Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 45

Implied covenants for title

not yet in operation

(1) For the avoidance of doubt, it is hereby declared that—

   (a)  the provisions of this Ordinance shall not prejudice the operation of
        section 35 of the Conveyancing and Property Ordinance ( Cap  219); and

   (b)  no reference to a covenant implied under that section shall be entered
        in the Title Register.

(2) Where a covenant implied under section 35 of the Conveyancing 
and Property Ordinance ( Cap 219) is to be excluded, varied or extended in a
transfer of registered land or a registered charge, express reference shall be
made to the covenant so excluded, varied or extended in the instrument
supporting the transfer or registered charge.

(3) Where a transfer or charge is supported by an instrument mentioned in
subsection (2), then the registration of the transfer or charge shall of
itself effect the registration of the covenant implied under section 35 of the
Conveyancing and Property Ordinance ( Cap 219) as varied or extended by the
transfer or charge.