SALE OF LAND BY AUCTION ORDINANCE, 1886
Title
SALE OF LAND BY AUCTION ORDINANCE, 1886
Description
ORDINANCE NO. 8 OF 1886.
Sale of Land by Auction
AN ORDINANCE to amend the Law as to Sales of Land by Public
Auction. [12th July, 1886]
WHEREAS it is desirable to assimilate the law of this Colony relating
to the sale of land by public auction to the law of England
on the same subject:
BE it therefore enacted by the Governor of Hongkong, with the advice
of the Legislative Council therof, as follows:-
1 This Ordinance may be cited as the Sale of Land by Auction Ordinance, 1886.
2 In this Ordinance-
'Auctioneer' 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 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 parti-
clulars 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 thnk proper.
5 no opening of the biddings on any sale by auction of land under or
by virtue of any order of the Supreme Court shall, from and after the
commencement of this Ordinance, be allowed, and the highest bona fide
bidder at such sale, provided he ahs 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 inter
ested 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 thge purchaser, and orders the
land to be re-sold, on such terms as to costs or otherwise as the court
or Judge may think fit 6. Except as aforesaid, noting in this ordinance shall affect any
sale of land made under or by virtue of any order of the Supreme Court
or of any other Court having jurisdiction within the Colony.
A.D. 1886. Ordinance No. 13 of 1886. Short title. 30 & 31 Vict.c. 48 s. 1. Interpretation of terms. Ib.s.3. Rule respecting sales without reserve. Ib.s.5. Rule respecting sale subject to right of seller to bid. Ib.s.6. Discontinuance of practice of opening biddings. by order of the Court, except on ground of fraud. Ib.s.7. Exception of sales by Court in other respects. 30 & 31 Vict.c. 48 s. 8.
Sale of Land by Auction
AN ORDINANCE to amend the Law as to Sales of Land by Public
Auction. [12th July, 1886]
WHEREAS it is desirable to assimilate the law of this Colony relating
to the sale of land by public auction to the law of England
on the same subject:
BE it therefore enacted by the Governor of Hongkong, with the advice
of the Legislative Council therof, as follows:-
1 This Ordinance may be cited as the Sale of Land by Auction Ordinance, 1886.
2 In this Ordinance-
'Auctioneer' 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 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 parti-
clulars 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 thnk proper.
5 no opening of the biddings on any sale by auction of land under or
by virtue of any order of the Supreme Court shall, from and after the
commencement of this Ordinance, be allowed, and the highest bona fide
bidder at such sale, provided he ahs 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 inter
ested 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 thge purchaser, and orders the
land to be re-sold, on such terms as to costs or otherwise as the court
or Judge may think fit 6. Except as aforesaid, noting in this ordinance shall affect any
sale of land made under or by virtue of any order of the Supreme Court
or of any other Court having jurisdiction within the Colony.
A.D. 1886. Ordinance No. 13 of 1886. Short title. 30 & 31 Vict.c. 48 s. 1. Interpretation of terms. Ib.s.3. Rule respecting sales without reserve. Ib.s.5. Rule respecting sale subject to right of seller to bid. Ib.s.6. Discontinuance of practice of opening biddings. by order of the Court, except on ground of fraud. Ib.s.7. Exception of sales by Court in other respects. 30 & 31 Vict.c. 48 s. 8.
Abstract
A.D. 1886. Ordinance No. 13 of 1886. Short title. 30 & 31 Vict.c. 48 s. 1. Interpretation of terms. Ib.s.3. Rule respecting sales without reserve. Ib.s.5. Rule respecting sale subject to right of seller to bid. Ib.s.6. Discontinuance of practice of opening biddings. by order of the Court, except on ground of fraud. Ib.s.7. Exception of sales by Court in other respects. 30 & 31 Vict.c. 48 s. 8.
Identifier
https://oelawhk.lib.hku.hk/items/show/621
Edition
1901
Volume
v1
Subsequent Cap No.
27
Cap / Ordinance No.
No. 8 of 1886
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SALE OF LAND BY AUCTION ORDINANCE, 1886,” Historical Laws of Hong Kong Online, accessed May 15, 2025, https://oelawhk.lib.hku.hk/items/show/621.
