Property Law in Hong Kong: An Introductory Guide

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Property Law in Hong Kong: An Introductory Guide

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This is one in a series of books seeking to introduce the reader to the frequently encountered legal rules in Hong Kong. This publication, in particular, focuses on the rules regulating property and conveyancing which apply in the territory. The book is intended for use by the non-lawyer. The organizational structure reflects this goal: the text is kept short. For readers desiring additional information, an extensive endnote section provides much more comprehensive and detailed explanations. The endnote sections also includes Chinese translations of the legal terms used in this publication. The Table of Contents is detailed and serves as a convenient outline. An Index contributes to making this book easy to use.

As a survey, this text is appropriate for an audience which would include, for example: students required to study legal subjects; foreign-based non-law professionals needing an overview of the relevant subject; local professionals whose work involves a legal element; and, the general public.

Preface
Table of Cases
Table of Legislation

1. Introduction to Property – Generally
A. Overview
B. Organization
C. Definition
D. Possession and Bailment
E. Possession and the Finder Doctrine
F. Classification of Property

Part 1: Real Property

2. Estates
A. Freehold Estate
B. Co-ownership – Types
C. Co-ownership – Creation
D. Co-ownership – Determination

3. Licence and Leasehold Estate
A. Licence and Leasehold Estate – Introduction
B. Licence – Types
C. Leases – Definition
D. Leases – Types
E. Formal Requirements of Leases
F. Obligations of Landlords and Tenants

4. Alienation and Determination of Lease
A. Alienation of Leases
B. Determination of a Lease
C. Domestic Leases
D. Commercial Leases
E. Transfer of Deposits

5. Fixtures

6. Adverse Possession

Part 2: Encumbrances

7. Servitudes
A. Easements
B. Profit a Prendre
C. Creation of Servitudes
D. Extinguishment of Servitudes
E. Restrictive Covenants

8. Mortgages
A. Mortgages
B. Legal Mortgage
C. Equitable Mortgage
D. Landholding in Hong Kong – Leasehold Mortgage

Part 3: Conveyancing

9. Leasehold Ownership in Hong Kong

10. Multi-storey Buildings in Hong Kong
A. Ownership Schemes
B. Incorporated Owners
C. Deed of Mutual Covenant

11. Sale and Purchase Agreement
A. General Legal Considerations
B. Preliminary Agreements/Provisional Agreements
C. The Formal Sale and Purchase Agreement
D. Remedies
E. Assignment
F. Completion

12. Hong Kong Titles Registration – An Overview
A. Objectives of Titles Registration
B. Deeds versus Titles Registration
C. Transitional Arrangements
D. Hong Kong Titles Registration – Features

Notes
References
Index

Stephen D. Mau BA, JD, LLM is a US qualified counsel who formerly taught international commercial arbitration as an Assistant Professor of Law in City University of Hong Kong's MA programme in arbitration and dispute resolution. He is presently a lecturer in the Faculty of Construction and Land Use at The Hong Kong Polytechnic University and is the Deputy Award Coordinator for the Master of Science / Postgraduate Diploma in the Construction Law and Dispute Resolution programme in the Department of Building and Real Estate. He continues to be involved in the dispute resolution field and is a member of the Chartered Institute of Arbitrators and the American Arbitration Association, and has acted for clients in arbitrations. He has also published articles in international arbitration journals as well as several books on general Hong Kong legal principles.