1964_CONVEYANCING_AND_PROPERTY_ORDINANCE — Page 9

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 219]

Conveyancing and Property

[1988 Ed.

which of them, survived the other or others, such deaths shall, for all purposes affecting the title to property, be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder.

[cf. U.K. 1925 c. 20, s. 184]

(2)-(3) [Amendments incorporated]

Application to court by vendor and purchaser

12. (1) A vendor or purchaser of land may apply by petition or by originating summons to the court in respect of any question arising out of or connected with any contract for the sale or exchange of land (not being a question affecting the existence or validity of the contract or relating to compensation payable by the Crown or a public body), and the court may make such order upon the petition or originating summons and as to costs as to the court appears just.

(2) In this section, "court" means the High Court unless the vendor and purchaser submit to the jurisdiction of the District Court.

[cf. U.K. 1925 c. 20 s. 49]

Proof of title and recitals

13. (1) Unless the contrary intention is expressed, a purchaser of land shall be entitled to require from the vendor, as proof of title to that land, only production of the Crown lease relating to the land sold and---

(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, extending 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; (Replaced, 31 of 1988, s. 6)

(b) production of any document referred to in the assignment, mortgage or charge mentioned in paragraph (a) creating or disposing of an interest, power or obligation, which is not shown to have ceased or expired and subject to which any part of that land is disposed of; and

(c) production of any power of attorney under which any document produced is executed where that document was executed less than 15 years before the contract of sale of that land. (Amended, 31 of 1988, s. 6)

(2) Where this section requires the production of any document, it shall be sufficient to produce a copy-

(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. (Amended, 31 of 1988, s. 6)

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CAP. 219] Conveyancing and Property [1988 Ed. which of them, survived the other or others, such deaths shall, for all purposes affecting the title to property, be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder. [cf. U.K. 1925 c. 20, s. 184] (2)-(3) [Amendments incorporated] Application to court by vendor and purchaser 12. (1) A vendor or purchaser of land may apply by petition or by originating summons to the court in respect of any question arising out of or connected with any contract for the sale or exchange of land (not being a question affecting the existence or validity of the contract or relating to compensation payable by the Crown or a public body), and the court may make such order upon the petition or originating summons and as to costs as to the court appears just. (2) In this section, "court" means the High Court unless the vendor and purchaser submit to the jurisdiction of the District Court. [cf. U.K. 1925 c. 20 s. 49] Proof of title and recitals 13. (1) Unless the contrary intention is expressed, a purchaser of land shall be entitled to require from the vendor, as proof of title to that land, only production of the Crown lease relating to the land sold and--- (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, extending 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; (Replaced, 31 of 1988, s. 6) (b) production of any document referred to in the assignment, mortgage or charge mentioned in paragraph (a) creating or disposing of an interest, power or obligation, which is not shown to have ceased or expired and subject to which any part of that land is disposed of; and (c) production of any power of attorney under which any document produced is executed where that document was executed less than 15 years before the contract of sale of that land. (Amended, 31 of 1988, s. 6) (2) Where this section requires the production of any document, it shall be sufficient to produce a copy- (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. (Amended, 31 of 1988, s. 6)

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8 CAP. 219] Conveyancing and Property [1988 Ed. which of them, survived the other or others, such deaths shall, for all purposes affecting the title to property, be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder. [cf. U.K. 1925 c. 20, s. 184] (2)-(3) [Amendments incorporated] Application to court by vendor and purchaser 12. (1) A vendor or purchaser of land may apply by petition or by originating summons to the court in respect of any question arising out of or connected with any contract for the sale or exchange of land (not being a question affecting the existence or validity of the contract or relating to compensation payable by the Crown or a public body), and the court may make such order upon the petition or originating summons and as to costs as to the court appears just. (2) In this section, "court" means the High Court unless the vendor and purchaser submit to the jurisdiction of the District Court. [cf. U.K. 1925 c. 20 s. 49] Proof of title and recitals 13. (1) Unless the contrary intention is expressed, a purchaser of land shall be entitled to require from the vendor, as proof of title to that land, only production of the Crown lease relating to the land sold and--- (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, extending 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; (Replaced, 31 of 1988, s. 6) (b) production of any document referred to in the assignment, mortgage or charge mentioned in paragraph (a) creating or disposing of an interest, power or obligation, which is not shown to have ceased or expired and subject to which any part of that land is disposed of; and (c) production of any power of attorney under which any document produced is executed where that document was executed less than 15 years before the contract of sale of that land. (Amended, 31 of 1988, s. 6) (2) Where this section requires the production of any document, it shall be sufficient to produce a copy- (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. (Amended, 31 of 1988, s. 6)

2026-05-04 11:52:36 · Baseline

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CAP. 219]

Conveyancing and Property

[1988 Ed.

which of them, survived the other or others, such deaths shall, for all

purposes affecting the title to property, be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder.