WEDNESDAY, MAY 20, 1987
2
BILL ALLAYS WORRIES OF REAL ESTATE AGENTS, CLIENTS
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THE PURPOSE OF THE POWERS OF ATTORNEY (AMENDMENT) BILL 1987 IS TO RESOLVE ONCE AND FOR ALL A PROBLEM THAT HAS FROM TIME TO TIME WORRIED HONG KONG'S CONVEYANCERS OF REAL ESTATE AND THEIR CLIENTS, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MOVING THE SECOND READING OF THE POWERS OF ATTORNEY (AMENDMENT) BILL 1987, MR THOMAS SAID IN THE FUTURE ALL STATUTORY DECLARATIONS MADE FOR THE PURPOSES OF SECTION OF THE POWERS OF ATTORNEY ORDINANCE SHOULD NOT BE SUFFICIENT IF TAKEN BEFORE A SOLICITOR WHO HAD ACTED OR WAS ACTING FOR A PERSON AFFECTED BY THE TRANSACTION OR THE PARTNER, CLERK OR PERSON IN THE EMPLOY OF SUCH SOLICITOR OR HIS PARTNER.
+THE STATUTORY DECLARATION THAT WAS THOUGHT TO BE THE SAFEQUARD MAY ITSELF BE REQUIRED TO PROVE TITLE IN A COURT PROCEEDING, HE SAID.
OATHS AND AFFIRMATIONS FOR COURT PROCEEDINGS WERE REQUIRED BY HONG KONG LAW TO BE MADE BEFORE A SOLICITOR NOT ACTING FOR ANY OF THE PARTIES TO THOSE PROCEEDINGS.
+UNFORTUNATELY, A PRACTICE HAS GROWN UP IN HONG KONG FOR THE STATUTORY DECLARATIONS TO BE SWORN BEFORE THE VERY SOLICITOR ACTING IN THE SALE WHERE THE POWER OF ATTORNEY HAS BEEN RELIED ON.
+THE LAW SOCIETY, HAVING CONSULTED EMINENT COUNSEL IN HONG KONG AND THE UNITED KINGDOM, CONSIDERS THAT IN THESE CIRCUMSTANCES THERE IS DOUBT ABOUT THE VALIDITY OF THIS WIDESPREAD PRACTICE IN HONG KONG,+ MR THOMAS EXPLAINED.
THE LAW SOCIETY HAD THEREFORE PROPOSED, AND THE ADMINISTRATION ACCEPTED, THE AMENDMENT TO THE ORDINANCE, HE SAID.
IN VIEW OF THE POTENTIAL CONSEQUENCES OF DISTURBING THE VALIDITY OF PAST SALES WHERE THE PRACTICE HAD BEEN FOLLOWED, MR THOMAS SAID IT WAS ALSO PROPOSED IN THE BILL THAT ALL DOUBT OVER PAST TRANSACTIONS SHOULD BE LAID TO REST AND THIS VALIDITY CONFIRMED RETROSPECTIVELY.
+THIS IS THE SECOND OBJECT OF THE BILL, HE SAID.
THE BILL HAD THE SUPPORT OF THE LAW SOCIETY, AND MIGHT INDEED BE GRATEFULLY WELCOMED BY ALL THOSE CONVEYANCERS WHO BY SOME RARE OVERSIGHT HAD UNWITTINGLY ADOPTED THIS QUESTIONABLE PRACTICE, MR THOMAS ADDED.
IN HONG KONG, OWNERS OF PROPERTY FOUND IT CONVENIENT TO SELL THEIR PROPERTY THROUGH AN AGENT WHOM THEY APPOINTED UNDER A POWER OF ATTORNEY. THIS PERSON, WHO COULD BE CALLED THE DONEE, ACTED IN ALL RESPECTS AS IF HE WERE THE VENDOR OF THE PROPERTY INCLUDING PUTTING HIS SIGNATURE TO THE DOCUMENTS THAT CONVEYED TITLE TO THE PROPERTY.
/IN TIME