### Companies Ordinance 《公司條例》

917. Application of fines
(1) This section applies if—
(a) a provision of the predecessor Ordinance is repealed by section 912 but has a continuing effect under Schedule 11, or by virtue of section 23 of the Interpretation and General Clauses Ordinance (Cap. 1), or both, after the repeal; and
(b) after the repeal, a fine is imposed under the provision.
(2) When imposing the fine, the Court or magistrate may direct that the whole or any part of the fine is to be applied—
(a) in or towards payment of the costs of the proceedings; or
(b) in or towards rewarding the person on whose information, or at whose suit, the fine is recovered.
(3) Subject to a direction under subsection (2), the fine must be paid into the general revenue.
(4) Subsection (3) has effect despite anything in any other Ordinance.

918. Saving as to private prosecution
(1) This section applies if—
(a) a provision of the predecessor Ordinance is repealed by section 912 but has a continuing effect under Schedule 11, or by virtue of section 23 of the Interpretation and General Clauses Ordinance (Cap. 1), or both, after the repeal; and
(b) the provision relates to the institution of criminal proceedings by the Secretary for Justice.
(2) Nothing in the provision precludes any person from instituting or carrying on any criminal proceedings.

919. Saving for privileged communication
(1) This section applies if—
(a) a provision of the predecessor Ordinance is repealed by section 912 but has a continuing effect under Schedule 11, or by virtue of section 23 of the Interpretation and General Clauses Ordinance (Cap. 1), or both, after the repeal; and
(b) after the repeal, proceedings are instituted under the provision against any person by the Secretary for Justice.
(2) Nothing in the provision is to be regarded as requiring any person who has acted as solicitor for the defendant to disclose any privileged communication made to the person in that capacity.

920. This Part etc. not to derogate from section 23 of Cap. 1
This Part, and Schedules 9, 10 and 11, are in addition to and not in derogation of section 23 of the Interpretation and General Clauses Ordinance (Cap. 1), except as otherwise provided in this Part or those Schedules.

### Residential Properties (First-hand Sales) Ordinance 《一手住宅物業銷售條例》

1. Short title
(Amended E.R. 1 of 2013)(1) This Ordinance may be cited as the Residential Properties (First-hand Sales) Ordinance.
(2) (Omitted as spent—E.R. 1 of 2013)

### Residential Properties (First-hand Sales) Ordinance 《一手住宅物業銷售條例》

3. Interpretation: development, phase and building
(1) In this Ordinance—
development (發展項目) means—
(a) a collection of 2 or more buildings where the construction of those buildings can be regarded as one single real estate development project by reason of the engineering, structural or architectural connection between the buildings; or
(b) in any other case, a building.

(2) In determining whether the construction of 2 or more buildings can be regarded as one single real estate development project for the purposes of subsection (1), the following may be taken into account—
(a) the building plans approved by the Building Authority for the purposes of section 14(1) of the Buildings Ordinance (Cap. 123) in respect of building works for those buildings;
(b) the master lay-out plan submitted to the Director of Lands in compliance with the land grant;
(c) the master lay-out plan approved by the Town Planning Board for the purposes of section 4A of the Town Planning Ordinance (Cap. 131) in respect of building works for those buildings.
(3) For the purposes of this Ordinance, a development is divided into 2 or more phases if plans are approved by the Building Authority for the purposes of section 14(1) of the Buildings Ordinance (Cap. 123) in respect of building works for those phases of the development.
(4) In this Ordinance, a reference to a development or building includes, where the context permits, a development or building (as the case may be) to be constructed.

### Residential Properties (First-hand Sales) Ordinance 《一手住宅物業銷售條例》

4. Interpretation: completed, uncompleted development and phase etc.
(1) In this Ordinance—
(a) a development is a completed development if—
(i) in the case of a specified NT development—
(A) a no-objection letter has been issued by the Director of Lands in respect of every building in the development; or
(B) a certificate of compliance or consent to assign has been issued by the Director of Lands in respect of the development; or
(ii) in any other case, an occupation permit has been issued in respect of every building in the development;
(b) a development is an uncompleted development if it is not a completed development;
(c) a phase of a development is a completed phase of the development if an occupation permit has been issued in respect of every building in the phase; and
(d) a phase of a development is an uncompleted phase of the development if it is not a completed phase of the development.
(2) In this Ordinance—
(a) a development is a completed development pending compliance if—
(i) the development is a completed development as defined by subsection (1)(a)(ii);
(ii) under the land grant, the consent of the Director of Lands is required to be given for any sale and purchase of residential properties in the development that takes place before the conditions of the land grant have been complied with in respect of the development; and
(iii) neither a certificate of compliance nor a consent to assign has been issued by the Director of Lands in respect of the development; and
(b) a phase of a development is a completed phase pending compliance if—
(i) the phase is a completed phase;
(ii) under the land grant, the consent of the Director of Lands is required to be given for any sale and purchase of residential properties in the phase that takes place before the conditions of the land grant have been complied with in respect of the phase; and
(iii) neither a certificate of compliance nor a consent to assign has been issued by the Director of Lands in respect of the phase.

5. Interpretation: specified NT development
In this Ordinance, a development is a specified NT development if a certificate of exemption has been issued under section 5(a) of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121) in respect of building works for every building in the development.

### Residential Properties (First-hand Sales) Ordinance 《一手住宅物業銷售條例》

6. Interpretation: residential property
(1) In this Ordinance—
residential property (住宅物業), in relation to a development or a phase of a development—
(a) means any real property in the development or the phase constituting a separate unit used, or intended to be used, solely or principally for human habitation; and
(b) excludes any premises used, or intended to be used, solely or principally as a hotel or guesthouse within the meaning of section 2A of the Hotel and Guesthouse Accommodation Ordinance (Cap. 349). (Amended 6 of 2020 s. 56)

(2) In subsection (1), a reference to use excludes any use in contravention of the land grant or the occupation permit (if any).
(3) In this Ordinance, a reference to a residential property includes, where the context permits, a residential property to be constructed.