TNAG-1735-FCO40-2448-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 101

HONG KONG LEGISLATIVE COUNCIL — 1 June 1988

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1531

Proposed amendments

Clause 1

That clause I be amended by deleting '1987' and substituting the following-

'1988'.

Clause 3

That clause 3 be amended by deleting the new section 8 and substituting the following

'Severance of 8. (1) A joint tenancy of an estate or interest in land may be joint tenancy. severed at law only by-

Clause 5

(a) a notice served by a joint tenant on the other joint tenants; or

(b) an instrument.

(2) A joint tenancy of an estate or interest in land may be severed in equity by a notice served by a joint tenant on the other joint tenants or by any other method that is effective in equity or that would, but for subsection (1), be effective at law.'.

That clause 5 be amended-

(a) by deleting 'extending at least 15 years' and substituting the following-

'extending not less than 15 years';

(b) by deleting ‘on sale';

(c) by deleting the new subsection (4A) and substituting the following-

'(4A) Where any document is or has been produced by a vendor as proof of title to any land and that document purports to have been executed, not less than 15 years before the contract of sale of that land, under a power of attorney, it shall for the purposes of any question as to the title to that land be conclusively presumed—

(a) as between the parties to that contract; and

(b) in favour of the purchaser under that contract as against any

other person,

that the power of attorney-

(i) was validly executed;

(ii) was in force at the time of the execution of that document; and

(iii) validly authorized the execution of that document.".