Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 31

SALES, ETC. OF LAND BY ORDER OF COURT

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Power to
order sale of land (O. 31, r. 1)

Where in any cause or matter relating to any land it appears necessary or
expedient for the purposes of the cause or matter that the land or any part
thereof should be sold, the Court may order that land or part to be sold, and
any party bound by the order and in possession of that land or part, or in
receipt of the rents and profits thereof, may be compelled to deliver up such
possession or receipt to the purchaser or to such other person as the Court
may direct.
In this Order "land" (土地) includes any interest in, or right over, land.

2. Manner of carrying out sale (O. 31, r. 2)

(1) Where an order is made, whether in court or in chambers, directing any
land to be sold, the Court may permit the party or person having the conduct
of the sale to sell the land in such manner as he thinks fit, or may direct
that the land be sold in such manner as the  Court may either by the order or
subsequently direct for the best price that can be obtained, and all proper
parties shall join in the sale and conveyance as the Court shall direct.

(2) The Court may give such directions as it thinks fit for the purpose of
effecting the sale, including, without prejudice to the generality of the
foregoing words, directions-

   (a)  appointing the party or person who is to have the conduct of the sale;

   (b)  fixing the manner of sale, whether by contract conditional on the
        approval of the Court, private treaty, public auction, tender or some
        other manner;

   (c)  fixing reserve or minimum price;

   (d)  requiring payment of the purchase money into court or to trustees or
        other persons;

   (e)  for settling the particulars and conditions of sale;

   (f)  for obtaining evidence of the value of the property;

   (g)  fixing the security (if any) to be given by the auctioneer, if the
        sale is to be by public auction, and the remuneration to be allowed
        him;

   (h)  requiring an abstract of the title to be referred to counsel for his
        opinion thereon and to settle the particulars and conditions of sale.

3. Certifying result of sale (O. 31, r. 3)

(1) If either the Court has directed payment of the purchase money into court
or the Court so directs, the result of a sale by order of the  Court must be
certified-

(a) in the case of a sale by public auction, by the auctioneer who conducted
the sale; and

   (b)  in any other case, by the solicitor of the party or person having the
        conduct of the sale; and the Court may require the certificate to be
        verified by the affidavit of the auctioneer or solicitor, as the case
        may be.

(2) The solicitor of the party or person having the conduct of the sale must
file the certificate and any affidavit in the Registry.

4. Mortgage, exchange or partition under order of the Court (O. 31, r. 4)

Rules 2 and 3 shall, so far as applicable and with the necessary
modifications, apply in relation to the mortgage, exchange or partition of any
land under an order of the Court as they apply in relation to the sale of any
land under such an order. (Enacted 1988)

"land" (土地)