### Municipal Services Appeals Board Ordinance 《市政服務上訴委員會條例》

15. Decision of the Board
(1) The Board shall give reasons in writing for its decisions, and those reasons shall include its findings on material questions of fact and a reference to the evidence or other material on which those findings were based.
(2) The Secretary shall serve a copy of the Board’s decision and of the reasons for the decision on the parties to the appeal.
(3) Where the Board orders that its decision is not to come into operation until a specified date, the decision comes into operation on that date; in other cases the decision of the Board comes into operation immediately the decision is given.
(4) A document purporting to be a copy of a decision or order of the Board and to be certified by the Secretary to be a true copy of the decision or order is admissible in any proceedings as evidence of the decision or order.
(Amended 78 of 1999 s. 7)

16. Immunity
(1) The Chairman and Vice-chairman and members of the Board have, in the performance of their duties under this Ordinance, the same privileges and immunities as a judge of the Court of First Instance. (Amended 25 of 1998 s. 2)
(2) A witness, party to any appeal, representative or other person appearing before the Board has the same privileges and immunities as he would have before a court in civil proceedings.
(Amended 78 of 1999 s. 7)

17. Extension of time limits
(1) The Chairman may, upon application in writing by a person and if satisfied that there is good cause for doing so, extend the time within which that person may appeal to the Board under any Ordinance.
(2) Upon application in writing by a party to an appeal to the Board and if satisfied that there is good cause for doing so—
(a) the Chairman may, before the Board starts to hear the appeal; and
(b) the Board may, after the Board starts to hear the appeal,
extend the time within which that party is required or permitted to do any act under this Ordinance.

18. Offences relating to Board
Any person who—
(a) refuses or fails to comply with any lawful order, requirement or direction of the Board or the Chairman; or
(b) disturbs or otherwise interferes with the proceeding of the Board,
commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(Amended 78 of 1999 s. 7; E.R. 3 of 2021)

19. Giving of notices
Where this Ordinance authorizes or requires any document to be served or any notice to be given, the document may be served or the notice may be given by post.

### Municipal Services Appeals Board Ordinance 《市政服務上訴委員會條例》

20. Regulations
The Chief Executive in Council may make regulations—
(a) prescribing anything required or permitted by this Ordinance to be prescribed by regulations;
(b) providing for the practice and procedure applying to proceedings before the Board; (Amended 78 of 1999 s. 7)
(c) providing for the payment of allowances for expenses to witnesses summoned under this Ordinance;
(d) generally for the better carrying out of this Ordinance.
(Amended 59 of 1999 s. 3)

21. Transitional
(1) Any right of appeal subsisting immediately before the commencement* of this Ordinance under a provision in an Ordinance amended by this Ordinance shall be treated as being a right of appeal to the body to which there is a right of appeal under that provision as so amended.
(2) Any appeal pending immediately before the commencement of this Ordinance under a provision in an Ordinance amended by this Ordinance shall be treated and disposed of as if it were an appeal pending to the body to which there is a right of appeal under that provision as so amended.

Editorial Note:
* Commencement date: 27 July 1990.

21A. Current terms of office to cease on commencement of amendments in Provision of Municipal Services (Reorganization) Ordinance
Notwithstanding anything in this Ordinance, the term of office of a person appointed as Chairman, Vice-Chairman, other member or Secretary to a board which existed under this Ordinance immediately before the commencement* of the amendments to this Ordinance made by the Provision of Municipal Services (Reorganization) Ordinance (Cap. 552) which is current immediately before such commencement, is to expire on such commencement.
(Added 78 of 1999 s. 7) Editorial Note:
* Commencement date: 1 January 2000.

### Conveyancing and Property Ordinance 《物業轉易及財產條例》

1. Short title
This Ordinance may be cited as the Conveyancing and Property Ordinance.

### Conveyancing and Property Ordinance 《物業轉易及財產條例》

3. Land contracts to be in writing
(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.]

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 (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32); (Amended 28 of 2012 ss. 912 & 920)
(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.]

5. Certain instruments to be in writing
(1) Subject to section 6—
(a) no equitable interest in land can be created or disposed of except by writing signed by the person creating or disposing of the same, or by his agent thereunto lawfully authorized in writing, or by will, or by operation of law;
(b) a declaration of trust respecting land or any interest therein shall be manifested and proved in writing signed by the person who is able to declare such trust or by his will. (Amended 31 of 1988 s. 3)
(2) This section does not affect the creation or operation of resulting, implied or constructive trusts.
[cf. 1925 c. 20 s. 53 U.K.]