1986 Ed.]
Land Registration
[CAP. 128
3
conveyances, and other instruments in writing, and wills and judgments, any parcels of ground, tenements, or premises in Hong Kong may be affected, may be entered and registered in the said office in the prescribed manner. (Amended, 50 of 1911, s. 4 and Schedule; 10 of 1953, s. 2 and 56 of 1980, s. 3 and s. 12)
(2) For the purpose of this Ordinance, "judgments" includes judgments and orders of the High Court, the District Court and the Lands Tribunal. (Added, 10 of 1953, s. 2. Amended, 29 of 1983, s. 48)
2A. (1) A document effecting a charge over all or part of the property which may, from time to time, be owned by the chargor (commonly called "a floating charge"), whether or not it specifically identifies any land charged, is not, for the purposes of section 2, a deed, conveyance or other instrument in writing by which any parcel of ground, tenement or premises in Hong Kong may be affected.
(2) A document effecting a floating charge created before or after 1 November 1984-
(a) becomes a fixed charge on the land intended to be affected;
and
(b) for the purposes of section 2, is a deed, conveyance or other instrument in writing by which any parcel of ground, tenement or premises in Hong Kong may be affected,
upon crystallization of that charge after 1 November 1984 as evidenced by a certificate signed by or on behalf of the chargee.
(3) For the purposes of section 5, the time of execution of a charge mentioned in subsection (2) is the time of signature of the certificate mentioned in that subsection.
(Added, 62 of 1984, s. 57)
3. (1) Subject to this Ordinance, all such deeds, conveyances, and other instruments in writing, and wills and judgments, made, executed, or obtained, and registered in pursuance hereof, shall have priority one over the other according to the priority of their respective dates of registration, which dates shall be determined in accordance with regulations made under this Ordinance. (Amended, 50 of 1911, Schedule; 34 of 1978, s. 2 and 56 of 1980, s. 4)
(2) All such deeds, conveyances, and other instruments in writing, and wills and judgments, as last aforesaid, which are not registered shall, as against any subsequent bona fide purchaser or mortgagee for valuable consideration of the same parcels of ground, tenements, or premises, be absolutely null and void to all intents and purposes:
Provided that nothing herein contained shall extend to bona fide leases at rack rent for any term not exceeding 3 years. (Amended, 50 of 1911, Schedule)
Floating charge.
Priority of registered instruments; effect of non-registration.
1986 Ed.]
Land Registration
[CAP. 128
3
conveyances, and other instruments in writing, and wills and judg- ments, any parcels of ground, tenements, or premises in Hong Kong may be affected, may be entered and registered in the said office in the prescribed manner. (Amended, 50 of 1911, s. 4 and Schedule; 10 of 1953, s. 2 and 56 of 1980, s. 3 and s. 12)
(2) For the purpose of this Ordinance, "judgments" includes judgments and orders of the High Court, the District Court and the Lands Tribunal. ( Added, 10 of 1953, s. 2. Amended, 29 of 1983, s.
48)
2A. (1) A document effecting a charge over all or part of the property which may, from time to time, be owned by the chargor (commonly called "a floating charge"), whether or not it specifically identifies any land charged, is not, for the purposes of section 2, a deed, conveyance or other instrument in writing by which any parcel of ground, tenement or premises in Hong Kong may be affected.
son
before or
(2) A document effecting a floating charge created before or after 1 November 1984-
(a) becomes a fixed charge on the land intended to be affected;
and
(b) for the purposes of section 2, is a deed, conveyance or other instrument in writing by which any parcel of ground, tenement or premises in Hong Kong may be affected,
upon crystallization of that charge after I November 1984 as evidenced by a certificate signed by or on behalf of the chargee.
(3) For the purposes of section 5, the time of execution of a charge mentioned in subsection (2) is the time of signature of the certificate mentioned in that subsection.
( Added, 62 of 1984, s. 57)
3. (1) Subject to this Ordinance, all such deeds, convey- ances, and other instruments in writing, and wills and judgments, made, executed, or obtained, and registered in pursuance hereof, shall have priority one over the other according to the priority of their respective dates of registration, which dates shall be deter- mined in accordance with regulations made under this Ordinance. (Amended, 50 of 1911, Schedule; 34 of 1978, s. 2 and 56 of 1980, s. 4)
(2) All such deeds, conveyances, and other instruments in writing, and wills and judgments, as last aforesaid, which are not registered shall, as against any subsequent bona fide purchaser or mortgagee for valuable consideration of the same parcels of ground, tenements, or premises, be absolutely null and void to all intents and purposes:
Provided that nothing herein contained shall extend to bona fide leases at rack rent for any term not exceeding 3 years. (Amend- ed, 50 of 1911, Schedule)
Floating charge.
Priority of registered instruments; effect of non-registration.
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