(4) It is hereby declared that where—
- (a) a consent caution (“first consent caution”) referred to in section 71(3) has been registered in respect of a dealing;
- (b) the provisional agreement for sale and purchase or agreement for sale and purchase to which the first consent caution relates is stamped or endorsed under the Stamp Duty Ordinance (Cap. 117); and
- (c) another consent caution (“second consent caution”), accompanied by that stamped or endorsed provisional agreement for sale and purchase or agreement for sale and purchase, as the case may be, is registered in respect of that dealing not later than 30 days after the registration of the first consent caution,
then the second consent caution shall enjoy the same priority as the first consent caution, as if it had been registered on the same date as the first consent caution.
(5) If a consent caution is registered in relation to an interest under a provisional agreement for sale and purchase or an agreement for sale and purchase, then, upon the registration of the dealing to which the consent caution relates, the priority of all matters registered after that consent caution is registered shall be postponed as against that dealing.
(6) A charging order or non-consent caution which is duly registered shall have priority from the commencement of the day following the date of its registration.
36. Charging orders and lis pendens, etc.
(1) Subject to subsections (2), (3) and (4)—
- (a) the registration of a charging order shall cease to have effect immediately upon the expiration of 5 years from the date of registration of the order but the order may be re-registered from time to time and, if so re-registered, the re-registration of the order shall have effect for another 5 years from the date of re-registration; and
- (b) if the re-registration of a charging order is made before the expiration of a current period of registration or re-registration of the order, then the order shall retain its original priority.
(2) The operation of subsection (1) in respect of a charging order shall be subject to any express stipulation to the contrary contained in the order except any such stipulation which purports to provide that the registration of the order shall have effect for a period longer than 5 years from the date of registration.
