| To amend the law as to sales of land by public auction. [12 July 1886] (Originally 13 of 1886 (Cap 27 1950)) Cap 27 Preamble (Repealed 25 of 1998 s. 2) Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 Cap 27 s 1 Short title This Ordinance may be cited as the Sale of Land by Auction Ordinance. (Amended 5 of 1924 s. 6) [cf. 1867 c. 48 s. 1 U.K.] Cap 27 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 In this Ordinance, unless the context otherwise requires- "auctioneer" (拍卖人) means any person selling by public auction any land, where in lots or otherwise; "land" (土地) means any interest in any messuages, lands, or tenements of whatever tenure within Hong Kong. (Amended 62 of 2000 s. 3) [cf. 1867 c. 48 s. 3 U.K.] Cap 27 s 3 Rule respecting sales without reserve (1) The particulars or conditions of sale by auction of any land shall state whether such land will be sold without reserve, or subject to a reserved price, or whether a right to bid is reserved. (2) If it is stated that such land will be sold without reserve or to that effect, then it shall not be lawful for the seller to employ any person to bid at such sale or for the auctioneer to take knowingly any bidding from any such person. [cf. 1867 c. 48 s. 5 U.K.] Cap 27 s 4 Sale subject to right of seller to bid Where any sale by auction of land is declared, either in the particulars or conditions of such sale, to be subject to a right for the seller to bid, it shall be lawful for the seller or any one person on his behalf to bid at such auction in such manner as he may think proper. [cf. 1867 c. 48 s. 6 U.K.] Cap 27 s 5 Discontinuance of practice of opening biddings by order of court, except on ground of fraud Remarks: Amendments retroactively made - see 25 of 1998 s. 2 No opening of the bidding on any sale by auction of land under or by virtue of any order of the High Court shall be allowed, and the highest bona fide bidder at such sale, provided he has bid a sum equal to or higher than the reserved price, if any, shall be declared and allowed the purchaser, unless the court or judge, on the ground of fraud or improper conduct in the management of the sale, on the application of any person interested in the land (such application to be made to the court or judge before the Registrar's certificate of the result of the sale has become binding), either opens the biddings, holding such bidder bound by his bidding, or discharges him from being the purchaser, and orders the land to be re-sold, on such terms as to costs or otherwise as the court or judge may think fit. (Amended 50 of 1911 s. 4; 25 of 1998 s. 2) [cf. 1867 c. 48 s. 7 U.K.] Cap 27 s 6 Sales by order of court Except as aforesaid, nothing in this Ordinance shall affect any sale of land made under or by virtue of any order of court. (Amended 50 of 1911; 62 of 1911 Schedule) [cf. 1867 c. 48 s. 8 U.K.] |
