Contents of Section

Chapter:

219 PDFTitle:CONVEYANCING AND PROPERTY ORDINANCEGazette Number:32 of 2000
Section:2Heading:InterpretationVersion Date:09/06/2000


In this Ordinance, unless the context otherwise requires-
"assignment" (轉讓、轉讓契) includes-

        (a) the transfer of the whole of the interest in land held under a Government lease; (Amended 31 of 1988 s. 2; 29 of 1998 s. 105)
        (b) a legal charge;
        (c) a lease (other than a Government lease); (Amended 29 of 1998 s. 105)
        (d) a surrender;
        (e) an assent; and
        (f) every other assurance or conveyance of land by any instrument;
"bankruptcy" (破產) includes winding up;
"borrower" (借款人), where used in the First, Second and Third Schedules, includes "mortgagor";
"encumbrance" (產權負擔) includes a legal and equitable mortgage, a trust for securing money, a lien, a charge of a portion, annuity, or other capital or annual sum; and "encumbrancer" (產權負擔人) has a meaning corresponding with that of "encumbrance" and includes every person entitled to the benefit of an encumbrance, or to require payment or discharge thereof; (Added 32 of 2000 s. 6)
"equitable interest" (衡平法權益) means any estate, interest or charge in or over land which is not a legal estate or a freehold;
"instrument" (文書) means any document having legal effect except a will;
"land" (土地) includes-
        (a) land covered by water;
        (b) any estate, right, interest or easement in or over any land;
        (bb) the whole or part of an undivided share in land and any estate, right, interest or easement in or over the whole or part of an undivided share in land; and (Added 31 of 1988 s. 2)
        (c) things attached to land or permanently fastened to anything attached to land;
"legal charge" (法定押記) means a mortgage expressed to be a legal charge;
"legal estate" (法定產業權) means-
        (a) a term of years absolute in land;
        (b) the legal interest in any easement, right or privilege in or over land for an interest equivalent to a term of years absolute; and
        (c) a legal charge;
"lender" (貸款人), where used in the First, Second and Third Schedules, includes "mortgagee";
"mortgage" (按揭) means a security over land for securing money or money's worth;
"mortgage money" (按揭金) means the money, or money's worth, secured by a mortgage;
"mortgagee" (承按人) includes any person claiming under a mortgagee;
"mortgagor" (按揭人) includes any person claiming under a mortgagor;
"sale" (售賣), in relation to the sale of land, includes the disposition of all or part of the vendor's estate and interest under a Government lease; (Amended 29 of 1998 s. 105)
"term of years absolute" (絕對年期) includes a term for less than a year, for a year or years and a fraction of a year and from year to year.