1948-HKRS28-8-15_Part02 — Page 41

Legalization

pf

ink

green cotics and their effect as notice.

Ordinance No. T of 1844.

Deletion of green ink

entries after

Two years.

Ordinance No. of 1844.

Construction

Japanese registers.

(e) green iok entries means the entries made in green ink in the Land Office Registers recording particulars of trans- actions registered in the Japanese Registers and identified in the Land Office Registers by the initiale of the Land Officer;

meana

(0 "Japanese assignment"

instrument registered or recorded in the Japanese Begisters purporting to relate to a disposition of any land, house or building otherwise than by way of mortgage or re-assignment;

(g) nssignor and assignee mean and include respectively the persons purporting to dispose of or acquire the property to which an instrument relates and include the executors, administrators or nasigns of an assigner or assignee, as the case may be, and in the case of an assignor or assignee who disposed of or acquired any property as trustees of any trust, the persona from time to time lawfully acting as trustees of such trust,

3. (1) The green ink entries shall be deemed to have been lawfully made.

(2) Notwithstanding the provisions of section 4 of the Land Registration Ordinance, 1844, a green ink entry, including any variation or addition made by virtue of this Ordinance, shall, save in so far as any such entry variation or addition is lawfully deleted, constitute for a period of two years from the date of the Commencement of this Ordinance netual notice of the transaction particulars of which are recorded by the entry.

4. After the expiration of the said period of two years the Land Officer shall deleta from the Registers all such green ink entries but such deletion shall be without prejudice to any right either within such two years or thereafter to register any instru- ment in respect of which a green ink entry has been made under the Land Registration Ordinance, 1844, or any Ordinance amend- ing or substituted for the same.

5. (1) A Japanese assignment shall be construed and take of instrument effect as a valid and subsisting agreement by the assignor to assign registered in

on demand without further consideration and (save in so far as such agreement or other instrument otherwise provides) at the cost of the assignee or other person lawfully requiring the same the property to which such assignment relates in the form which would have been directed by the Court prior to the Japanese occupation in a successful action for the specific performance of such an agreement.

(2) Without prejudice to the generality of the preceding sub-section unless the Japanese assignment otherwise provides or the context thereof or the true intention of the parties otherwise requires, a reference to a house or building in such an assignment shall be deemed to include the land enjoyed with such house or building at the date of the execution of such assignment, together

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with all rights, members, easements or appurtenances belonging or appertaining to such land, house or building.

case of

successive

6. (1) Where any property, or part thereof, bas during the Provision in Japanese occupation been the subject matter of successive Japanese assignments, then, the assignee under the last of such assignments reactions, may at his own expense require the assignor on the last and any prior assignment to confirm unto the assignee under the last of such assignments, or as he may direct, the property or part thereof, as the case may be, the subject matter of the last of such assign- roents.

(2) Where any property was assigned by way of mortgage before the Japanese occupation and the mortgage debt has been validly discharged, then if the property has been the subject matter of a Japanese assignment or of auccessive Japanese assign- ments, the assignee under such assignment or the last of such successive assignments, as the case may he, may require the mortgagee at the expense of such assignee to reassign the property to him or as he may direct.

(3) Any requirement lawfully made under this auction may be enforced by uction ermmenced by writ of summons in the original jurisdiction of the Court in like manner as if the liability to comply therewith had been included in a contract relating to the property in respect of which such requirement had lawfully hoon made under this section.

7. (1) If proceedings have been commenced in the original Proceedings jurisdiction in relation to any disputa or difference between any in relation

to disputes. persons as to the construction or effect of any instrument registered or recorded in the Japanese Registers, or as to the liability of any person to assign or reassign or confirm the assignment of any property to which any such instrument purports or is alleged to relate, or as to the form or content of any assignment, reassign- ment or deed of confirmation to be executed or made by any such person, or as to any other matter or thing arising out of any such instrument or out of the provisions of this Ordinance, the Court tay, on the application of any party to such dispute or differ

ference- (a) with the written consent of all the parties to such dispute or difference; or

(b) if no defendant to such proceedings has entered

an appearance therein; or

more

(c) if the Court is of the opinion that the action may conveniently or expeditiously be tried in its summary

jurisdiction;

at any stage of the proceedings order that the entry of such action in the original jurisdiction Register be transferred to the Register of Civil Actions, Summary" Jurisdiction, and thereupon the Supreme Court in its summary jurisdiction shall have and may exercise the like jurisdiction both at law and in equity in relation to the said dispute or difference as might have been exercised by the Court in its original jurisdiction.