CO537-6046 — Page 247

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Legalization of green ink

entries and their effect as notice.

THE HONG KONG GOVERNMENT GAZETTE.

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(g) assignor " 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 assigns of an assignor 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 persons 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.

Ordinance No. I of

1844.

Deletion of green ink entries after

two years.

Ordinance No. I of 1844.

Construction

of instrument registered in Japanese registers.

Provision in case of successive

transactions.

(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 actual 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 delete 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 effect as a valid and subsisting agreement by the assignor to assign 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 with all rights, members, easements or appurtenances belonging or appertaining to such land, house or building.

6. (1) Where any property, or part thereof, has during the Japanese occupation been the subject matter of successive Japanese assignments, then, the assignee under the last of such assignments 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,