XN000022-1984-06-27 — Page 17

WEDNESDAY, JUNE 27, 1984

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THIS GROUP WAS LATER JOINED BY THE DIRECTOR OF PROFESSIONAL LEGAL EDUCATION OF HONG KONG UNIVERSITY'S SCHOOL OF LAW AND A MEMBER OF HIS ACADEMIC STAFF.

THE WORKING GROUP, MR THOMAS SAID, HAD MET ON NO LESS THAN 35 OCCASIONS.

FOR INFORMATION PURPOSES, A BILL WAS GAZETTED IN JULY 1983, AND THEREAFTER THE GROUP CONSIDERED MANY REPRESENTATIONS AND SUGGESTIONS THAT FOLLOWED THE PUBLICATION OF THE BILL.

AN AMENDED BILL WAS PRINTED AND CIRCULATED IN FEBRUARY 1984 AND LATER THAT MONTH, A SEMINAR ON THE BILL WAS HELD.

+THE WORK ING GROUP SATISFIED ITSELF THAT ALL THOSE INTERESTED HAVE HAD THE OPPORTUNITY TO MAKE THE IR VIEWS KNOWN, AND I CAN NOW SAY WITH CONFIDENCE IN THE LIGHT OF THEIR ACHIEVEMENTS THAT THE BILL HAS THE SUPPORT OF THE LEGAL PROFESSION GENERALLY, THE HONG KONG ASSOCIATION OF BANKS AND THE PUBLIC,+ MR THOMAS SAID.

THE MORE IMPORTANT CLAUSES OF THE BILL MAKE PROVISION FOR

THE FOLLOWING MATTERS:

* A SIMPLIFIED AND EXPEDITIOUS COURT PROCEDURE FOR RESOLVING DISPUTES RELATING TO LAND (CLAUSE 12);

* THE SIMPL IF ICATION OF THE VENDOR'S OBLIGATION TO

PROVIDE PROOF OF TITLE OF LAND PURCHASED (CLAUSE 13);

* THE IMPLICATION OF COVENANTS FOR TITLE TO LAND WHICH SHOULD REDUCE THE LENGTH OF CONVEYANCING DOCUMENTS (CLAUSE 35);

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THE INCORPORATION OF COVENANTS AND CONDITIONS INTO CONVEYANCING DOCUMENTS BY REFERENCE, ALSO FOR THE PURPOSE OF REDUCING THE LENGTH OF LEGAL DOCUMENTS RELATING TO LAND (CLAUSE 36):

STANDARD CONVEYANCING DOCUMENTS IN A SHORT AND SIMPLIFIED FORM (CLAUSE 37); AND

A NEW SYSTEM OF MORTGAGING BY WAY OF CHARGE IN PLACE OF THE ARTIFICIAL ASSIGNMENT OF THE LEGAL ESTATE, WITH INCREASED PROTECTION FOR LENDERS (PART V).

MR THOMAS SAID THAT IT WAS PROPOSED THE BILL SHOULD COME INTO OPERATION ON NOVEMBER 1, 1984, TO GIVE PRACTITIONERS TIME TO REORGANISE THEIR PROCEDURES IN THE LIGHT OF THE REFORMS.

DEBATE ON THE BILL WAS ADJOURNED.

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