| To amend the law relating to the partition and sale of property in land under co-ownership. [4 July 1969] (Originally 36 of 1969) Cap 352 s 1 Short title This Ordinance may be cited as the Partition Ordinance. Cap 352 s 1A Interpretation Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 In this Ordinance, unless the context otherwise requires- "Court" (法院、法庭) means the Court of First Instance or the District Court; (Amended 25 of 1998 s. 2) "Director" (署长) means the Director of Lands; (Amended L.N. 291 of 1993) "Partition Rules" (分划规则) means rules made under section 10. (Added 19 of 1987 s. 2) Cap 352 s 2 Power to order partition or sale of property in land Subject to this Ordinance, where any property in land is held by 2 or more persons, whether as joint tenants or as tenants in common, the Court may- (a) make an order under section 4 for a partition of the property; (b) make an order under section 6 for a sale of the property; or (c) refuse to make any order. [cf. 1540 c. 32 s. 1 U.K.] Cap 352 s 3 Institution of proceedings and parties thereto Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where any property in land is held in the manner referred to in section 2, any person interested in such property may institute proceedings in the Court under this Ordinance by way of an action for partition or sale. (2) In any proceedings under this Ordinance the Director shall be served with such documents relating to the proceedings as may be prescribed by the Partition Rules (Cap 352 sub. leg.). (Added 19 of 1987 s. 3) (3) Subject to subsection (2), proceedings under this Ordinance may be instituted against one or more of the persons interested without serving the other or others, and no defendant may object for want of parties. (Amended 19 of 1987 s. 3) [cf. 1868 c. 40 s. 9 U.K.] (4) At the hearing of the proceedings the Court may direct such inquiries as to the nature of the property, the persons interested therein and such other matters as it thinks necessary or proper, and it may add any person as a party whose presence before the Court is considered desirable; and where a person is added as a party by the Court under this subsection, the person having the conduct of the proceedings shall serve notice of the addition on the Director. (Amended 19 of 1987 s. 3) [cf. 1868 c. 40 s. 9 U.K.] (5) Subject to subsections (6) and (7), the Director and every other person interested in any manner shall be served with notice of the judgment or order of the Court, and the provisions of the Rules of the High Court (Cap 4 sub. leg. O. 44 r. 3) dealing with service of notice of judgment shall thereupon apply. (Amended 19 of 1987 s. 3; 25 of 1998 s. 2) [cf. 1868 c. 40 s. 9 U.K.] (6) Where it appears to the Court that notice in accordance with subsection (5) cannot be served or cannot be served without expense disproportionate to the value of the property, the Court may, if it thinks fit, by order- (a) dispense with such service on any person or class of persons mentioned in the order; and (b) direct notices to be published at such time and in such manner as it thinks fit, calling upon all persons claiming to be interested in the property and who have not been served, to establish their claims before the Court within a time specified in the notice,and after expiration of the time specified, all persons claiming to be interested shall be bound by the proceedings as if they had been served in accordance with subsection (5). [cf. 1876 c. 17 s. 3 U.K.] (7) Subsection (6) shall not apply to service on the Director. (Added 19 of 1987 s. 3) Cap 352 s 3A Addition of Secretary for Justice as defendant (1) In any proceedings under this Ordinance the Secretary for Justice may at any stage of the proceedings apply to the Court to be joined as a party, and on such application the Court shall add him as a defendant. (2) The Secretary for Justice shall serve notice of his addition as a party, on every other party to this proceedings. (3) Any provision in this Ordinance or the Partition Rules (Cap 352 sub. leg.) by which any document is required to be served on the Director shall, where the Secretary for Justice is added as a defendant under subsection (1), have effect thereafter as if it required the Secretary for Justice to be served as a party and not the Director. (Amended L.N. 446 of 1994) (Added 19 of 1987 s. 4. Amended L.N. 362 of 1997) Cap 352 s 3B Memorandum for stay of proceedings Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) In any proceedings under this Ordinance, at any stage except after the addition of the Secretary for Justice if such be the case, the Director may notify in writing the parties of his intention to seek advice on any matter arising out of the proceedings and shall file in Court a memorandum of such notification and no fee shall be charged in respect of the memorandum. (Amended L.N. 362 of 1997) |
