Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 46

Provisions as between vendor and purchaser

not yet in operation

(1) On a sale of registered land or a registered long term lease to a
purchaser—

   (a)  the vendor shall, subject to any stipulation to the contrary, provide
        the purchaser with—

        (i)    a copy of the current entries in the Title Register;

        (ii)   a copy of any instrument referred to in any such entry;

        (iii)  a copy of any plan referred to in any such entry or instrument;
               and

        (iv)   such other documents as may be prescribed by the regulations,
               so far as any such entries, instrument, plan or documents
               respectively affect the land or lease (except registered
               incumbrances which are to be discharged at or prior to
               completion of the sale);

   (b)  the vendor shall, subject to subsection (2) and to any stipulation to
        the contrary, at his own expense provide the purchaser with
        particulars of any overriding interests affecting the land or lease of
        which he has, or ought reasonably to have, knowledge; and

   (c)  where the vendor is not the owner of the land or of a
        registered charge giving a power of sale over the land, or the lessee
        of the lease, he shall, at the request of the purchaser and at his own
        expense, and notwithstanding any stipulation to the contrary,
        procure—

        (i)    the registration of himself as the owner of the land or charge
               or the lessee of the lease; or

        (ii)   a disposition of the land, charge or lease from the owner to
               the purchaser.

(2) Where, on the first transfer on or after the date of first  registration
of land, the vendor has, or ought reasonably to have, knowledge of an
overriding interest which might affect the land—

   (a)  the vendor shall, notwithstanding any stipulation to the contrary, and
        whether under subsection (1)(b) or otherwise, at his own expense
        provide the purchaser of the land with full particulars of the
        interest; and

   (b)  the purchaser shall include the particulars provided to him under
        paragraph (a) in the application presented to the Registrar for the
        registration of the transfer.

(3) Notwithstanding any stipulation to the contrary, on a sale of
registered land or a registered long term lease, a purchaser shall only be
entitled to require from the vendor the matters required to be provided by the
vendor to the purchaser under this section.