A realistic definition as it applies in hong kong would be that a land owner owns airspace and all land below the surface. Since the first edition, land law in hong kong has emerged as the leading textbook on the subject in hong kong. Conveyancing property ordinance hong kong conversion land law. This excludes minerals and treasure troves, which is explicitly defined by section 3 of the mining ordinance and section 10 of the antiquities and monuments ordinance respectively. This ordinance may be cited as the conveyancing and property ordinance. This series is an essential reference for all legal practitioners involved in property and conveyancing work in hong kong.
The ordinance aims to promote the integrity and standard of property management services, by providing for licensing of companies and individual practitioners who are engaged in property management services. Lexisnexis, 2016 merry building management in hong kong 3rd ed. Section 2 of the conveyancing and property ordinance cap 219 provides the definitions concerning conveyancing and property. Like a provisional agreement, there are no standard forms for a formal agreement. Legal system sources of law court system contract law recommended reference. To print the whole chapter in html, please click at the bottom of the toc panel and then click.
It also considered a discussion paper on netting by depositinsurance scheme prepared by the hong kong monetary authority and a discussion paper entitled the hams proposal prepared by mr david. Ordinance cap 219 cpo, which, inter alia, enables positive land. The ordinance aims to promote the integrity and standard of property management services, by providing for licensing of companies and individual practitioners. The following is a brief summary of the practice and procedures of property conveyancing.
Jul 15, 2015 since the first edition, land law in hong kong has emerged as the leading work on the subject in hong kong. Most conveyancing of property commences with a property being put up for sale by its owner. Hong kong conveyancing and property law handbook, 3rd. The trust comprised substantial trust assets in the form of both land and. Interpretation 12 part ii general rules affecting property 3. Conveyancing and property ordinance cap 219 section 141a.
Sarah nields conveyancing and property ordinance 1988 2. Real estate agents, property developers, property managers and building professionals will also find this collection invaluable. Please set the page orientation to landscape for printing of bilingual texts on a single page. Historical laws of hong kong online conveyancing and. Sihombing and wilkinson hong kong conveyancing law and practice. Butterworths conveyancing and property law handbook 187 43.
Since the first edition, land law in hong kong has emerged as the leading work on the subject in hong kong. Land law in hong kong, 4th edition student edition. Conveyancing was essentially the bread and butter business for many. Faq on making a will in hong kong ytt hk legal service. Therefore, ive written this article where i present some of the top conveyancing lawyers in hong kong. Audrey eu, sc in letter dated 20th february 2001document 2 and by the law society in letter dated 20th february 2001 document 3 part a comments common to both documents 1 and 2. The importance of multistoreybuildings in hong kong land law and conveyancing is also illustrated by the enactment in hong kong of s41 of the conveyancing and property ordinance cap 219 cpo, which, inter alia, enables positiveland covenants such as payment of management fees and maintenance or repair of buildings to be enforced. Lexisnexis, 2016 nield, sarah hong kong land law 2nd ed. This excludes minerals and treasure troves, which is explicitly defined by section 3 of the mining ordinance and section 10 of the antiquities and. We would like to show you a description here but the site wont allow us. Consultation paper on proposed amendments to the conveyancing and property ordinance cap. Conveyancing and property ordinance hong kong land surveyor.
Head, department of professional legal education, faculty of law, university of hong kong. Land law in hong kong fourth edition lexisnexis hong kong. It covers all essential topics, including major forms of acquisition, the protection of ownership or interests in land, leases, licences, easements and mortgages. If you decide to buy property in hong kong, its highly recommended to hire a conveyancing lawyer, that can help you with communication, to transfer the title and more. Like a provisional agreement, there are no standard forms for a. Hplw4010 land law and conveyancing university of hong. Hplw4010 land law and conveyancing university of hong kong. Property conveyancing, property conveyancer in hong kong. Cap 219 s 2 interpretation in this ordinance, unless the context otherwise requires assignment includes a the transfer of the whole of the interest in land held under a government lease. The law and procedure on this subject are very specialised and complicated.
A welldeveloped land regime in which property rights are well respected and protected plays a key role in contributing to the success of hong kong as an international financial and commercial hub. Bankruptcy ordinance transactions at an undervalue b section 50, bankruptcy ordinance extended. The blog is not intended as advice professional, legal or otherwise but is assembled with surveyrelated issues. Consultation on amendments to land titles ordinance. In 2001 we became one of the approved solicitors firms under the home starter loan scheme operated by the hong kong housing society. With the current laws of hong kong available on the web, the historical laws of hong kong online. The formal agreement for sale and purchase is usually prepared by the vendors solicitors for the approval of the purchasers solicitors and comes after a provisional agreement for sale and purchase in a conveyancing transaction. The historical laws of hong kong online is a fulltext image database providing access to past revised editions of hong kong laws. Property law in hong kong an introductory guide second edition the research funding for this book was sponsored by the hong kong institute of surveyors.
In this course, students will examine the principles underlying the land tenure system in hong kong. Butterworths hong kong conveyancing and property law handbook, now in its fourth edition, is a detailed work of reference containing uptodate annotated materials on the conveyancing and property ordinance cap 219, land registration ordinance cap 128, landlord and tenant consolidation ordinance cap 7, lands resumption ordinance cap 124, land acquisition possessory title ordinance. A will in hong kong is a testamentary legal document made according to the wills ordinance. Enquiries made in connection with title requisitions in. Land law in hong kong fourth edition lexisnexis hong. A will is a legal document you use to leave property to close family members, friends, or charities.
Examination on legal framework and land boundary survey. With the current laws of hong kong available on the web, the historical laws of hong kong online database rightly. The new section 23a of the conveyancing and property ordinance was enacted by section 10 of the law amendment and reform miscellaneous provisions ordinance 2003. In the property market in hong kong, most owners sell their properties through estate agents. Tony was an accountant with substantial experience in tax matters in hong kong and utopia. These national laws apply in hong kong by the hong kong legislature legislating on the same matter.
In hong kong, there are several types of sale and purchase agreements. Enquiries made in connection with title requisitions in property conveyancing. The university of hong kong hku space community college grade descriptors for final. Applicable rules and regulations the relevant statutory provision in relation to setting aside a sale of property is section 60 of the conveyancing and property ordinance cap 219 cpo which provides that subject to. These notes are issued for the information of duty payers and their tax representatives. Examination on legal framework and land boundary survey system in hong kong syllabus here refers to hong kong context only.
Society to the conveyancing and property ordinance cap. Background and reasons for proposals by the law society to amend. Conveyancing was essentially the breadandbutter business for many. Section 24 of the stamp duty ordinance cap 117 deems certain debts. Separately, although not part of the insolvency regime in hong kong, there is a power to set aside transactions which were entered into with intent to defraud creditors under section 60 of the conveyancing and property ordinance cap 219.
It is not the intention to recreate original section 373b of the ordinance by section 42. Annotated ordinances of hong kong lexisnexis hong kong. Butterworths hong kong conveyancing and property law. Butterworths hong kong conveyancing and property law handbook, now in its fourth edition, is a detailed work of reference containing uptodate annotated materials on the conveyancing and property ordinance cap 219, land registration ordinance cap 128, landlord and tenant consolidation ordinance cap 7, lands resumption ordinance cap 124, land acquisition possessory title. The only series of case reports focusing on all aspects of conveyancing and property in hong kong that are of practical relevance and importance to local practitioners. A sheet adverse possession ambiguity block government lease boundaries boundaries fixed by agreement boundary agreement boundary dispute cadastral survey sheet cameron v boggiano common law and equity conditions of sale conveyancing and property ordinance correlation of dd sheet dd control sheet dd sheet demarcation district demarcation. Any deed, conveyance or other document or instrument in writing, judgments, and lis pendens referred to in the land registration ordinance cap. They contain the departments interpretation and practices in relation to the law as it stood at the date of publication. Relevant time must the debtor be insolvent at transaction time.
Consultation paper on proposed amendments to the conveyancing. Leung room 502 aon china building, 29 queens road central hong kong tel. Recipients not in good faith and for good consideration or had knowledge of the intent. Conveyancing and property ordinance 1984 certificates of compliance section 14 some conveyancing solicitors have experienced difficulties regarding the precise meaning and effect of section 14 of the conveyancing and property ordinance 1984. It covers all essential topics, including major forms of acquisition, the protection of ownership or interests in land, leases, licences, easements and. Reco6042mortgage reference materials 1 butterworths. This article is just a very general outline for reference and cannot be relied upon as legal advice in any individual case. Hong kong conveyancing and property law handbook, 3rd edition. Property and conveyancing question 1 on 1 july 2015 sam sung entered into a binding sale and purchase agreement the agreement to subsell his residential flat at 3a bauhinia court, 3 bauhinia road, kowloon the property to pansy poon with completion on 15 september 2015.
Study guide to estate agency law and practice contents pdf the real estate agency trade in hong kong pdf estate agents ordinance and subsidiary legislation pdf other laws governing estate agency practice and conveyancing procedures pdf introduction to the land registration system, land search and propertyrelated information systems. Sarah nields hong kong land law, 2 nd edition 1996 edition 3. Hong kong conveyancing and property law handbook 3rd edition is a detailed reference work containing uptodate materials on the conveyancing and property ordinance cap 219 and land registration ordinance cap 128, the two most important ordinances pertaining to conveyancing law and practice in hong kong. Short title and commencement a3363 division 2 interpretation of this ordinance. Essential requirements intent to defraud creditors. Rbjls wellestablished property and conveyancing practice covers a wide range of property related transactions including hong kong housing authority projects hos scheme, psps projects, home starter loan scheme, village house sales and purchases, bank loan finance and mortgages, commercial and residential leases, propertyrelated litigation, tenancy disputes and single. Cb2plajls 14 march 2002 legislative council, legislative council building 8 jackson road central hong kong. We conduct both residential and commercial conveyancing and regularly receive instructions from over 20 banks for the preparation of mortgages. In this course, students will examine the principles underlying the. The database comprises a total of seven consolidations of the laws of hong kong. This extensive work is one of the most useful legal resource as each section of the legislation is described, defined, interpreted, explained and referenced to the detail.