| To make provision relating to conveyancing and the law of property; to make provision concerning agreements and deeds relating to land and other agreements; to make provision for the acquisition and holding of land and other property; to provide for standard agreements and deeds relating to land; to imply certain covenants and other provisions in agreements and deeds relating to land; to revise and consolidate certain miscellaneous provisions relating to land and other matters; and for connected purposes. [1 November 1984] (Originally 62 of 1984) Cap 219 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Conveyancing and Property Ordinance. Cap 219 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "assignment" (转让、转让契) includes- (a) the transfer of the whole of the interest in land held under a Government lease; (Amended 31 of 1988 s. 2; 29 of 1998 s. 105) (b) a legal charge; (c) a lease (other than a Government lease); (Amended 29 of 1998 s. 105) (d) a surrender; (e) an assent; and (f) every other assurance or conveyance of land by any instrument;"bankruptcy" (破产) includes winding up; "borrower" (借款人), where used in the First, Second and Third Schedules, includes "mortgagor"; "encumbrance" (产权负担) includes a legal and equitable mortgage, a trust for securing money, a lien, a charge of a portion, annuity, or other capital or annual sum; and "encumbrancer" (产权负担人) has a meaning corresponding with that of "encumbrance" and includes every person entitled to the benefit of an encumbrance, or to require payment or discharge thereof; (Added 32 of 2000 s. 6) "equitable interest" (衡平法权益) means any estate, interest or charge in or over land which is not a legal estate or a freehold; "instrument" (文书) means any document having legal effect except a will; "land" (土地) includes- (a) land covered by water; (b) any estate, right, interest or easement in or over any land; (bb) the whole or part of an undivided share in land and any estate, right, interest or easement in or over the whole or part of an undivided share in land; and (Added 31 of 1988 s. 2) (c) things attached to land or permanently fastened to anything attached to land;"legal charge" (法定押记) means a mortgage expressed to be a legal charge; "legal estate" (法定产业权) means- (a) a term of years absolute in land; (b) the legal interest in any easement, right or privilege in or over land for an interest equivalent to a term of years absolute; and (c) a legal charge;"lender" (贷款人), where used in the First, Second and Third Schedules, includes "mortgagee"; "mortgage" (按揭) means a security over land for securing money or money's worth; "mortgage money" (按揭金) means the money, or money's worth, secured by a mortgage; "mortgagee" (承按人) includes any person claiming under a mortgagee; "mortgagor" (按揭人) includes any person claiming under a mortgagor; "sale" (售卖), in relation to the sale of land, includes the disposition of all or part of the vendor's estate and interest under a Government lease; (Amended 29 of 1998 s. 105) "term of years absolute" (绝对年期) includes a term for less than a year, for a year or years and a fraction of a year and from year to year. Cap 219 s 3 Land contracts to be in writing PART II GENERAL RULES AFFECTING PROPERTY (1) Subject to section 6(2), no action shall be brought upon any contract for the sale or other disposition of land unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged or by some other person lawfully authorized by him for that purpose. (2) This section applies to contracts or other dispositions whenever made and does not affect the law relating to part performance or sales by the court. [cf. 1925 c. 20 s. 40 U.K.] Cap 219 s 4 Legal estate to be disposed of etc. by deed (1) A legal estate in land may be created, extinguished or disposed of only by deed. (2) This section does not apply to- (a) an assent in writing by a personal representative; (b) a disclaimer made in accordance with section 59 of the Bankruptcy Ordinance (Cap 6) or section 268 of the Companies Ordinance (Cap 32); (c) a surrender by operation of law, including a surrender which may, by law, be effected without writing; (d) the grant, disposal or surrender of a lease taking effect in possession for a term not exceeding 3 years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without a premium; (e) other assurances not required by law to be made in writing; (f) a receipt not required by law to be under seal; (g) a vesting order or vesting declaration by a court or other competent authority; (h) a creation, extinguishment or disposal of a legal estate in land by operation of law. [cf. 1925 c. 20 s. 52 U.K.] Cap 219 s 5 Certain instruments to be in writing |
