pro- visions of section 7 of the Land Registration Ordinance.".
4. Section 27 of the principal Ordinance is repealed and replaced by the following-
"Form of Conveyancer,
Schedule.
27. (1) A conveyance of any land subject to the provisions of this Ordinance may be made in one of the forms set out in the Schedule subject to such variations ag circumstances may require. The Land Officer may prescribe such other forms as he may deem necessary for facilitating dealings with land.
(2) The provisions of this Part which relate to convey- ances shall apply only to such conveyances as are made in one of the forms set out in the Schedule or in such other form as may be prescribed by the Land Officer to facilitate dealings with land.
(3) Nothing in this section shall be construed as re- quiring that a conveyance shall be made in one of the forms set out in the Schedule or prescribed by the Land Officer pursuant to the provisions of subsection (1),
(4) No conveyance made on or after the 28th day of October, 1910, shall be invalid by reason solely that such conveyance was not made in one of the forms specified in the Schedule or in a form prescribed by the Land Officer to facilitate dealings with land.".
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5. Section 28 of the principal Ordinance is amended by the Amendment deletion of all words preceding paragraph (a) and the substitution there. of section 28. for of the following-
"28. In a conveyance on sale made in Form A in the Schedule the following covenants shall be deemed to be included—”.
6.
Subsection (1) of section 29 of the principal Ordinance is Amendment amended by the deletion of all words preceding paragraph (a) and the of seculon 29. substitution therefor of the following-
"29. (1) In a conveyance by way of mortgage (when it is the intention of the parties that the mortgagee shall not enter into possession until default is made in payment of the mortgage money) made in Form B in the Schedule the following covenants by the mortgagor with the mortgagee shall be deemed to be included-"
of certain
Part II of
7. Where any public officer acting on behalf of the Governor Validation has, before the coming into operation of this Ordinance, by any memor- purported andum purported to exempt any land from the provisions of Part II exemptions of the principal Ordinance that might at the time of the making of such of land from memorandum have been lawfully so exempted by the Governor in the principal accordance with powers conferred by section 7 of the principal Ordin- Ordinance. ance such memorandum shall have effect, and shall be deemed always to have had effect, as if it had been made by the Governor in accordance with the powers conferred by such section as amended by section 2 of this Ordinance.
This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 17th day of January, 1962, and is found by me to be a true and correctly printed copy of the said Bull.
[Secretariat GR10/3231/52)
Why?
Deputy Clerk of Councils.