Contents of Section

Chapter:

283 PDFTitle:HOUSING ORDINANCEGazette Number:
Section:17BHeading:Void alienations, etc.Version Date:30/06/1997

(1) Where-

        (a) (i) land in an estate is sold under section 17A; or
          (ii) land in respect of which the Authority is authorized to nominate purchasers is sold and the person selling the land acts without the written permission of the Authority; and
        (b) the person to whom the land is sold purports to mortgage or otherwise charge the land or to assign or otherwise alienate it; and
        (c) that person acts in breach of-
          (i) any term or condition of the agreement for sale and purchase or any covenant in the deed of assignment relating to the land; or
          (ii) in the case of such a mortgage or other charge, any term authorized under paragraph 4(a) of the Schedule as regards the mortgage or other charge,
the purported mortgage, other charge, assignment or other alienation, together with any agreement so to mortgage, charge, assign or otherwise alienate, shall be void.
(2) Where-
        (a) land described in subsection (1)(a)(ii) is sold with the written permission of the Authority; and
        (b) (i) the person to whom the land is sold purports to mortgage or otherwise charge the land and has not the written permission of the Authority so to mortgage or otherwise charge; or
          (ii) the mortgagee or the person in whose favour the charge is executed acts in breach of any of the terms on which the mortgage or other charge was authorized under paragraph 4 of the Schedule,
the purported mortgage or other charge, together with any agreement so to mortgage or otherwise charge, shall be void.
(3) For the avoidance of doubt it is hereby declared that subsection (1) is not to be construed as operating to invalidate a disposition by will (or codicil).
(Replaced 24 of 1995 s. 6)
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Notes:
1. The saver provision contained in Section 10 of the Housing (Amendment) Ordinance 1995 (24 of 1995) read as follows-
      "10. Saver
        For the avoidance of doubt it is hereby declared that no provision of section 17B of the principal Ordinance which was in force immediately before the commencement of this Ordinance is to be construed as operating to invalidate a disposition by will or codicil.".

    2. 24 of 1995 commenced operation on 1 July 1995.