### Partition Ordinance 《分劃條例》

6. Sale of land
(1) In any proceedings under this Ordinance, where it appears to the Court that a partition of the property would not be beneficial to all the persons interested by reason of—
(a) the nature of the land to which the proceedings relate;
(b) the number of the persons interested or presumptively interested;
(c) the absence or disability of some of the persons interested; or
(d) any other circumstances,
the Court may make an order for the sale of the property. [cf. 1868 c. 40 s. 3 U.K.]
(2) The Court may exercise its powers under subsection (1), notwithstanding the dissent or disability of any person interested.
(3) (a) Without prejudice to subsection (1), if any person interested in the property applies to the Court to make an order for the sale of the property instead of an order for partition, then, unless the other persons interested undertake to purchase the interest of the party applying for an order for sale, the Court may, if it thinks fit, make an order for the sale of the property.
(b) If an undertaking is given by the other persons interested, the Court may order a valuation of the interest of the person applying for an order for sale in such manner as it thinks fit. [cf. 1868 c. 40 s. 5 U.K.]
(4) On making an order under subsection (1) or subsection (3), the Court may direct a distribution of the proceeds of the sale and give all other necessary or proper consequential directions.
(5) On a sale under this section the Court may allow any of the persons interested in the property to bid at the sale, on such terms as the Court deems reasonable as to—
(a) non-payment of deposit; or
(b) setting off or accounting for the purchase money or any part thereof instead of paying the same; or
(c) as to any other matters. [cf. 1868 c. 40 s. 6 U.K.]

7. Application of proceeds of sale
(1) The proceeds of a sale of property under an order under section 6 may, after deduction of the expenses thereof, be paid to trustees appointed by the Court. (Amended L.N. 20 of 1979)
(2) Trustees appointed under subsection (1) shall apply the proceeds of sale paid to them in the following order—
(a) in the discharge of any liability due to the Government in respect of the property; and then (Amended 29 of 1998 s. 105)
(b) in the discharge of any incumbrance affecting the property directed to be sold; and then
(c) in payment of the residue to the persons interested.

### Partition Ordinance 《分劃條例》

8. Vesting order
(1) Where any judgment has been given or any order made for a partition or sale of property under this Ordinance, the Court may make a vesting order, consequential thereon, under the Trustee Ordinance (Cap. 29).
(2) (Repealed 2 of 1972 s. 8)

9. Jurisdiction of District Court
Jurisdiction is hereby conferred on the District Court for the purpose of any proceedings under this Ordinance where the annual rent or the rateable value, determined in accordance with the provisions of the Rating Ordinance (Cap. 116), or the annual value of the property in land, whichever is the least, does not exceed the sum mentioned in section 35 of the District Court Ordinance (Cap. 336), and in such proceedings a District Judge shall have the power and authority of a judge of the High Court conferred by this Ordinance.
(Amended 6 of 1979 s. 3; 79 of 1981 s. 3)

10. Power to make rules
The Chief Justice may make rules in regard to any matter to be prescribed under this Ordinance and dealing generally with all matters of practice and procedure and incidental matters arising out of this Ordinance, and for carrying this Ordinance into effect.
(Added 19 of 1987 s. 6)

11. Transitional
Nothing in the Partition (Amendment) Ordinance 1987 (19 of 1987) (the amending Ordinance

### Partition Rules 《分劃規則》

1. Citation
These rules may be cited as the Partition Rules.

2. Interpretation
(1) In these rules—
pleadings (狀書) has the meaning assigned to it by R.S.C. Order 1, rule 4;

Registrar (司法常務官) means—
(a) in relation to proceedings commenced in the Court of First Instance, the Registrar of the High Court;
(b) in relation to proceedings commenced in a District Court, the Registrar of the High Court exercising his jurisdiction as the Registrar of the District Court by virtue of section 14(4) of the District Court Ordinance (Cap. 336).

(2) In these rules any reference to an Order and rule if prefixed by the letters “R.H.C.” is a reference to that Order and rule in the Rules of the High Court (Cap. 4 sub. leg. A). (E.R. 1 of 2021)
(25 of 1998 s. 2)

3. Application of Rules of High Court and District Court
Subject to the Ordinance and these rules the practice and procedure of the High Court and of the District Court as may be appropriate, including the provisions relating to commencement of proceedings shall apply to proceedings under the Ordinance as nearly as circumstances admit.
(25 of 1998 s. 2)

4. Documents to be served on the Director
In any proceedings under the Ordinance a copy—
(a) of every pleading and amended pleading filed in Court;
(b) of every affidavit filed in Court;
(c) of every answer to interrogatories and of all particulars furnished or filed in Court, whether pursuant to an order of the Court or otherwise;
(d) of every interlocutory application, and every order made thereon filed in Court; and
(e) of every notice, including notices of appeal, filed in Court,
shall forthwith after such filing or furnishing be served or caused to be served on the Director by the party on behalf of whom such document is filed or furnished.

5. Application by Secretary for Justice to be added as a party
An application by the Secretary for Justice under section 3A of the Ordinance to be added as a party may be made ex parte by summons to a judge of the Court in which the proceedings are pending or to the Registrar, but the judge or Registrar may, if he thinks fit, require the attendance of the Secretary for Justice on the application.
(L.N. 362 of 1997)