### Bills of Sale Ordinance 《賣據條例》

9. Mode of registering bills of sale
(1) A bill of sale shall be attested and registered under this Ordinance in the following manner—
(a) in the case of—
(i) a bill of sale made or given by way of security for the payment of money, the execution of the bill by the grantor shall be witnessed by one or more credible witnesses, not being a party or parties thereto; and
(ii) any other bill of sale, the execution of the bill by the grantor shall be witnessed by a solicitor of the High Court if it is executed in Hong Kong or by a person authorized under the law of a place outside Hong Kong to administer oaths if it is executed in any place outside of Hong Kong, and the attestation shall state that before the execution of the bill the effect thereof has been explained to the grantor by the attesting solicitor or authorized person, as the case may be; (Replaced 55 of 1967 s. 4. Amended 25 of 1998 s. 2)
(b) the bill, with every schedule or inventory thereto annexed or therein referred to, and also a true copy of the bill, and of every such schedule or inventory, and of every attestation of the execution of the bill, together with an affidavit of the time of the bill being made or given and of its due execution and attestation, and a description of the residence and occupation of the person making or giving the same (or, in case the same is made or given by any person under or in execution of any process, then a description of the residence and occupation of the person against whom such process issued), and of every attesting witness to the bill shall be presented to, and the said copy and affidavit shall be filed with, the Registrar within 7 clear days after the making or giving of the bill; and
(c) if the bill is made or given subject to any defeasance, condition, or declaration of trust not contained in the body thereof, such defeasance, condition, or declaration shall be deemed to be part of the bill, and shall be written on the same paper or parchment therewith before the registration, and shall be truly set forth in the copy filed under this Ordinance therewith and as part thereof, otherwise the registration shall be void.
(2) In case 2 or more bills of sale are given, comprising in whole or in part any of the same chattels, they shall have priority in the order of the date of their registration respectively as regards such chattels.
(3) A transfer or assignment of a registered bill of sale need not be registered.
[cf. 1878 c. 31 s. 10 U.K.; 1882 c. 43 s. 10 U.K.]

### Bills of Sale Ordinance 《賣據條例》

10. Renewal of registration
(1) The registration of a bill of sale must be renewed once at least every 5 years, and if a period of 5 years elapses from the registration or renewed registration of a bill of sale without a renewal or further renewal, as the case may be, the registration shall become void. (Amended 51 of 1911; 62 of 1911 Schedule)
(2) The renewal of a registration shall be effected by filing with the Registrar an affidavit stating the date of the bill of sale and of the last registration thereof, and the names, residences, and occupations of the parties thereto as stated therein, and that the bill of sale is still a subsisting security.
(3) Every such affidavit may be in Form 1 in the Schedule. (Amended 50 of 1911 s. 4)
(4) A renewal of registration shall not become necessary by reason only of a transfer or assignment of a bill of sale.
[cf. 1878 c. 31 s. 11 U.K.]

11. Bill of sale to have schedule of property attached
Every bill of sale shall have annexed thereto or written thereunder a schedule containing an inventory of the personal chattels comprised in the bill of sale; and such bill of sale, save as hereinafter mentioned, shall have effect only in respect of the personal chattels specifically described in the said schedule, and shall be void, except as against the grantor, in respect of any personal chattels not so specifically described.
[cf. 1882 c. 43 s. 4 U.K.]

12. Bill of sale not to affect after acquired property
Save as hereinafter mentioned, a bill of sale shall be void, except as against the grantor, in respect of any personal chattels specifically described in the schedule thereto of which the grantor was not the true owner at the time of the execution of the bill of sale.
[cf. 1882 c. 43 s. 5 U.K.]

13. Exception as to certain things
Nothing hereinbefore contained shall render a bill of sale void in respect of any of the following things—
(a) any growing crops separately assigned or charged where such crops were actually growing at the time when the bill of sale was executed; and
(b) any fixtures separately assigned or charged and any plant or trade machinery where such fixtures, plant, or trade machinery are or is used in, attached to, or brought upon any land, farm, factory, workshop, shop, house, warehouse, or other place in substitution for any of the like fixtures, plant, or trade machinery specifically described in the schedule to such bill of sale.
[cf. 1882 c. 43 s. 6 U.K.]

### Bills of Sale Ordinance 《賣據條例》

14. Limitation of causes of seizure
Personal chattels assigned under any bill of sale made or given by way of security for the payment of money shall not be liable to be seized or taken possession of by the grantee for any other than the following causes— (Amended 55 of 1967 s. 5)
(a) if the grantor makes default in payment of the sum or sums of money thereby secured at the time therein provided for payment or in the performance of any covenant or agreement contained in the bill of sale and necessary for maintaining the security; or
(b) if the grantor becomes a bankrupt or suffers the said goods or any of them to be distrained for rent, rates, or taxes; or
(c) if the grantor fraudulently either removes or suffers the said goods or any of them to be removed from the premises; or
(d) if the grantor does not, without reasonable excuse, upon demand in writing by the grantee, produce to him his last receipts for rent, rates, and taxes; or
(e) if execution has been levied against the goods of the grantor under any judgment at law:
Provided that the grantor may, within 5 days from the seizure or taking possession of any chattels on account of any of the above-mentioned causes, apply to the court or judge who may, if satisfied that, by payment of money or otherwise, the said cause of seizure no longer exists, restrain the grantee from removing or selling the said chattels or may make such other order as may seem just. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule)[cf. 1882 c. 43 s. 7 U.K.]

15. Form of bill of sale
A bill of sale made or given by way of security for the payment of money by the grantor thereof shall be void unless made in accordance with Form 2 in the Schedule.
(Amended 50 of 1911 s. 4) [cf. 1882 c. 43 s. 9 U.K.]

16. Avoidance of bill of sale under $150
Every bill of sale made or given by way of security for the payment of money in consideration of any sum under $150 shall be void.
(Amended 55 of 1967 s. 6)[cf. 1882 c. 43 s. 12 U.K.]