Full legislation
s.9
Mode of registering bills of sale
(1)
A bill of sale shall be attested and registered under this Ordinance in the
following
manner—
(a)
in the case
of—
(i)
a bill of sale made or given by way of security for the payment of
money, the execution of the bill by the grantor shall be witnessed by one or
more credible witnesses, not being a party or parties thereto; and
(ii)
any other bill of sale, the execution of the bill by the grantor shall
be witnessed by a solicitor of the High Court if it is executed in Hong Kong
or by a person authorized under the law of a place outside Hong Kong to
administer oaths if it is executed in any place outside of Hong Kong, and
the attestation shall state that before the execution of the bill the effect
thereof has been explained to the grantor by the attesting solicitor or
authorized person, as the case may be;
(Replaced
55 of 1967 s. 4
. Amended
25 of 1998 s. 2
)
(b)
the bill, with every schedule or inventory thereto annexed or therein
referred to, and also a true copy of the bill, and of every such schedule or
inventory, and of every attestation of the execution of the bill, together with
an affidavit of the time of the bill being made or given and of its due
execution and attestation, and a
description of
the residence and occupation of the person making or giving the same (or, in
case the same is made or given by any person under or in execution of any
process, then a description of the residence and occupation of the person
against whom such process issued), and of every attesting witness to the bill
shall be presented to, and the said copy and affidavit shall be filed with, the
Registrar within 7 clear days after the making or giving of the bill;
and
(c)
if the bill is made or given subject to any defeasance, condition, or
declaration of trust not contained in the body thereof, such defeasance,
condition, or declaration shall be deemed to be part of the bill, and shall be
written on the same paper or parchment therewith before the registration, and
shall be truly set forth in the copy filed under this Ordinance therewith and as
part thereof, otherwise the registration shall be void.
(2)
In case 2 or more bills of sale are given, comprising in whole or in part any
of the same chattels, they shall have priority in the order of the date of their
registration respectively as regards such chattels.
(3)
A transfer or assignment of a registered bill of sale need not be
registered.
[cf. 1878 c. 31 s. 10 U.K.; 1882 c. 43 s. 10 U.K.]