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

16. What an assignment is deemed to include
(1) Unless the contrary intention is expressed in the assignment, an assignment shall operate to assign, with the land, all rights, interests, privileges, easements or appurtenances in, over, belonging or appertaining to that land or at the time of the assignment used, held, occupied or enjoyed with that land and things attached to the land or permanently fastened to anything attached to the land. (Amended 31 of 1988 s. 9)
(2) This section shall not operate to give to any person a better title than that assigned or any better title than that enjoyed by the assignor.
[cf. 1925 c. 20 s. 62 U.K.]

17. Assignment passes whole estate
Unless the contrary intention is expressed in the assignment, an assignment shall operate to assign all the estate, right and interest in the land assigned which the assignor has in that land and which he has the power to assign.
[cf. 1925 c. 20 s. 63 U.K.]

18. Receipt in body of an instrument
(1) A receipt for consideration in the body of an instrument shall be a sufficient discharge to the person paying the consideration and, in favour of any other person acting on the faith of the receipt, shall be sufficient evidence of payment.
(2) A solicitor producing an instrument containing a receipt for consideration shall be deemed to be authorized to receive that consideration unless the person liable to pay that consideration is served with a notice in writing stating that the solicitor is not so authorized.
[cf. 1925 c. 20 ss. 67, 68 & 69 U.K.]

19. Execution of deed by individual
(1) A deed by an individual shall be signed by him.
(2) A document shall be presumed to have been sealed by an individual if the document signed by him—
(a) describes itself as a deed; or
(b) states that it has been sealed; or
(c) bears any mark, impression or addition intended to be or to represent a seal or the position of a seal.
(3) Subsection (1) applies only to documents executed after the commencement* of this section.
(4) Subsection (2) applies to a document executed before or after the commencement of this section.
(5) This section does not affect any other law by which an individual may authorize another person to sign a deed on his behalf. (Added 31 of 1988 s. 10)

Editorial Note:
* Commencement date: 1 November 1984.

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

20. Execution of deed by corporation
(1) In favour of a person dealing with a corporation aggregate in good faith, his successors in title and persons deriving title under or through him or them, a deed shall be deemed to have been duly executed by the corporation if the deed purports to bear the seal of the corporation affixed in the presence of and attested by its secretary or other permanent officer of the corporation and a member of the corporation’s board of directors or other governing body or by 2 members of that board or body. (Amended 31 of 1988 s. 11)
(2) Where a person is empowered to execute a deed by a corporation, he may execute the deed as agent by signing the name of the corporation or his own name and by affixing his own seal. (Amended 31 of 1988 s. 11)
(3) Where a corporation aggregate is empowered to execute a deed by another person, an officer appointed for that purpose by the board of directors or other governing body of the corporation may execute the deed in the name of such other person; and where a deed purports to be so executed then the deed shall, in favour of a person dealing with the corporation in good faith, be deemed to have been executed by an officer duly authorized.
(4) This section applies to transactions wherever effected, but only to deeds executed after the commencement* of this section; except that, in the case of powers of appointment of an officer, they apply whether the power was conferred or the appointment was made before or after the commencement of this section.
[cf. 1925 c. 20 s. 74 U.K.] Editorial Note:
* Commencement date: 1 November 1984.

21. Rights as to execution
A person shall be entitled, at his own cost, to require that an assignment to him be executed in the presence of his agent.
[cf. 1925 c. 20 s. 75 U.K.]

22. Presumption as to capacity
A party to any instrument shall be presumed, until the contrary is proved, to have full legal capacity to execute that instrument, to bind himself in terms of that instrument and to dispose of or hold any property or rights assigned under that instrument.

23. Presumption as to due execution
An instrument appearing to be duly executed shall be presumed, until the contrary is proved, to have been duly executed.

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

23A. Proof of title and presumptions of due execution of deed by corporation
(1) A deed purporting to be—
(a) executed prior to the commencement* of section 9 of the Law Amendment and Reform (Miscellaneous Provisions) Ordinance 2003 (14 of 2003) by or on behalf of a corporation aggregate; and
(b) attested by a signatory or more than one signatory, where the signatory or each of the signatories, if more than one, is a person who could have been authorized under the articles of association or other instruments of the corporation,
shall, until the contrary is proved, be presumed for the purposes of proof of title to any land to have been duly executed by the purported signatory or signatories, as the case may be, with the authority conferred by the articles of association or other instruments of the corporation, whether or not the source of the authority or the means by which such authority was purportedly conferred is apparent from the deed.
(2) Where any deed is or has been produced by a vendor as proof of title to any land and that deed purports to have been executed by a corporation aggregate not less than 15 years before the contract of sale of that land, it shall for the purposes of any question as to the title to that land be conclusively presumed—
(a) as between the parties to that contract; and
(b) in favour of the purchaser under that contract as against any other person,
that the deed was validly executed.
(3) This section applies only to deeds produced as proof of title to any land pursuant to contracts for the sale of such land entered into on or after the commencement* of section 9 of the Law Amendment and Reform (Miscellaneous Provisions) Ordinance 2003 (14 of 2003).
(Added 14 of 2003 s. 9)Editorial Note:
* Commencement date: 9 May 2003.

24. Reservation of rights
A reservation of any rights or interests in land may be effected in an assignment of the land in respect of which those rights are exercisable or interests are vested and a regrant of the rights or interests reserved shall not be necessary.