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

31. Rent and benefit of lessee’s covenants to run with the reversion
(1) Rent reserved by a lease, and the benefit of every covenant or provision therein contained, having reference to the subject-matter thereof, and on the lessee’s part to be observed or performed, and every condition of re-entry and other condition therein contained, shall be annexed and incident to and shall go with the reversionary estate in the land, or in any part thereof, immediately expectant on the term granted by the lease, notwithstanding severance of that reversionary estate, and without prejudice to any liability affecting a covenantor or his estate.
(2) Any rent, covenant or provision mentioned in subsection (1) shall be capable of being recovered, received, enforced, and taken advantage of, by the person from time to time entitled, subject to the term granted by the lease, to the income of the whole or any part, as the case may require, of the land leased.
(3) Where the person mentioned in subsection (2) becomes entitled as mentioned in that subsection by assignment or otherwise, the rent, covenant or provision mentioned in subsection (1) may be recovered, received, enforced or taken advantage of by him notwithstanding that he becomes so entitled after the condition of re-entry or forfeiture has become enforceable, but this subsection does not render enforceable any condition of re-entry or other condition waived or released before such person becomes entitled as aforesaid.
(4) This section applies to leases made before or after the commencement of this section, but does not affect the operation of—
(a) any severance of the reversionary estate; or
(b) any acquisition by assignment or otherwise of the right to receive or enforce any rent covenant or provision,
effected before the commencement* of this section.
(5) Nothing in this section shall affect the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126). (Amended 29 of 1998 s. 54)
[cf. 1925 c. 20 s. 141 U.K.] Editorial Note:
* Commencement date: 1 November 1984.

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

32. Obligation of lessor’s covenants to run with reversion
(1) The obligation under a condition or of a covenant entered into by a lessor with reference to the subject-matter of the lease shall, if and as far as the lessor has power to bind the reversionary estate immediately expectant on the term granted by the lease, be annexed and incident to and shall go with that reversionary estate, or the several parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is from time to time vested by assignment, devolution in law, or otherwise; and, if and as far as the lessor has power to bind the person from time to time entitled to that reversionary estate, the obligation aforesaid may be taken advantage of and entered against any person so entitled.
(2) This section applies to leases made before or after the commencement of this section, whether the severance of the reversionary estate was effected before or after such commencement.
(3) This section takes effect without prejudice to any liability affecting a covenantor or his estate.
(4) Nothing in this section shall affect the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126). (Amended 29 of 1998 s. 54)
[cf. 1925 c. 20 s. 142 U.K.]

33. Lessor or mortgagee to have benefit of informal insurance
The person entitled to the benefit of a covenant on the part of a lessee or mortgagor to insure against loss or damage by fire shall, on loss or damage by fire happening, have the same advantage from any then subsisting insurance relating to the building covenanted to be insured which has been effected by the lessee or mortgagor in respect of his interest under the lease or in the property or by any person claiming under him, but not effected in conformity with the covenant, as he would have from an insurance effected in conformity with the covenant.

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

34. Protection of purchaser against forfeiture under covenant for insurance
(1) Where, on the bona fide purchase of a leasehold interest under a lease containing a covenant on the part of the lessee to insure against loss or damage by fire, the purchaser is furnished with the written receipt of the person entitled to receive the rent, or his agent, for the last payment of rent accrued due before the completion of the purchase, and there is subsisting at the time of the completion of the purchase an insurance in conformity with the covenant, the purchaser or any person claiming under him shall not be subject to any liability, by way of forfeiture or damages or otherwise, in respect of any breach of the covenant committed at any time before the completion of the purchase of which the purchaser had no notice before the completion of the purchase; but this provision is not to take away any remedy which the lessor or his personal representatives may have against the lessee or his personal representatives for breach of covenant.
(2) Nothing in subsection (1) shall affect the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126). (Amended 29 of 1998 s. 54)

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

35. Implied covenants
(1) There shall be implied—
(a) in any assignment of the whole of the interest in land held under a Government lease, the covenant by a person who assigns, and the covenant by a person to whom an assignment is made, mentioned in Part I of the First Schedule; (Amended 31 of 1988 s. 12; 29 of 1998 s. 105)
(b) in an assignment to a purchaser for valuable consideration, the covenants, by a person who is expressed to assign as beneficial owner, mentioned in Part II of the First Schedule;
(c) in an assignment by way of voluntary disposition, the covenant, by a person who is expressed to assign as donor, mentioned in Part III of the First Schedule;
(d) in any assignment, the covenant, by a person who is expressed to assign as trustee, confirmor, mortgagee, legal chargee, personal representative of a deceased person or under an order of court, mentioned in Part IV of the First Schedule; and
(e) in a legal charge, the covenants, by a person who is expressed to charge as beneficial owner, mentioned in Part V of the First Schedule.
(1A) The covenants implied under subsection (1)(a) shall be covenants to which section 41 applies. (Added 31 of 1988 s. 12)
(1B) The benefit of the covenants implied under this section shall run with the land and shall be enforceable by the covenantee and his successors in title and persons deriving title under or through him or them. (Added 31 of 1988 s. 12)
(1C) In paragraphs (a) to (d) of subsection (1), assignment (轉讓) does not include a legal charge. (Added 31 of 1988 s. 12)
(1D) Unless the contrary intention is expressed, the liability of joint parties to any assignment or legal charge in respect of the covenants mentioned in subsection (1) shall be joint and several. (Added 31 of 1988 s. 12)
(2) The covenants implied under this section may be excluded, varied or extended in the assignment or legal charge.
(3) This section shall not affect any assignment or legal mortgage executed before the commencement* of this section.
[cf. 1925 c. 20 s. 76 U.K.] Editorial Note:
* Commencement date: 1 November 1984.

36. Other covenants and conditions
The covenants and conditions mentioned in the Second Schedule, or any of them, may be incorporated into any instrument by reference.