TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 151

A392

Ord. No. 62/84

Conversion of equitable interest to legal estate where right to Crown lease.

(Cap. 128.)

Construction of

words and expressions.

(Cap. L.)

CONVEYANCING AND PROPERTY

shall, for the purposes of any question as to proof of title concerning the parties to that contract and unless the contrary is proved, be sufficient evidence of the truth of that recital, statement and description.

(5) This section affects only the rights and obligations of the parties to a contract for the sale of land entered into after the commencement of this section.

14. (1) Where a person has a right to a Crown lease of any land upon compliance with any conditions precedent, then, upon compliance with those conditions-

(a) the equitable interest under that right shall become a legal estate in that land

as if held under a Crown lease issued in compliance with that right; and (b) for the purposes of section 42 and any other law, such a Crown lease shall be

deemed to have been issued upon compliance with those conditions.

(2) Where, under an agreement for a Crown lease entered into before 1 January 1970, a person has a right to a Crown lease upon compliance with any conditions precedent he shall be deemed, for the purposes of this section, to have complied with those conditions on the commencement of this section.

(3) Where under an agreement for a Crown lease entered into on or after 1 January 1970, a person has a right to a Crown lease upon compliance with any conditions precedent, he shall be deemed, for the purposes of this section, to have complied with those conditions upon the issue by the Crown of a certificate that those conditions have been complied with and upon the registration of that certificate in the Land Office under the Land Registration Ordinance.

PART III

INSTRUMENTS

15. Unless the contrary intention appears, in any instrument affecting land made after the commencement of this section-

(a) any definition used in, or, by this section, incorporated into, that instrument shall extend to the grammatical variations and cognate expressions of the word or expression defined;

(b) words and expressions imparting the masculine gender include the feminine; (c) words and expressions in the singular includes the plural and words and

expressions in the plural include the singular;

(d) Chinese words and terms shall be construed according to Chinese language and custom and, if there is any conflict between Chinese words and terms and English words used in the instrument, the meaning of the English words shall prevail; and

(e) "act" includes a series of acts, an omission or a series of omissions;

"Colony" and "Hong Kong" mean the area of land and the area of Deep Bay and Mirs Bay lying within the boundries specified in the Second Schedule to the Interpretation and General Clauses Ordinance and the territorial waters appertaining thereto;

"contravene" includes failure to comply;

"court" means any court of Hong Kong of competent jurisdiction; "Crown lease" means any lease granted by the Crown, any instrument whereby the term of the Crown lease may have been extended or the provisions thereof varied and any agreement for a Crown lease; "document" means any matter written, expressed or described upon any substance by means of letters, characters, figures or marks or by a combination of these;

CONVEYANCING AND PROPERTY

Ord. No. 62/84

A393

"Government" means the Government of Hong Kong; "Kowloon" means the area specified in the Fourth Schedule to the Inter-

pretation and General Clauses Ordinance;

"law" means any law for the time being in force in, having legislative effect

in, extending to or applicable to Hong Kong; "month" means calendar month;

"New Kowloon" means the area specified in the Fifth Schedule to the

Interpretation and General Clauses Ordinance;

"New Territories" means the territories leased to Great Britain by the

Emperor of China under the Convention dated 9 June 1898; "occupy" includes use, inhabit, be in possession of or enjoy the land to which the word relates otherwise than as a mere servant or for the mere purpose of the care, custody or charge thereof;

"or", "other" and "otherwise" shall be construed disjunctively and not as implying similarity, unless the word "similar" or some other word of like meaning is added;

"per cent", when used in relation to a rate of interest payable in any circumstances, means the rate of interest specified payable in respect of a year, unless it is expressly provided that it is payable in respect of any other period;

"person" includes any public body or body of persons, corporate or

unincorporate;

"power" includes any privilege, authority or discretion;

"public holiday" and "general holiday" mean any day which is a general

holiday under the Holidays Ordinance;

"registered" in relation to a document, means registered under any law

applicable to the registration of that document;

"sign" includes, in the case of a person unable to write, the affixing or

making of his seal, mark, thumbprint or chop;

"year" means a year according to the Gregorian calendar.

(Cap. 1.)

(Cap. 149.)

deemed to

16. (1) Unless the contrary intention is expressed in the assignment, an What an assignment shall operate to assign, with the land, all rights, interests, privileges, assignment is easements or appurtenances in, over, belonging or appertaining to that land or at any include. time used, held, occupied or enjoyed with that land and things attached to the land or 1925 c. 20, s. 62. permanently fastened to anything attached to the land.

(2) This section shall not operate to give to any person a better title than that assigned or any better title than that enjoyed by the assignor.

17. Unless the contrary intention is expressed in the assignment, an assignment shall operate to assign all the estate, right and interest in the land assigned which the assignor has in that land and which he has the power to assign.

18. (1) A receipt for consideration in the body of an instrument shall be a sufficient discharge to the person paying the consideration and, in favour of any other person acting on the faith of the receipt, shall be sufficient evidence of payment.

(2) A solicitor producing an instrument containing a receipt for consideration shall be deemed to be authorized to receive that consideration unless the person liable to pay that consideration is served with a notice in writing stating that the solicitor is not so authorized.

19. (1) A deed by an individual shall be signed by him.

(2) A document shall be presumed to have been sealed by an individual if the document signed by him—

(a) describes itself as a deed; or

Assignment passes whole estate.

1925 c. 20, s. 63.

Receipt in body of an instrument.

1925 c. 20, ss. 67, 68 & 69.

Execution of deed

by individual.