1964_CONVEYANCING_AND_PROPERTY_ORDINANCE — Page 7

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CAP. 219]

Conveyancing and Property

[1988 Ed.

(2) This section does not apply to—

(a) an assent in writing by a personal representative;

(b) a disclaimer made in accordance with section 59 of the Bankruptcy Ordinance (Cap. 6) or section 268 of the Companies Ordinance (Cap. 32);

(c) a surrender by operation of law, including a surrender which may, by

law, be effected without writing;

(d) the grant, disposal or surrender of a lease taking effect in possession for a term not exceeding 3 years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without a premium;

(e) other assurances not required by law to be made in writing;

(f) a receipt not required by law to be under seal;

(g) a vesting order or vesting declaration by a court or other competent

authority;

(h) a creation, extinguishment or disposal of a legal estate in land by

operation of law.

[cf. U.K. 1925 c. 20, s. 52]

Certain instruments to be in writing

5. (1) Subject to section 6-

(a) no equitable interest in land can be created or disposed of except by writing signed by the person creating or disposing of the same, or by his agent thereunto lawfully authorized in writing, or by will, or by operation of law;

(b) a declaration of trust respecting land or any interest therein shall be manifested and proved in writing signed by the person who is able to declare such trust or by his will. (Amended, 31 of 1988, s. 3)

(2) This section does not affect the creation or operation of resulting, implied or constructive trusts.

[ef. U.K. 1925 c. 20, s. 53]

Creation of interest in land by parol

6. (1) All interests in land created by parol and not put in writing and signed by the persons creating the same, or by their agents thereunto lawfully authorized in writing, have, notwithstanding any consideration having been given for the same, the force and effect of interests at will only.

(2) Nothing in section 3 or 5 or in subsection (1) shall affect the creation by parol of leases taking effect in possession for a term not exceeding 3 years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without a premium.

[cf. U.K. 1925 c. 20, s. 54]

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