TNAG-1809-FCO40-2570-Hong-Kong-Conveyancing-and-Property-(Amendment)-Ordinance-19-1988 — Page 25

(Cap. 128.)

(

1987.)

5

(c) which is expressed or intended to benefit the land of the covenantee and his successors in title or persons deriving title to that land under or through him or them.

(3) Notwithstanding any rule of law or equity but subject to subsection (5), a covenant shall run with the land and, in addition to being enforceable between the parties, shall be enforceable against the occupiers of the land and the covenantor and his successors in title or persons deriving title under or through him or them by the covenantee and his successors in title or persons deriving title under or through him or them.

(4) (a) For the purposes of the enforcement of a cove-

nant, the following remedies shall be available-

(i) proceedings for an injunction (including a mandatory injunction) or other equitable relief;

(ii) an action for money due under the covenant; (iii) an action for damages (whether in respect of pecuniary or non-pecuniary kinds of damage). (b) For the purposes of ascertaining the existence, nature and effect of a covenant, a court of compe- tent jurisdiction may make a declaration relating to those matters.

(5) A positive covenant shall not be enforceable against a lessee (other than a lessee holding directly from the Crown) or occupier of land by virtue only of this section.

(6) A positive covenant is a covenant to expend money, do something or which is otherwise positive in nature.

(7) A covenant shall be enforceable under this section whether or not the covenant is between owners of the same land.

(8) A covenant shall not bind a person after he has ceased to have any estate or interest in the land affected by that covenant except in respect of a breach of that covenant committed by him before that cessation.

(9) A covenant in an instrument registered in the Land Office under the Land Registration Ordinance shall bind the successors in title of the covenantor or the persons deriving title under or through him whether or not they had notice of the covenant.

(10) This section shall apply to covenants entered into both before and after the commencement of the Conveyancing and Property (Amendment) Ordinance 1987.".

13. Section 42 of the principal Ordinance is amended- (a) in subsection (1)—

(i) by deleting "covenant by deed" and substituting the following-

"instrument"; and

Amendment of section 42.