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

37. Standard forms
A deed, agreement or receipt in the appropriate form given in the Third Schedule shall, in regard to form and expression, be sufficient.
[cf. 1925 c. 20 s. 206 U.K.]

38. Protection of solicitors etc.
(1) The powers given by this Ordinance to any person and the covenants and conditions implied by, or incorporated by reference under, this Ordinance in any instrument shall be deemed in law proper to be included in the appropriate instrument and a solicitor, acting in good faith and with reasonable diligence, shall not be liable for failing to exclude those powers, covenants or conditions or to insert others in their place:
Provided that this subsection shall not imply that the inclusion of other powers, covenants or conditions is improper.
(2) A person acting in a fiduciary position, whether with or without a solicitor, shall be entitled to the protection afforded to a solicitor by subsection (1).
[cf. 1925 c. 20 s. 182 U.K.]

39. Benefit of covenants relating to land
(1) A covenant relating to any land of the covenantee shall be deemed, unless the contrary intention is expressed, to be made with the covenantee and his successors in title and persons deriving title under or through him or them. (Amended 31 of 1988 s. 13)
(2) This section shall apply to covenants entered into before or after the commencement of this section.
[cf. 1925 c. 20 s. 78 U.K.]

40. Burden of covenants relating to land
(1) A covenant relating to any land of a covenantor or capable of being bound by him, shall be deemed, unless the contrary intention is expressed, to be made by the covenantor on behalf of himself, his successors in title and persons deriving title under or through him or them.
(2) This section extends to a covenant to do some act relating to the land, notwithstanding that the subject matter may not be in existence when the covenant is made.
(3) This section shall apply to covenants entered into before or after the commencement of this section.
[cf. 1925 c. 20 s. 79 U.K.]

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

42. Saving of covenants, terms and conditions
(1) Any instrument entered into and taking effect after an agreement for the Government lease of the land affected by the instrument but before the issue of the Government lease of that land shall have the same force and effect in relation to that land after the issue of that Government lease as it had immediately before that issue. (Amended 31 of 1988 s. 15)
(2) Where any instrument referred to in subsection (1) is registered under the Land Registration Ordinance (Cap. 128), that registration shall continue in force after the issue of, and in relation to, the Government lease of the land affected by the instrument with effect from the date of registration; and the Land Registrar may make an entry directing attention to the provisions of this section in the Land Registry registers relating to any land affected by that instrument. (Amended 31 of 1988 s. 15; 8 of 1993 ss. 2 & 3)
(3) Where a Government lease expires and is either renewed or replaced by a new Government lease relating to the same land, any covenant relating to that land shall, unless the contrary intention is expressed, continue to have effect.
(Amended 29 of 1998 s. 105)

43. Effect of agreement with 2 or more jointly
(1) Any agreement or covenant relating to land or other property, express or implied, with 2 or more persons jointly to do any act for their benefit shall be deemed, unless the contrary intention is expressed, to include an obligation to do that act for the benefit of the survivor or survivors of them and for the benefit of any other person to whom the right to sue on the agreement devolves; and shall be construed as being made with each of them.
(2) This section applies only to agreements entered into after 22 June 1979.
[cf. 1925 c. 20 s. 81 U.K.]

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

44. Mortgage of legal estate
(1) After the commencement* of this section, a mortgage of a legal estate, including any second or subsequent mortgage of that legal estate, may be effected at law only by a charge by deed expressed to be a legal charge.
(2) Under a mortgage effected by a legal charge, the mortgagor and the mortgagee shall, subject to this Ordinance, have the same protection, powers and remedies (including but not limited to those relating to foreclosure and the equity of redemption but excluding the power of the mortgagee to enter into possession before any default by the mortgagor) as if the mortgage had been effected by way of assignment of the legal estate before the commencement* of this section.
(3) Upon the commencement* of this section, a mortgage of a legal estate effected by way of assignment of the legal estate before the commencement* of this section shall be deemed, for the purposes of this Ordinance, to be reassigned and discharged and replaced by a legal charge in the same terms and having the same validity and priority, subject to this Ordinance, as the mortgage which it replaces.
(4) Subsection (3) does not affect—
(a) the mortgagee’s right to the possession of any documents; or
(b) any rights or obligations, under any guarantee, suretyship or otherwise, ancillary to the mortgage replaced under that subsection.
(5) Subject to any agreement between the mortgagor and the mortgagee, where the mortgaged land is mortgaged by way of legal charge, the mortgagor may execute a second or subsequent charge against the mortgaged land by a legal charge.
(6) Unless the contrary intention is expressed, the mortgagee under the first mortgage of a legal estate shall be entitled to possession of the deeds of title relating to the mortgaged land.
(7) This section does not affect any mortgage, including a mortgage by sub-demise, effected before the commencement* of this section which is not replaced under subsection (3).
(8) This section does not affect any mortgage, charge or lien arising under any Ordinance or by operation of law.
(9) This section does not affect the right or interest of any person arising out of or consequent on the possession by him of any documents relating to a legal estate in land.

Editorial Note:
* Commencement date: 1 November 1984.