TNAG-1809-FCO40-2570-Hong-Kong-Conveyancing-and-Property-(Amendment)-Ordinance-19-1988 — Page 9

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Amendment of section 9.

Amendment of section 13.

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

"Severance of joint tenancy.

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

(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.".

5. 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.".

6.

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 not less than 15 years before the contract of sale of that land commencing with an assignment, 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---

"(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,

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