TNAG-1809-FCO40-2570-Hong-Kong-Conveyancing-and-Property-(Amendment)-Ordinance-19-1988 — Page 11

A146

Addition of new section 14A.

Amendment of section 16.

Amendment of section 19.

Amendment of section 20.

Amendment of section 35.

Amendment of section 39.

Ord. No. 31/88 CONVEYANCING AND PROPERTY (AMENDMENT)

8.

The principal Ordinance is amended by adding, immediately after section 14, the following-

"Modification of Crown lease.

(31 of 1988.)

9.

14A. (1) Any modification in writing by the Crown of the covenants, terms or conditions of a Crown lease shall have the same effect as if made by deed.

(2) Subsection (1) applies to a modification made before or after the commencement of the Conveyancing and Property (Amendment) Ordinance 1988.".

Section 16(1) of the principal Ordinance is amended by deleting "at any time" and substituting the following-

"at the time of the assignment".

10. Section 19 of the principal Ordinance is amended by inserting, immediately after subsection (4), the following-

"(5) This section does not affect any other law by which an in- dividual may authorize another person to sign a deed on his behalf.".

11. Section 20 of the principal Ordinance is amended-

(a) in subsection (1), by inserting, immediately after "good faith", the

following-

", his successors in title and persons deriving title under or through him or them";

(b) in subsection (2), by deleting "in the presence of at least one

witness" and substituting the following-

"or his own name and by affixing his own seal”.

12. Section 35 of the principal Ordinance is amended-

(a)

in subsection (1)(a), by deleting ", or in the whole or part of an undivided share in land,"; and

(b) by inserting, immediately after subsection (1), the following--

“(1A) The covenants implied under subsection (1)(a) shall be covenants to which section 41 applies.

(1B) The benefit of the covenants implied under this section shall run with the land and shall be enforceable by the covenantee and his successors in title and persons deriving title under or through him or them.

(IC) In paragraphs (a) to (d) of subsection (1), “assign- ment" does not include a legal charge.

(1D) Unless the contrary intention is expressed, the liability of joint parties to any assignment or legal charge in respect of the covenants mentioned in subsection (1) shall be joint and several.".

13. Section 39(1) of the principal Ordinance is amended by inserting, immediately after "deriving title under", the following-

"or through".