Powers of Attorney Ordinance

(1)
A donee of a power of attorney who acts in pursuance of the power at a time
                when it has been revoked shall not, by reason of the revocation, incur any liability
                (either to the donor or to any other person) if at that time he did not know that
                the power had been revoked.
(2)
Where a power of attorney has been revoked and a person, without knowledge of
                the revocation, deals with the donee of the power, the transaction between them
                shall, in favour of that person, be as valid as if the power had then been in
                existence.
(3)
Where the power is expressed in the instrument creating it to be irrevocable
                and to be given by way of security then, unless the person dealing with the donee
                knows that it was not in fact given by way of security, he shall be entitled to
                assume that the power is incapable of revocation except by the donor acting with the
                consent of the donee and shall accordingly be treated for the purposes of subsection
                (2) as having knowledge of the revocation only if he knows that it has been revoked
                in that manner.
(4)
Where the interest of a purchaser depends on whether a transaction between the
                donee of a power of attorney and another person was valid by virtue of subsection
                (2), it shall be conclusively presumed in favour of the purchaser that that person
                did not at the material time know of the revocation of the power
if—
(a)
the transaction between that person and the donee was completed within
                    12
                    months of the date on which the power came into operation; or
(b)
that person makes a statutory declaration, before or within
                    3
                    months after the completion of the purchase, that he did not at the material
                    time know of the revocation of the
                        power.
(Amended
E.R.
                            3 of 2018
)
(5)
Without prejudice to subsection (3), for the purposes of this section knowledge
                of the revocation of a power of attorney includes knowledge of the occurrence of any
                event (such as the death of the donor) which has the effect of revoking the
                power.
(6)
In this
section—
purchaser
(
購買人
)
means—
(a)
a purchaser in good faith for valuable consideration;
(b)
a lessee, mortgagee or other person who for valuable consideration
                        acquires an interest in property; and
(c)
an intending purchaser; and
valuable
                    consideration
(
有值代價
) includes marriage but not a
nominal consideration in money.
(7)
This section applies whenever the power of attorney was created but only to
                acts and transactions after the
                    commencement
@
of this Ordinance.
(8)
No statutory declaration relating to a power of attorney made under subsection
(4
)(
b)
at any time after the
                    commencement
#
of the Powers of Attorney (Amendment) Ordinance 1987 (
34 of
                    1987
) shall be sufficient if made
before—
(a)
a solicitor who acted for the declarant or the donee of the power of
                    attorney in the transaction referred to in subsection (2);
(b)
a solicitor acting, or who has acted, for a party in any transaction
                    affected by the statutory declaration;
(c)
a partner, clerk or employee of a solicitor mentioned in paragraph (a) or
                    (b); or
(d)
a partner, clerk or employee of a partner of a solicitor mentioned in
                    paragraph (a) or (b).
(Added
34 of 1987 s. 2
)
(9)
For the avoidance of doubt, it is hereby declared that a statutory declaration
                made under subsection
(4
)(
b)
at any time prior to the
                    commencement
#
of the Powers of Attorney (Amendment) Ordinance 1987 (
34 of
                    1987
) shall not be invalid or otherwise ineffective for its purpose solely
                by reason of the fact that it was made before any solicitor, partner, clerk or
                employee mentioned in subsection (8).
(Added
34 of 1987 s. 2
)
[cf. 1971 c. 27 s. 5 U.K.]