To amend the law as to sales of land by public
auction.
[12 July 1886]
(Format changes—E.R. 1 of 2019)
Preamble
(Repealed 25 of 1998 s. 2)
1.
Short title
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.]
2.
Interpretation
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.]
3.
Rule respecting sales without reserve
(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.]
4.
Sale subject to right of seller to bid
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.]
5.
Discontinuance of practice of opening biddings by order of court, except on ground
of fraud
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.]
6.
Sales by order of court
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.]