SALE OF LAND BY AUCTION ORDINANCE

SALE OF LAND BY AUCTION ORDINANCE

LAWS OF HONG KONG

SALE OF LAND BY AUCTION ORDINANCE

CHAPTER 27





CHAPTER 27.

SALE OF LAND BY AUCTION

To amend the law as to sales of land by public auction.

[12th July. 1886.]

WHEREAS it is desirable to assimilate the law of the Colony relating to
the sale of land by public auction to the law of England on the
same subject:

1. This Ordinance may be cited as the Sale of Land by Auction
Ordinance.

(Amended, 5 of 1924, s. 6)

2. In this Ordinance, unless the context otherwise requires- means
any person selling by public auction any land, whether in lots or
otherwise;

'land' means any interest in any messuages, lands, or tenements of
whatever tenure within the Colony.

3. (1) The particulars or conditions of sale by auction of any land
shall state whether such land will be sold without reserve, or subject to
a reserved price, or whether a right to bid is reserved. (2) If it is stated
that such land will be sold without reserve or to that effect, then it shall
not be lawful for the seller to employ any person to bid at such sale or
for the auctioneer to take knowingly any bidding from any such person.

4. Where any sale by auction of land is declared, either in the
particulars or conditions of such sale. to be subject to a right for the
seller to bid, it shall be lawful for the seller or any one person on his
behalf to bid at such auction in such manner as he may think proper.

5. No opening of the bidding on any sale by auction of land under
or by virtue of any order of the Supreme Court shall be allowed, and the
highest bona fide bidder at such sale, provided he has bid a sum equal
to or higher than the reserved price, if any, shall be declared and allowed
the purchaser, unless the court or judge. on the ground of fraud or
improper conduct in the management of the sale, on the application of
any person interested in the land (such application to be made to the
court or judge before the Registrar's certificate of the result of the sale
has become binding), either opens the biddings, holding such bidder
bound by his bidding, or discharges him from being the purchaser, and
orders the land to be re-sold, on such terms as to costs of otherwise as
the

court or judge may think fit. (Amended, 50 of 1911, s. 4)

6. Except as aforesaid, nothing in this Ordinance shall affect any
sale of land made under or by virtue of any order of court.

(Amended, 50 of 1911, and 62 of 1911, Schedule)
Originally 13 of 1886. (Cap. 27, 1950.) 50 of 1911. 62 of 1911. 5 of 1924. Preamble. Short title. 30 & 31 Vict. c. 48, s. 1. Interpretation. 30 & 31 Vict. c. 48, s. 3. Rule respecting sales without reserve. 30 & 31 Vict. c. 48, s. 5. Sale subject to right of seller to bid. 30 & 31 Vict. c. 48, s. 6. Discontinuance of practice of opening biddings by order of court, except on ground of fraud. 30 & 31 Vict. c. 48, s. 7. Sales by order of court. 30 & 31 Vict. c. 48, s. 8.

Originally 13 of 1886. (Cap. 27, 1950.) 50 of 1911. 62 of 1911. 5 of 1924. Preamble. Short title. 30 & 31 Vict. c. 48, s. 1. Interpretation. 30 & 31 Vict. c. 48, s. 3. Rule respecting sales without reserve. 30 & 31 Vict. c. 48, s. 5. Sale subject to right of seller to bid. 30 & 31 Vict. c. 48, s. 6. Discontinuance of practice of opening biddings by order of court, except on ground of fraud. 30 & 31 Vict. c. 48, s. 7. Sales by order of court. 30 & 31 Vict. c. 48, s. 8.

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