Page:Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545).pdf/16

(3) The trustees under an order for sale do not have to comply with subsection (2)(b)—

(a) where the purchaser of the lot the subject of the order is the majority owner or any minority owner of the lot; and

(b) to the extent that—

(i) any incumbrance affecting the lot is attributable to the purchaser; and

(ii) the purchaser agrees in writing that the incumbrance is not to be discharged.

(4) Where compensation is payable under section 8(3) to a tenant of any property on a lot the subject of an order for sale, the trustees under the order shall not pay more than half of the compensation to the tenant before the trustees are satisfied that the tenant has delivered up vacant possession of the property to the purchaser of the lot.

(5) The trustees under an order for sale shall pay into the Tribunal—

(a) any amount held by the trustees pursuant to any directions given by virtue of section 4(6)(a)(iii)(A) and (B) where the event referred to that section has not occurred before the trustees have started to discharge their duty under subsection (2)(c) in respect of the proceeds of sale of the lot the subject of the order; and

(b) any residue referred to in subsection (2)(c) in respect of which the majority owner or minority owner cannot be found.

(6) Any amount or residue paid into the Tribunal under subsection (5) shall—

(a) where subsection (5)(a) is applicable, be paid to such person or persons as is or are specified in the directions concerned under section 4(6)(a)(iii)(A) and (B) upon the occurrence of the event referred to in that section;

(b) where subsection (5)(b) is applicable—

(i) be paid to the majority owner or minority owner, as the case may be, if and when the owner is found;

(ii) be paid into the general revenue if, upon the expiration of 3 years beginning with the date on which the Tribunal was paid the residue, that owner has still not been found.

(7) It is hereby declared that—

(a) the application of the proceeds of sale to discharge any liability or incumbrance referred to in subsection (2)(a) or (b) shall be on the basis that the majority owner or minority owner of the lot shall pay for the discharge to the extent that the liability or incumbrance, as the case may be, is attributable to that majority owner or minority owner, as the case may be;

(b) subsection (6)(b)(ii) shall not operate to prevent any claim being made against the Government—