TNAG-1809-FCO40-2570-Hong-Kong-Conveyancing-and-Property-(Amendment)-Ordinance-19-1988 — Page 22

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Amendment of section 9.

Amendment of

section 13.

4. Section 9 of the principal Ordinance is amended by inserting, immediately after subsection (2), the following—

"(3) This section shall not apply to a tenancy vesting in trustees or personal representatives.".

5. Section 13 of the principal Ordinance is amended—

(a) in subsection (1)--

(i) by deleting paragraph (a) and substituting the following—

"(a) proof of title to that land--

(i) where the grant of the Crown lease was less than 15 years before the contract of sale of that land, extend- ing for the period since that grant; or

(ii) in any other case, extending at least 15 years before the contract of sale of that land commencing with an assignment on sale, a mortgage by assignment or a legal charge, each dealing with the whole estate and interest in that land;";

(ii) in paragraph (c), by inserting, immediately after "exe- cuted", the following-

"where that document was executed less than 15 years before the contract of sale of that land";

(b) in subsection (2), by deleting "certified by a public officer or a solicitor to be a true copy." and substituting the following-

"(a) attested, before 1 November 1984, by 2 solicitors'

clerks; or

(b) certified by a public officer or a solicitor,

to be a true copy."; and

(c) by inserting, immediately after subsection (4), the following—

Amendment of section 14.

6.

"(4A) Where any document is 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 be presumed, for the purposes of any question as to proof of title concerning the parties to that contract and unless the con- trary is proved, that the power of attorney-

(a) was validly executed;

(b) was in force at the time of the execution of that

document; and

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

Section 14 of the principal Ordinance is amended—

(a) in subsection (1)(a), by deleting "compliance" and substituting the

following-

"accordance";