1964_BILLS_OF_SALE_ORDINANCE — Page 4

1986 Ed.]

Bills of Sale

[CAP. 20

3

in any such instrument as is hereinbefore described, if such goods would but for this paragraph be goods within the meaning of that section; (Added, 22 of 1914, ss. 2 and 3. Amended, 5 of 1924. s. 20) "personal chattels" means goods, furniture, and other articles. capable of complete transfer by delivery, and (when separately assigned or charged) fixtures and growing crops, but does not include fixtures (except trade machinery as hereinafter defined) when assigned together with any interest in any land or building to which they are affixed, or growing crops when assigned together with any interest in the land on which they grow, or shares or interests in the stock, funds, or securities of any government or in the capital or property of incorporated or joint-stock companies, or choses in action, or any stock or produce upon any farm or lands which, by virtue of any covenant or agreement, ought not to be removed from any farm where the same are at the time of making or giving of such bill of sale. Personal chattels shall be deemed to be in the apparent possession of the person making or giving a bill of sale, so long as they remain or are in or upon any house, mill, warehouse, building, works, yard, land, or other premises occupied by him, or are used and enjoyed by him in any place whatsoever, notwithstanding that formal possession thereof may have been taken by or given to any other person; “prescribed” means prescribed by rules made under the provisions

of this Ordinance;

"Registrar" means the Registrar of the Supreme Court.

(Amended, 50 of 1911, and 62 of 1911, Schedule)

(Amended, 50 of 1911, s. 4)

3. This Ordinance shall apply to every bill of sale (whether the same is absolute or subject or not subject to any trust), whereby the holder or grantee has power, either with or without notice and either immediately or at any future time, to seize or take possession of any personal chattels within Hong Kong comprised in or made subject to such bill of sale.

(Amended, 51 of 1911; 62 of 1911, Schedule and 33 of 1985, s. 2)

4. (1) Trade machinery shall, for the purposes of this Ordin- ance, be deemed to be personal chattels, and any mode of disposition of trade machinery by the owner thereof which would be a bill of sale as to any other personal chattels shall be deemed to be a bill of sale within the meaning of this Ordinance. (Amended, 50 of 1911, s. 4)

(2) For the purposes of this Ordinance, "trade machinery" means the machinery used in or attached to any factory or work- shops--

(a) exclusive of the fixed motive-powers, such as the water- wheels and steam engines, and the steam-boilers, donkey engines, and other fixed appurtenances of the said motive- powers; and

1878 c. 31. s. 4.

Application of the Ordinance.

1878 c. 31. s. 3.

Application of

the Ordinance to trade machinery.

1878 c. 31. s. 5.