### Bills of Sale Ordinance 《賣據條例》

3. Application of the Ordinance
This Ordinance shall apply to every bill of sale (whether the same is absolute or subject or not subject to any trust), whereby the holder or grantee has power, either with or without notice and either immediately or at any future time, to seize or take possession of any personal chattels within Hong Kong comprised in or made subject to such bill of sale.
(Amended 51 of 1911; 62 of 1911 Schedule; 33 of 1985 s. 2) [cf. 1878 c. 31 s. 3 U.K.]

4. Application of the Ordinance to trade machinery
(1) Trade machinery shall, for the purposes of this Ordinance, be deemed to be personal chattels, and any mode of disposition of trade machinery by the owner thereof which would be a bill of sale as to any other personal chattels shall be deemed to be a bill of sale within the meaning of this Ordinance. (Amended 50 of 1911 s. 4)
(2) For the purposes of this Ordinance, trade machinery (營業機器) means the machinery used in or attached to any factory or workshops—
(a) exclusive of the fixed motive-powers, such as the water-wheels and steam engines, and the steam-boilers, donkey engines, and other fixed appurtenances of the said motive-powers; and
(b) exclusive of the fixed power machinery, such as the shafts, wheels, drums, and their fixed appurtenances, which transmit the action of the motive-powers to the other machinery fixed and loose; and
(c) exclusive of the pipes for steam, gas, and water in the factory or workshop.

(3) The machinery or effects excluded by this section from the definition of trade machinery shall not be deemed to be personal chattels within the meaning of this Ordinance.
(4) For the purposes of this Ordinance, factory (工廠) or workshop (工場) means any premises on which any manual labour is exercised by way of trade, or for purposes of gain, in or incidental to the following purposes or any of them—
(a) making any article or part of an article; or
(b) altering, repairing, or finishing any article; or
(c) adapting for sale any article. (Amended 51 of 1911; 62 of 1911 Schedule; 5 of 1924 Schedule)

(Amended 19 of 1911) [cf. 1878 c. 31 s. 5 U.K.]

### Bills of Sale Ordinance 《賣據條例》

5. Certain instruments giving power of distress to be subject to the Ordinance
Every attornment, instrument, or agreement, not being a mining lease, whereby a power of distress is given or agreed to be given by any person to any other person by way of security for any present, future, or contingent debt or advance, and whereby any rent is reserved or made payable as a mode of providing for the payment of interest on such debt or advance, or otherwise for the purpose of such security only, shall be deemed to be a bill of sale, within the meaning of this Ordinance, of any personal chattels which may be seized or taken under such power of distress:
Provided that nothing in this section shall extend to any mortgage of any estate or interest in any land or tenement which the mortgagee, being in possession, has demised to the mortgagor as his tenant at a fair and reasonable rent.[cf. 1878 c. 31 s. 6 U.K.]

6. Fixtures or growing crops not deemed separately assigned when land passes
No fixtures or growing crops shall be deemed, under this Ordinance, to be separately assigned or charged by reason only that they are assigned by separate words, or that power is given to sever them from the land or building to which they are affixed, or from the land on which they grow, without otherwise taking possession of or dealing with such land or building, or land, if by the same instrument any leasehold interest in the land or building to which such fixtures are affixed, or in the land on which such crops grow, is also conveyed or assigned to the same person.
[cf. 1878 c. 31 s. 7 U.K.]

### Bills of Sale Ordinance 《賣據條例》

7. Avoidance of bill of sale unless attested and registered
Every bill of sale shall be duly attested and shall be registered within 7 clear days after the execution thereof, or, if it is executed in any place out of Hong Kong, then within 7 clear days after the time at which it would, in the course of post, arrive in Hong Kong if posted immediately after the execution thereof, and shall truly set forth the consideration for which it was given; otherwise such bill of sale shall—
(a) in the case of a bill of sale made or given by way of security for the payment of money, be void in respect of the chattels comprised therein; and
(b) in the case of any other bill of sale, as against all trustees or assignees of the estate of the person whose chattels, or any of them, are comprised in such bill of sale under the law relating to bankruptcy or liquidation, or under any assignment for the benefit of the creditors of such person, and also as against all bailiffs and other persons seizing any chattels comprised in such bill of sale, in the execution of any process of any court authorizing the seizure of the chattels of the person by whom or of whose chattels such bill has been made, and also as against every person on whose behalf such process shall have been issued, be deemed fraudulent and void so far as regards the property in or right to possession of any chattels comprised in such bill of sale which, at or after the time of filing the petition for bankruptcy or liquidation, or of the execution of such assignment, or of executing such process, as the case may be, and after the expiration of such 7 clear days are in the possession or apparent possession of the person making such bill of sale, or of any person against whom the process has been issued under or in the execution of which such bill has been made or given, as the case may be.
(Amended 55 of 1967 s. 3; 33 of 1985 s. 3) [cf. 1882 c. 43 s. 8 U.K.]

### Bills of Sale Ordinance 《賣據條例》

8. Avoidance of certain duplicate bills of sale
Where a subsequent bill of sale is executed within or on the expiration of 7 days after the execution of a prior unregistered bill of sale, and comprises all or any part of the personal chattels comprised in such prior bill of sale, then, if such subsequent bill of sale is given as a security for the same debt as is secured by the prior bill of sale or for any part of such debt, it shall, to the extent to which it is a security for the same debt or part thereof and so far as respects the personal chattels or part thereof comprised in the prior bill, be absolutely void, unless it is proved, to the satisfaction of the court having cognizance of the case, that the subsequent bill of sale was bona fide given for the purpose of correcting some material error in the prior bill of sale, and not for the purpose of evading this Ordinance.
[cf. 1878 c. 31 s. 9 U.K.]