Sir Oswald Cheung's Memorial Fund CPD Series No. 14 All news  
Sir Oswald Cheung’s Memorial Fund is pleased to present its CPD Series of monthly/bimonthly talks given by members of Sir Oswald Cheung’s Chambers or other guest speakers and open to the public subject to availability and prior registration*.  Details of the next talk are as follows:

 Speakers: Edward Chan SC and Joyce Leung
Topic: An update of conveyancing practice on proof of title
Date: Friday, 15 February 2019
Time:  6:30 – 7:30 p.m.
Venue:  10/F New Henry House, 10 Ice House Street, Central


*Please send your name, chambers/firm contact details via email to: talkseries@siroswald.com.
Registration will be confirmed by email.
An application for 1 CPD Point has been made to the Law Society of Hong Kong. 
 
Highlights of the Talk
 
Section 13(1) of the Conveyancing and Property Ordinance (“CPO”) provides for a purchaser of land to require from the vendor, as proof of title to the land, production of the Government lease and other title documents commencing from the immediate root of title. Where title documents are missing, there is a well-established conveyancing practice to lay the groundworks to introduce secondary evidence to complete the title. Since  De Monsa Investment v Whole Win Management Fund (2013) 16 HKCFAR 419, the principles governing missing title documents have been restated, linking the question of missing documents to whether there is a real risk that the purchaser would not be receiving good title as a result. The Court of Appeal in Kingdom Miles Limited v Ever Crystal Limited (CACV 89/2017, unreported, 17 December 2018) have taken the application of De Monsa further. This lecture will explore the impact of the recent Court of Appeal decision on the fundamental requirement of producing title documents (especially the Government lease as the ultimate root of title) and related conveyancing practice pursuant to section 13 CPO and how the revolutionary approach of the Court of Appeal might change the conveyancing practice in Hong Kong.
Copyright © 2013 Sir Oswald Cheung’s Chambers. All Rights Reserved.