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

6. Creation of interest in land by parol
(1) All interests in land created by parol and not put in writing and signed by the persons creating the same, or by their agents thereunto lawfully authorized in writing, have, notwithstanding any consideration having been given for the same, the force and effect of interests at will only.
(2) Nothing in section 3 or 5 or in subsection (1) shall affect the creation by parol of leases 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.
[cf. 1925 c. 20 s. 54 U.K.]

7. Savings in regard to sections 5 and 6
Nothing in section 5 or 6 shall—
(a) invalidate dispositions by will;
(b) affect any interest validly created before the commencement* of this section;
(c) affect the right to acquire an interest in land by virtue of taking possession; or
(d) affect the operation of the law relating to part performance.
[cf. 1925 c. 20 s. 55 U.K.] Editorial Note:
* Commencement date: 1 November 1984.

8. Severance of joint tenancy
(1) A joint tenancy of an estate or interest in land may be severed at law only by—
(a) a notice served by a joint tenant on the other joint tenants; or
(b) an instrument.
(2) A joint tenancy of an estate or interest in land may be severed in equity by a notice served by a joint tenant on the other joint tenants or by any other method that is effective in equity or that would, but for subsection (1), be effective at law.
(Replaced 31 of 1988 s. 4)

9. Presumption in favour of tenancy in common
(1) Where a tenancy in the same estate or interest in land vests in 2 or more persons under an instrument or a will, it shall be presumed, unless the contrary intention is expressed in that instrument or will, that the tenancy vests in those persons as tenants in common rather than as joint tenants.
(2) This section shall not apply to any instrument or will made before the commencement* of this section.
(3) This section shall not apply to a tenancy vesting in trustees or personal representatives. (Added 31 of 1988 s. 5)

Editorial Note:
* Commencement date: 1 November 1984.

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

10. Corporation may hold as joint tenant
(1) A corporation shall be capable of acquiring and holding any property in joint tenancy in the same manner as if it were an individual.
(2) Where a corporation is a joint tenant of any property, on its dissolution, that property shall devolve on the other joint tenant.
[cf. 1899 c. 20 s. 1 U.K.]

11. Presumption of survivorship
(1) Except for the purposes of section 4(11) of the Intestates’ Estates Ordinance (Cap. 73), where, after the commencement* of this section, 2 or more persons die in circumstances rendering it uncertain that any one of them, or which of them, survived the other or others, such deaths shall, for all purposes affecting the title to property, be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder.
(2)-(3) (Omitted as spent)[cf. 1925 c. 20 s. 184 U.K.] Editorial Note:
* Commencement date: 1 November 1984.

12. Application to court by vendor and purchaser
(1) A vendor or purchaser of land may apply by petition or by originating summons to the court in respect of any question arising out of or connected with any contract for the sale or exchange of land (not being a question affecting the existence or validity of the contract or relating to compensation payable by the Government or a public body), and the court may make such order upon the petition or originating summons and as to costs as to the court appears just. (61 of 1999 s. 3)
(2) In this section, court (法院) means the Court of First Instance unless the vendor and purchaser submit to the jurisdiction of the District Court. (Amended 25 of 1998 s. 2)
[cf. 1925 c. 20 s. 49 U.K.]

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

12A. Discharge of encumbrances by the court
(1) Where land is subject to any encumbrance, whether immediately realizable or payable or not, and the encumbrancer is out of the jurisdiction, cannot be found or is unknown, or if it is uncertain who the encumbrancer is, the court may, if it thinks fit, on the application of the party for the time being entitled to redeem the encumbrance, direct or allow payment into court of a sum of money sufficient to redeem the encumbrance and any interest thereon.
(2) Upon payment into court of the sum referred to in subsection (1), the court may, if it thinks fit, and either after or without any notice to the encumbrancer, as the court thinks fit, declare the land to be free from the encumbrance, and make any order for conveyance or vesting order as appropriate, and give directions for the retention and investment of the sum of money paid into court and for the payment or application of the income thereof, and for the payment of an amount certified by the court to be the reasonable costs of the applicant in making the application, such amount to be deducted from the sum of money paid into court.
(3) On application by the encumbrancer or any person entitled to the money or fund in court, the court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof.
(4) In this section, court (法院) means the Court of First Instance unless the party to the application submits to the jurisdiction of the District Court.
(Added 32 of 2000 s. 7)

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

13A. Delivery of original deeds or documents of title
(1) Unless the contrary intention is expressed, a purchaser of land shall be entitled to require the vendor to deliver to him, for the purpose of giving title to that land, the original of both of the following only—
(a) if there is a Government lease that relates exclusively to the land, the lease; and
(b) any document that relates exclusively to the land and is required to be produced by the vendor as proof of title to that land under section 13(1)(a) and (c).
(2) Subsection (1) does not affect any rule of common law under which the vendor may discharge his obligation to give title to that land otherwise than by delivering the Government lease or document to the purchaser.
(3) If the vendor is not required to deliver to the purchaser a document in giving title to that land, the purchaser has no proprietary right or ownership in the document.
(4) The fact that—
(a) the vendor is not required to deliver to the purchaser a document in giving title to that land; and
(b) the purchaser has no proprietary right or ownership in the document,
does not affect the right or interest of any other person in that land.
(Added 25 of 2008 s. 10)

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

14A. Modification of Government lease
(1) Any modification in writing by the Government of the covenants, terms or conditions of a Government lease shall have the same effect as if made by deed. (Amended 29 of 1998 s. 105)
(2) Subsection (1) applies to a modification made before or after the commencement of the Conveyancing and Property (Amendment) Ordinance 1988 (31 of 1988).
(Added 31 of 1988 s. 8)