||Title:||HOUSING ORDINANCE||Gazette Number:|
|Section:||26B||Heading:||Court orders on conviction of other person under section 26(2)||Version Date:||30/06/1997|
(1) Where a court convicts a person of an offence under section 26(2) committed in relation to the purchase of land by another person, the court shall, on the application of the Authority, summon the purchaser to appear before it to show cause why an order should not be made under subsection (3).
(2) The summons mentioned in subsection (1) shall be served on the purchaser personally or by leaving it with some person at the purchaser's residence.
(3) If the purchaser fails to appear to answer to the summons or if the court, after due inquiry, is satisfied that the purchaser-
the court shall order, either-
(a) knew that the statement which was the subject of the offence had been made by the convicted person to the Authority; and
(b) knew that the statement was false or misleading or, with reasonable diligence, could have ascertained that it was false or misleading,
(5) Following an order made under subsection (3)(i), the court shall appoint a person to transfer the land and to execute all proper conveyances for this purpose, against payment to the purchaser of the purchase price including any amount paid to the Authority under paragraph 1(b) of the Schedule, paid by him, less- (Amended 16 of 1993 s. 16)
(4) (a) The court may, for special reason relating to the circumstances of the offence, which it shall record, dispense with making an order mentioned in subsection (3).
(i) that the land purchased by the purchaser be transferred to the Authority or to such person as the Authority may nominate; or
(ii) that the purchaser forfeit to the Authority a sum equivalent to the difference between the purchase price of the land, including any amount paid to the Authority under paragraph 1(b) of the Schedule, and its market value, with vacant possession and without any restriction as to alienation, conveyance or parting with possession, at the date of the order. (Amended 16 of 1993 s. 13)
(b) The court shall not make an order mentioned in subsection (3)(i) where it would prejudice another person who has, in good faith and for valuable consideration, acquired an interest in the land.
(6) For the purposes of subsection (3), the state of the purchaser's knowledge shall be judged at any time before the land was conveyed to him.
(a) the amount due under any registered mortgage, which shall be paid to the mortgagee; and
(b) any other amount that would have been deductible if the purchaser had assigned the land to the Authority or its nominee under the agreement for sale and purchase or the deed of assignment to him.
(7) For the purposes of conducting the procedure in the inquiry mentioned in subsection (3), the court shall have all the powers possessed by it when conducting any other hearing within its jurisdiction.
(Added 15 of 1982 s. 14)