Hong kong conveyancing is a renowned reference work, with over 20 years heritage in hong kong, yet remaining the only reference work dealing with this subject in hong kong this voluminous work, presented in two volumes, within eleven looseleaf binders, provide an extensive and detailed description of the law and practice, as well as the. Contract law in hong kong is the first comprehensive textbook on this topic for more than ten years. Associate of arts in legal studies course intended learning outcomes. The liability to ssd will arise if there is sale and purchase or transfer of a residential property of which the property acquired by theis. Residential properties first hand sales ordinance ord. Application for charging ad valorem stamp duty at lower rates scale 2 reason of application please attach relevant documentary evidence to support the claim acquisition of a residential property by a hong kong permanent resident hkpr jointly with a close relative or close. Land transactions are further governed by the land registration ordinance.
A subcomponent of the index of economic freedom, the property rights index measures the degree to which a countrys laws protect private property rights, and the degree to which its government enforces those laws. Hayden flinn, cochief executive and managing partner in hong kong office, is a wellrecognized figure in the real estate funds field. Preliminary agreementsprovisional agreements 108 i. This is permissible under the eao so long as the agent informs both clients that he is so acting and has the consent of both. The residential properties firsthand sales ordinance. The estate duty ordinance is one of hong kong ordinances. Established in hong kong in 1972, swire properties develops and manages worldclass commercial, retail, hotels and residential properties. The company was listed on the main board of the stock exchange of hong kong in 2012. The blog is not intended as advice professional, legal or otherwise but is. Running for the hong kong ordinances will also be barking up the wrong tree, for they wont illum. If their contributions are unequal, they are presumed to take beneficially, as tenants in common, shares proportionate to the sums paid. Conveyancing and property litigation in hong kong provides muchneeded guidance and insight in this important area of the law. Intra group relief transfer or sale of hong kong stock and immovable property. These buildings have reached their designed working life and usually lack proper repair and maintenance.
All land in hong kong is leasehold land, with the exception of st. At the time of writing, some of the key sections of the ordinance are not yet in force. This excludes minerals and treasure troves, which is explicitly defined by section 3 of the mining ordinance and section 10 of the antiquities and. For enquiries, please contact our property department. 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. Nevertheless, your agent may ask you to sign an estate agency. 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. Procedures to buy and sale property in hong kong guides. Remission of stamp duty on delivery of hong kong stocks as consideration for. The hong kong branch is one of the biggest offices and has won most innovative law firm asiapacific in the financial times asiapacific innovative lawyers awards in 2014. Subject to the conditions set out in section 45 of the stamp duty ordinance the. As at june 2011, hong kong had about 4,000 buildings aged 50 years or older. Short title and commencement 1 this ordinance may be cited as the residential properties first hand sales ordinance.
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. The law and procedure on this subject are very specialised and complicated. The 16 chapters of the book cover all basic contract concepts in a readerfriendly style, which makes ample use of case illustration. To make provision relating to conveyancing and the law of property. Residential properties firsthand sales ordinance pdf format, 5. Residential properties firsthand sales ordinance contents. Land rights are generally provided by way of government lease. Steps to buy and sale property in hong kong it is a normal procedures to buy and sale property but it may vary according to the type of the property. Apple is good means to find documents having the exact phrase apple is good. In the property information form, blanks have to be filled in with information obtained from prescribed sources and there is a copied to. In other words, you will lose the protection from the courts if you sell or buy a flat through. Since 7th october 1971, the laws of hong kong no longer allow a man to take a concubine.
Proposed changes to property valuation requirements. The companies ordinance chapter 32 of the laws of hong kong co requires a property valuation report to be included in a prospectus if the interests in land or buildings shown in the companys last accounts exceed 10% of its assets or have a. Please click the link below for the full text of the ordinance. This can be achieved by appointing a sale agency or through online platform. The ordinance aims to promote the integrity and standard of property management services, by providing for licensing of companies and individual practitioners. Anyone running straight for the basic law of the hong kong sar 1997 for the whys and wherefores of that freehold will be barking up the wrong tree. Designs that are identical to or different only in immaterial details of their features from those already published defined so as to cover designs used in trade as well in hong kong or elsewhere are not registrable.
Conveyancing and property ordinance hong kong land. Application for charging ad valorem stamp duty at lower. Guidelines on the approach to the public order ordinance. The law of real property and general editor of the conveyancer, who is one of the foremost experts of the law of land registration in england. A realistic definition as it applies in hong kong would be that a land owner owns airspace and all land below the surface. In 2001 we became one of the approved solicitors firms under the home starter loan scheme operated by the hong kong housing society. It regulates the hk estate duty which was a tax imposed on capital asset the net value of property situated in hong kong at the date of the taxpayers death. The freedom or right to peaceful assembly and to peaceful public procession are fundamental rights guaranteed in the basic law bl of the hksar and the hong kong bill of rights ordinance boro, cap. Hwb property and building management law alert january.
Property owner put their property in the market for sale. Property law is comprised of matters regarding the assignment and purchase of buildings, but it also deals with the concept of tenant and landlord regulations, which is a part of property law. If you want to match the order of words, specify near apple, lemon, 2, true a percent sign % can be used to match zero or more characters. The use and abuse of emergency powers by the hong kong government pdf. Master gilt edged stock lending agreement, version 1996, geslapdf.
Duties and hong kong residential properties regulation the practice regulation has prescribed the forms, such as the property information form and estate agency agreements. When two or more persons purchase property together and provide the money in equal shares, they are presumed to be joint tenants. Conveyancing property ordinance hong kong conversion. A government lease conveys certain rights to occupy, develop and use parcels of land in the territory in return for payment of government rent. Hong kong law is prolandlord june 20, 2006 recent changes in the law such as the removal of the security of tenure and the ability to forfeit a contract after 15 days of delay in rental payment or persistent delays in payment have changed the balance of power in favor of the landlord. Posts about conveyancing and property ordinance written by edmond cheung. It is chargeable irrespective of whether the deceased was a resident of hong kong. Estate agents ordinance and subsidiary legislation 15 licensees important definitions in the eao 17. Johns cathedral being the only freehold property in hong kong.
Highprofile areas, as identified by important recent cases, are covered in a practical and succinct manner, with a focus on areas of difficulty. Particular emphasis is placed on what makes hong kong law different from other common law jurisdictions. Butterworths hong kong conveyancing and property law. The term design is defined by means of the same wording as the uk act. In order to encourage the redevelopment of dilapidated buildings, the land compulsory sale for redevelopment ordinance cap. Full new companies ordinance chapter 622 companies registry. Flats sold under hos private sector participation scheme psps buy or rent option mortgage subsidy scheme and melody garden in the middle income housing scheme since the launch of hos phase 3b in may 1982 are subject to alienation restrictions as stipulated in the schedule to the housing ordinance cap. Yet, according to section and schedule 1 of the intestates estate ordinance cap. For further details on property laws and regulations, you can seek counsel from a lawyer in hong kong.
Please set the page orientation to landscape for printing of bilingual texts on a single page. Under section 3 of the conveyancing and property ordinance cap. Near apple, lemon, 2, false means to find documents having apple within 2 words apart from lemon. Residential and commercial conveyancing we conduct both residential and commercial conveyancing and regularly receive instructions from over 20 banks for the preparation of mortgages. Dual agency in hong kong, an estate agent often acts for both sides in a property transaction, that is, both the vendor and the purchaser or both the landlord and the tenant.
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