### Partition Ordinance 《分劃條例》

1. Short title
This Ordinance may be cited as the Partition Ordinance.

1A. Interpretation
In this Ordinance, unless the context otherwise requires—
Court

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.]

### Partition Ordinance 《分劃條例》

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. A) 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; E.R. 4 of 2021)
(Added 19 of 1987 s. 4. Amended L.N. 362 of 1997)

### Partition Ordinance 《分劃條例》

3B. Memorandum for stay of proceedings
(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)
(2) Where any memorandum is so filed in respect of proceedings, then, unless otherwise ordered by a judge, the proceedings shall, by virtue of this section, be stayed for such period, being not less than 14 days, as may be prescribed, and during such period (unless otherwise ordered by a judge) time fixed by or under any law or otherwise for the doing of any act or the taking of any step in the proceedings shall not run.
(3) The filing of a memorandum under this section—
(a) shall not operate to prevent the making of—
(i) an interlocutory order for an injunction or for the appointment of a receiver or manager or receiver and manager; or
(ii) any other order which, in the opinion of a judge, is necessary to prevent an irremediable injustice;
(b) unless otherwise ordered by a judge, shall not operate to prevent the institution or continuance of proceedings to obtain, enforce or otherwise carry into effect any order mentioned in paragraph (a) or a decree to the like effect.
(4) The period for which proceedings are stayed by virtue of this section may be reduced or extended by order of a judge.
(5) The powers of a judge under this section in relation to a memorandum may be exercised by the Registrar, subject to any provisions in the High Court Ordinance (Cap. 4) or rules made thereunder in respect of the jurisdiction of the Registrar in proceedings for the grant of an injunction. (Amended 25 of 1998 s. 2)
(6) In this section—
judge

### Partition Ordinance 《分劃條例》

4. Partition of property in land
(1) In any proceedings instituted under this Ordinance the Court may, subject to subsection (2), make an order for the partition of property in land in any of the following ways—
(a) into parcels held by single owners in severalty;
(b) into parcels held by 2 or more owners as joint tenants;
(c) into parcels held by 2 or more owners as tenants in common,
and may partition the property in all those ways or in any combination of them and give all necessary or proper consequential directions. (Amended L.N. 235 of 1996)
(2) Where there is a building on any land, the Court shall not partition the property in that land so that part only of a building stands on any parcel into which the property in the land is partitioned unless that part of the building is self-contained and is not connected to the remainder of the building otherwise than by a party-wall or a mutual staircase, or both.
(3) No order for partition shall prejudice any person other than a party to the proceedings. [cf. 1540 c. 32 s. 2 U.K.]

5. Court may apportion rights and obligations and create easements
(1) The Court may, at any time after it has made an order under section 4 for the partition of the property, on the application of any person interested or of its own motion, make an order under this section, which order may—
(a) apportion or adjust between the several parcels into which the property is partitioned any rights, obligations or liabilities in force in respect of the property;
(b) create, as between the several parcels into which the property is partitioned, or any of them, any easement, together with rights and obligations attaching thereto,
and any order under this section shall have effect as if all necessary dispositions or agreements had been duly made for that purpose by all persons concerned.
(2) In any proceedings under this Ordinance any order made under subsection (1) shall be served on the Director by the person having the conduct of the proceedings. (Added 19 of 1987 s. 5)