LAND TRANSACTIONS (ENEMY OCCUPATION) ORDINANCE

LAND TRANSACTIONS (ENEMY OCCUPATION) ORDINANCE

LAWS OF HONG KONG

LAND TRANSACTIONS (ENEMY OCCUPATION)

ORDINANCE

CHAPTER 256





CHAPTER 256

LAND TRANSACTIONS (ENEMY OCCUPATION)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ...
... ... ... ... ... .1. 2
3. Legalization of green ink entries and their effect as notice ... ... ... ... ... 2
4. Construction of instrument registered in Japanese registers ... ...
... ... ... 3
5. Provision in case of successive transactions ... ... ... ... ... ... ... ... 3
6. Proceedings in relation to disputes ... ... ... ... ... ... ... ... ... ... 3
7. Deletion. etc., of green ink entries by Land Officer ... ... ... ... ... ... ... 4
8. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
9. Rules ... ... ... ... ... ... ... ... ...
10. Provision for certain instruments not registered ill the Japanese house registration

office ... . ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6





CHAPTER 256
LAND TRANSACTIONS (ENEMY OCCUPATION)
To give effect to voluntary transactions affecting

affecting land during the
Japanese occupation.

[16 July 1948.]

1. This Ordinance may be cited as the Land Transactions (Enemy
Occupation) Ordinance.

2. In this Ordinance. unless the context otherwise requires

-assignor- and---assignee-mean respectively the persons purporting to
dispose of or acquire the property to which an instrument relates
and include the executors. administrtors or assigns of an assignor
or assignee. as the case may be. and in the case of an assignor or
assignee who disposed of or acquired any property as trustees of
any trust. the persons from time to time lawfully acting as trustees
of such trust.



green ink entries' means the entries made in green ink in the Land Office
registers recording particulars of transactions registered in the
Japanese registers and identified In the Land Office registers by
the initials of the Land Officer.,

'Japanese assignment'^ means an instrument registered or recorded in
the Japanese registers purporting to relate to a disposition of am
land. house or building otherwise than by, way, of mortgage or
reassignment:

-Japanese house registration office- means the office in which during
the Japanese occupation were kept registers or records ot' houses
and buildings and documents in relation thereto.

-Japanese occupation- means the period from 25 December 1941. to 1
September 1945:

-Japanese registers' means the registers kept by the Japanese house
registration office and now lodged in the Land Office in which
were recorded particulars of houses and buildings and
transactions in connexion therewith;

---LandOffice registers- means the volumes kept in the Land Office at
Victoria, wherein are entered, under headings descriptive of the
properties to which the same relate. particulars of transactions and
matters affecting leased Crown lands.

3. (1) The green ink entries shall be deemed to have been

lawfully made.

(2) Notwithstanding the provisions of section 4 of the Land

Registration Ordinance, a green ink entry. including any variation





or addition made by virtue of this Ordinance, shall. save in so far as any
such entry. variation or addition is lawfully deleted. constitute actual
notice of the transaction particulars of which are recorded by the entry.
(Amended, 25 of 1956. s. 2)

4. (1) A Japanese assignment shall be construed and take effect as
a valid and subsisting agreement by the assignor to assign on demand
without further consideration and (save in so far as such agreement or
other instrument otherwise provides) at the cost of the assignee or
other person lawfully requiring the same the property to which such
assignment relates in the form which would have been directed by the
court prior to the Japanese occupation in a successful action for the
specific performance of such an agreement

(2) Without prejudice to the generality of subsection (1) unless the
Japanese assignment otherwise provides or the context thereof' or the
true intention of the parties otherwise requires. a reference to a house or
building in such an assignment shall he deemed to include the land
enjoyed with such house or building at the date of the execution of such
assignment together with all rights. members. easements or
appurtenances belonging or appertaining to such land. house or
building

5. (1) Where any property,. or part thereof. has during tile
Japanese occupation been the subject matter of successive Japanese
assignments then. the assignee under the last ot' 'such assignments
may at his own expense require the assignor on the last and any prior
assignment to confirm unto the assignee tinder the last of such
assignments, or as he may direct. the property or part thereof. as the
case may be, the subject matter of the last of such assignments.


(2) Where any property was assigned by may of mortgage before
the Japanese occupation and the mortgage debt has been validly
discharged. then if the property has been the subject matter of a
Japanese assignment or of successive Japanese assignments. the
assignee under such assignment or the last of such successive
assignments, as the case may be. may require the mortgagee at the
expense of such assignee to reassign the property to him or as he may
direct.

(3) Any requirement lawfully made under this section may be
enforced by action commenced by writ of summons in the original
jurisdiction of the court in like manner as if the liability to comply
therewith had been included in a contract relating to the property in
respect of which such requirement had lawfully been made under this
section.

6. (1) If proceedings have been commenced in the original
jurisdiction in relation to any dispute or difference between any persons
as to the construction or effect of any instrument registered or recorded
in the Japanese registers, or as to the liability of any person to assign or
reassign or confirm the assignment of any property to which any such
instrument purports or is alleged to





relate, or as to the form or content of any, assignment. reassignment


or deed of confirmation to be executed or made by any, such person. or as to
any other matter or thing arising out of any, such instrument or out of the
provisions of this Ordinance. the court may, on the application of any party to
such dispute or difference

(a)with the written consent of all the parties to such dispute or
difference. or

(h)if no defendant to such proceedings has entered an appearance
therein., or

(c)if the court is of the opinion that the action may more conveniently or
expeditiously be tried in the District Court.

at any stage of the proceedings order that the entry of such action in the original
jurisdiction register be transferred to the Register of Civil Actions. District
Court. and thereupon the District Court. shall have and may exercise the like
jurisdiction both at law and in equity in relation to the said dispute or difference
as might ha\ c been exercised by the court in its original jurisdiction.

(2) In the event of a person who seeks redress under this section being
unable to issue a writ because lie is unable to ascertain any person who may
properly be Joined as a defendant lie may apply to the court b\ petition
without preliminary service ice and if it appeal.' to the court M' evidence Upon
it that all reasonable inquiries have been made and that the case is one to which
this subsection applies then the case shall proceed on petition and

(a)unless the court otherwise directs it shall not he necessary to serve
the proceedings upon an\ person or to have recourse to am form of
substituted se]-,, ice:

(b)Order 9. rule 2) of the Rules of the Supreme Court shall apply.

(c)the court shall give all necessary and consequential directions.

(3) In dealing with any proceedings under this section the
court shall have power to order that the Registrar should execute in
lieu of nay defendant, including a defendant who cannot be ascer-
tained the meaning of subsection (2). any deed which such
defendant could be required to execute under this Ordinance.

(4) Every, judgment of the court in an action relating to an,, such dispute
or difference shall be reduced into writing and shall forthwith be registered in
the Land Office by the successful party in such action.

7. (1) The Land Officer may. and shall be deemed always to have had
power to--

(a)delete any, green ink entry, which he is satisfied should not
have been made:





(b)make any green ink entry which he is satisfied should have
been made, and

(c)vary or add to any such entry when he is satisfied that such
variation or addition is necessary,

and any such deletion. variation or addition shall be attested and
verified by the signature of the Land Officer.

(2) The Land Officer shall delete any green ink entry recording or
evidencing the purported discharge of a debt which by reason of the
Debtor and Creditor (Occupation Period) Ordinance, is deemed to have
been wholly or partly undischarged or any green ink entry depending
for its validity on the valid discharge of such a debt.

(3) Any person aggrieved on the ground that a green ink entry
should not ot have bee made or is incorrect or on the ground that the
appropriate green ink entry has not been made or is no longer
subsisting may apply for redress to the court by summary

petition
verified upon oath and the court may thereupon take such evidence as it
thinks fit. and may make an,,. order in relation to the matter which the
justice of the case requires. A copy, of every such petition shall he
delivered to the Land Officer as soon as may, be after the issue thereof.

8. Notwithstanding anything hereinbefore contained. in any. action
for specific performance founded on this Ordinance-

(a)it shall be a valid defence for a person who has been required
to assign or confirm in accordance with the provisions hereof.
to show that the Japanese assignment in respect of which
such assignment or confirmation was required is void or
voidable at his instance or would have been void or voidable
at his instance but for the enactment of this Ordinance;

(b)a defendant shall be entitled to rely upon any defence not
inconsistent with this Ordinance upon which he would have
been entitled to rely had this Ordinance not been passed.

9. (1) The Chief Justice may make general rules and orders subject
to the approval of the Legislative Council. for regulating

(a)the practice and procedure of the court in respect of
proceedings of any kind under this Ordinance;

(b) the forms to be used;

(c) court fees, the fees of counsel and the costs of solicitors:

(d)generally, for the better carrying out of the provisions of this
Ordinance relating to legal proceedings and relating to the
carrying out of the orders and directions of the Supreme
Court.





(2) Until such rules and orders are made and in so far as the same
may make no provision the rules and orders. practice and procedure,
forms and fees for the time being in force in the Supreme Court in its
original jurisdiction or in the District Court. as the case may be, shall be
deemed to be in force with such modifications as the circumstances may
require.

10. Whenever. by, reason of the regulations. practice or procedure
applicable to the Japanese house registration office, or by reason of the
absence of parties, or for any other reason which the court shall deem
sufficient. a conveyance, assignment or other disposition of any land
house or building. executed during the Japanese occupation otherwise
than by way of mortgage or reassignment. was not registered at the
Japanese house registration office and such conveyance, assignment or
other disposition was. by reason of not being under seal. or owing to
the parcels being incorrectly described, or through any defect in form or
otherwise, inoperative according to the law in force in the Colony
immediately prior to the Japanese occupation to carry out the true
intention of the parties, then the provisions of sections 4. 5, 6. 8 and 9
shall apply to such conveyance. assignment or disposition in like
manner as if it had been a Japanese assignment within the meaning of
this Ordinance.
Originally 34 of 1948. (Cap. 256, 1950.) 17 of 1950. 23 of 1951. 15 of 1953. 27 of 1954. 27 of 1955. 25 of 1956. Short title. Interpretation. Legalization of green ink entries and their effect as notice. (Cap. 128.) Construction of instrument registered in Japanese registers. Provision in case of successive transactions. Proceedings in relation to disputes. (Cap. 4, sub. leg.) Deletion, etc., of green ink entries by Land Officer. (24 of 1948.) Saving Rules. Provision for certain instruments not registered in the Japanese house registration office.

Originally 34 of 1948. (Cap. 256, 1950.) 17 of 1950. 23 of 1951. 15 of 1953. 27 of 1954. 27 of 1955. 25 of 1956. Short title. Interpretation. Legalization of green ink entries and their effect as notice. (Cap. 128.) Construction of instrument registered in Japanese registers. Provision in case of successive transactions. Proceedings in relation to disputes. (Cap. 4, sub. leg.) Deletion, etc., of green ink entries by Land Officer. (24 of 1948.) Saving Rules. Provision for certain instruments not registered in the Japanese house registration office.

https://oelawhk.lib.hku.hk/items/show/2999

1964

v17

256

7