XN000022-1984-07-25 — Page 13

WEDNESDAY, JULY 25, 1984

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HE SAID THAT WHILE EVERY EFFORT HAD BEEN MADE TO ENSURE THAT THE BILL WAS FREE FROM DEFICIENCIES, IT WOULD STILL BE NECESSARY TO INTRODUCE REFINEMENTS AND IMPROVEMENTS IN THE LIGHT OF EXPERIENCE.

J

+HOWEVER, THE BILL REPRESENTS AN EXCELLENT EFFORT AND IS THE RESULT OF THE CONCERTED EXPERTISE IN BOTH THE PRIVATE AND PUBLIC SECTORS, HE SAID.

HE ADDED THAT THE REGISTRAR GENERAL HAD AGREED TO MONITOR AND REVIEW THE NEW LEGISLATION.

+ONE PARTIUCLAR ISSUE WHICH REQUIRES ATTENTION IS THAT IN THE EVENT OF THE DISSOLUTION OF A CORPORATION HOLDING PROPERTY AS A JOINT TENANT, THE LEGAL ESTATE WILL PASS TO THE OTHER JOINT TENANT, HE POINTED OUT.

THE LEGISLATION IS SILENT ON THE QUESTION OF STAMP DUTY.

BUT MR WONG SAID THE REGISTRAR GENERAL HAD UNDERTAKEN TO REQUEST THE COMMISSIONER OF INLAND REVENUE TO LOOK INTO THIS ISSUE AS IT INVOLVES PUBLIC REVENUE.

+OTHER MATTERS WHICH NEED FURTHER ATTENTION INCLUDE THE PROVISION OF A STATUTORY FORM WHERE A MORTGAGE OR CHARGE INVOLVES A THIRD PARTY, NORMALLY CALLED A REQUESTING PARTY, WHO IS ENTITLED TO THE USE OF THE LOAN, HE SAID.

HE EMPHASISED THAT THE BILL WOULD NOT AFFECT

*

THE LAW RELATING TO SUCCESSION TO LAND (EXCEPT AS TO THE QUESTION OF SURVIVORSHIP IN THE CASE OF PERSONS DYING IN A DISASTER) (CLAUSE 9 OF THE BILL);

* CHINESE CUSTOM AS APPLICABLE TO LAND IN THE NEW TERRITORIES

UNDER SECTION 13 OF THE NEW TERRITORIES ORDINANCE;

* THE PROVISIONS OF THE LAND REGISTRATION ORDINANCE;

* THE LAW RELATING TO LAND IN THE NEW TERRITORIES UNDER

PART OF THE NEW TERRITORIES ORDINANCE (EXCEPT TO IMPROVE THE IMPLIED CONVENANTS AND INTRODUCE IMPROVE CONVEYANCING FORMS) :

*

THE LAW OF LANDLORD AND TENANT AS IT RELATES TO A TENANCY OF PREMISES UNDER THE LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE (CAP. 7); AND

*

THE PROVISION OF THE LIMITATION ORDINANCE (CAP. 374). EARLIER, THE HON BILL BROWN SAID THAT THE UNOFFICIALS' AD HOC GROUP HAD TAKEN ONE YEAR TO STUDY THE LEGISLATION.

+▲ NUMBER