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New Territories Conveyancing : Small House Policy (F1) |
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Date: |
11 May 2012 (Friday) |
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Time: |
2:30pm – 5:45pm |
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Speaker: |
Christopher Robinson, formerly Assistant Director (Legal), Legal Advisory and Conveyancing Office (LACO), Lands Department |
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Medium: |
English |
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Venue: |
will be confirmed around 3 days prior to the event date |
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CPD / CPT Points: |
3 Fee: HK$1,400 |
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Non-core CPD / Excutive: |
1 Fee: HK$1,400 |
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Package Cost: |
Firm Package: 9K for 15 staff |
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Level of Study : |
Elementary |
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Presenter: Chris Robinson joined the Hong Kong Government in 1980 and retired in 2001 as Assistant Director of Lands (Legal). Formerly an Honorary lecturer in law at Hong Kong University, he has lectured part time PCLL students and the profession for many years in the fields of (inter alia) Land Law, Conveyancing and New Territories land matters, in which he is a recognised Expert Witness and Consultant. Chris Robinson now provides consultancy services to the profession in New Territories land matters, Chinese Customary law and project development. |
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Course Objective and Highlight : |
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This is an overview of practical problems and issues facing conveyancers, mortgages and title insurers when dealing with land and properties in the New Territories (NT). New Territories conveyancing is a complex subject, where practitioners and others may be faced with statute law, Chinese customary law, administrative decisions, Government practice and policy and title problems. The object of this lecture is to provide an overview of the problems and highlight the main areas of concern. |
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- Background |
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- Old Schedule lots, New Grant lots |
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- Government practice and procedure |
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- Legislation affecting land in the NT |
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The Small House policy; Proclamations; Exchanges and Surrenders; Tolerations and waivers of breach of conditions; Certificates of compliance |
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- Suggestions for conveyancers - drafting agreements for sale and purchase, title checking, requisitions |
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- Case studies |
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Under the SHP, qualifying indigenous villagers (IVS) of the New Territories (NT) are permitted to build houses on their own agricultural land, ostensibly for their own use and benefit, free of premium. Practitioners face considerable confusion when called upon to act for developers or for an IV in certain dealings where the SHP is involved. This lecture will attempt to suggest appropriate solutions thereto. |
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- Origins of the Small House Policy |
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- The distinction between a "New Territories Exempt House" (NTEH) and Small House (SH) |
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- Types of SH Grant |
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- Government procedure in processing SH Grants |
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- Dealings by IVs in relation to SH Grants - Acting for IVs vs purchasers from Ivs |
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- Analysis of some recent cases |
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(content is subject to change) |
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