CAP. 352]
Partition
[1987 Ed.
Application of proceeds of sale. L.N. 20/79.
Vesting order.
(Cap. 29.)
Jurisdiction of District Court.
(Cap. 116.)
(Cap. 336.)
Power to make rules.
Transitional. (19 of 1987.)
(a) non-payment of deposit; or
(b) setting off or accounting for the purchase money or any part thereof instead of paying the same; or
(c) as to any other matters.
7. (1) The proceeds of a sale of property under an order under section 6 may, after deduction of the expenses thereof, be paid to trustees appointed by the Court.
(2) Trustees appointed under subsection (1) shall apply the proceeds of sale paid to them in the following order-
(a) in the discharge of any liability due to the Crown in respect of the property; and then
(b) in the discharge of any incumbrance affecting the property directed to be sold; and then
(c) in payment of the residue to the persons interested.
8. (1) Where any judgment has been given or any order made for a partition or sale of property under this Ordinance, the Court may make a vesting order, consequential thereon, under the Trustee Ordinance.
(2) [Deleted, 2 of 1972, s. 8]
9. Jurisdiction is hereby conferred on the District Court for the purpose of any proceedings under this Ordinance where the annual rent or the rateable value, determined in accordance with the provisions of the Rating Ordinance, or the annual value of the property in land, whichever is the least, does not exceed the sum mentioned in section 35 of the District Court Ordinance, and in such proceedings a District Judge shall have the power and authority of a judge of the High Court conferred by this Ordinance.
(Amended, 6 of 1979, s. 3 and 79 of 1981, s. 3)
10. The Chief Justice may make rules in regard to any matter to be prescribed under this Ordinance and dealing generally with all matters of practice and procedure and incidental matters arising out of this Ordinance, and for carrying this Ordinance into effect.
(Added, 19 of 1987, s. 6)
11. Nothing in the Partition (Amendment) Ordinance 1987 ("the amending Ordinance") shall affect any proceedings commenced under this Ordinance before the commencement of the amending Ordinance and any such proceedings may be continued under this Ordinance as if the amending Ordinance had not been enacted.
(19 of 1987, s. 7, incorporated)
"OF HONG KONG LIBRARY * LI ΔΙΝΩ * MAZD
6
CAP. 352]
Partition
[1987 Ed.
Application of proceeds of sale. L.N. 20/79.
Vesting order.
(Cap. 29.)
Jurisdiction of District Court.
(Cap. 116.)
(Cap. 336.)
Power to make rules.
Transitional. (19 of 1987.)
(a) non-payment of deposit; or
(b) setting off or accounting for the purchase money or any
part thereof instead of paying the same; or
(c) as to any other matters.
7. (1) The proceeds of a sale of property under an order under section 6 may, after deduction of the expenses thereof, be paid to trustees appointed by the Court.
(2) Trustees appointed under subsection (1) shall apply the proceeds of sale paid to them in the following order-
(a) in the discharge of any liability due to the Crown in respect
of the property; and then
(b) in the discharge of any incumbrance affecting the property
directed to be sold; and then
(c) in payment of the residue to the persons interested.
8.
(1) Where any judgment has been given or any order made for a partition or sale of property under this Ordinance, the Court may make a vesting order, consequential thereon, under the Trustee Ordinance.
(2) [Deleted, 2 of 1972, s. 8]
9.
Jurisdiction is hereby conferred on the District Court for the purpose of any proceedings under this Ordinance where the annual rent or the rateable value, determined in accordance with the provisions of the Rating Ordinance, or the annual value of the property in land, whichever is the least, does not exceed the sum mentioned in section 35 of the District Court Ordinance, and in such proceedings a District Judge shall have the power and authority of a judge of the High Court conferred by this Ordinance.
(Amended, 6 of 1979, s. 3 and 79 of 1981, s. 3)
10. The Chief Justice may make rules in regard to any matter to be prescribed under this Ordinance and dealing generally with all matters of practice and procedure and incidental matters arising out of this Ordinance, and for carrying this Ordinance into effect.
( Added, 19 of 1987, s. 6)
11. Nothing in the Partition (Amendment) Ordinance 1987 ("the amending Ordinance") shall affect any proceedings com- menced under this Ordinance before the commencement of the amending Ordinance and any such proceedings may be continued under this Ordinance as if the amending Ordinance had not been enacted.
(19 of 1987, s. 7, incorporated)
"OF
HONG
KONG
*
LIBRARY
* LI
ΔΙΝΩ
* MAZD
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