Sale Of Land By Auction Ordinance


Published: 1997-06-30

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Cap 27 - SALE OF LAND BY AUCTION ORDINANCE 1

Chapter: 27 SALE OF LAND BY AUCTION ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To amend the law as to sales of land by public auction.


[12 July 1886]

(Originally 13 of 1886 (Cap 27 1950))

Preamble (Repealed 25 of 1998 s. 2) 25 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Sale of Land by Auction Ordinance.
(Amended 5 of 1924 s. 6)
[cf. 1867 c. 48 s. 1 U.K.]


Section: 2 Interpretation 62 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


In this Ordinance, unless the context otherwise requires-
"auctioneer" (拍賣人) means any person selling by public auction any land, where in lots or otherwise;
"land" (土地) means any interest in any messuages, lands, or tenements of whatever tenure within Hong Kong.

(Amended 62 of 2000 s. 3)
[cf. 1867 c. 48 s. 3 U.K.]


Section: 3 Rule respecting sales without reserve 30/06/1997


(1) The particulars or conditions of sale by auction of any land shall state whether such land will be sold
without reserve, or subject to a reserved price, or 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.

[cf. 1867 c. 48 s. 5 U.K.]

Section: 4 Sale subject to right of seller to bid 30/06/1997


Where any sale by auction of land is declared, either in the particulars 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 think proper.

[cf. 1867 c. 48 s. 6 U.K.]

Section: 5 Discontinuance of practice of opening biddings by order of

court, except on ground of fraud
25 of 1998 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2




Cap 27 - SALE OF LAND BY AUCTION ORDINANCE 2

No opening of the bidding on any sale by auction of land under or by virtue of any order of the High Court shall
be allowed, and the highest bona fide bidder at such sale, provided he has 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 interested 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 the
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.

(Amended 50 of 1911 s. 4; 25 of 1998 s. 2)
[cf. 1867 c. 48 s. 7 U.K.]


Section: 6 Sales by order of court 30/06/1997


Except as aforesaid, nothing in this Ordinance shall affect any sale of land made under or by virtue of any order
of court.

(Amended 50 of 1911; 62 of 1911 Schedule)
[cf. 1867 c. 48 s. 8 U.K.]

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