kat. 31 32 VEL 2 40, 1, 5.)
31 & 32 V. 240, 16.
Application
of proceedings of sale.
Vesting order.
(Cp. 29.)
(Cap. 117.)
(3) (a) Without prejudice to subsection (1), if any person interested in the property applies to the Court to make an order for the sale of the property instead of an order for partition, then, unless the other persons interested undertake to purchase the interest of the party applying for an order for sale, the Court may, if it thinks fit. make an order for the sale of the property.
(b) If an undertaking is given by the other persons interested, the Court may order a valuation of the interest of the person applying for an order for sale in such manner as it thinks fit.
(4) On making an order under subsection (1) or subsection (3), the Court may direct a distribution of the proceeds of the sale and give all other necessary or proper consequential directions.
(5) On a sale under this section the Court may allow any of the persons interested in the property to bid at the sale, on such terms as the Court deems reasonable as t0-
(2) non-payment of deposit; or
(b) setting off or accounting for the purchase money or any
part thereof instead of paying the same; or
(c) as to any other matters.
7. (1) The proceeds of a sale of property under an order under section 6 may, after deduction of the expenses thereof, be paid to trustees appointed by the Court.
(2) Trustees appointed under subsection (1) shall apply the proceeds of sale paid to them in the following order-
(a) in the discharge of any liability due to the Crown in
respect of the property; and then
(b) in the discharge of any incumbrance affecting the property
directed to be sold; and then
(c) in payment of the residue to the persons interested.
#. (1) Where any judgment has been given or any order made for a partition or sale of property under this Ordinance, the Court may make a vesting order, consequential thereon, under the Trustee Ordinance.
(2) A vesting order shall for the purposes of the Stamp Ordinance be deemed to be an exchange.
9. Jurisdiction is hereby conferred on the District Court for the purpose of any proceedings under this Ordinance where the annual rent or the rateable value, determined in accordance with the provisions of the Rating Ordinance, or the annual value of the land. whichever is the least, does not exceed five thousand dollars, and in such proceedings a District Judge shall have the power and authority of a judge of the Supreme Court conferred by this Ordinance.
10. The Schedule to the Application of English Law Ordin- ance is amended by deleting Items 5 and 6.
Passed by the Hong Kong Legislative Council this 2nd day of July, 1969.
Deputy Clerk of Councils.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
Deputy Clerk of Councils.
Jurisdiction of District Court,
Amendment of Application of English Law Ordiaunce. (C60. 98.)