New Section 13A of the Conveyancing and Property Ordinance, Cap.219
In the past, there were tons of arguments by legal practitioners in relation to the whereabouts of the originals of some old title deeds and documents. In particular, the judgments of Yiu Ping Fong & Anor v. Lam Lai Hing Lana HCMP No.3616 of 1998, Guang Zhou Real Estate Development (Hong Kong) Co. Ltd & Anor v. Summit Elegance Limited HCA 1531 of 1998 and Loyal Hope Limited v. Leung Pui Ming and others HCA 136 of 2007 could not assist the endless arguments but purely put more transactions into difficulties.
Effective from 11th July 2008, the new Section 13A comes into operation and relying on the said section, “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 only (i) the Government lease that relates exclusively to the land; and (ii) 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)”
However, legal practitioners should amend their standard formats of formal agreement for sale and purchase at the same time.
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