THIS ASSIGNMENTis made the day of 2006
BETWEEN
(1)[ ]
(“the Vendor”); and
(2)[ ]
(“the Purchaser”).
1.In consideration of the sum of DOLLARS [ ] Hong Kong Currency (HK$[ ]) paid by the Purchaser to the Vendor (the receipt whereof is acknowledged) the Vendor as [beneficial owner] ASSIGNS to the Purchaser the Property described in the Schedule hereto (“the Property”) Excepting and Reserving the exceptions and reservations referred to in the Schedule hereto TO HOLD the same unto the Purchaser [as joint tenants/tenants-in-common in equal shares/in the following proportions, that is to say, [ ]] [absolutely and so far as the Vendor's interest in the Property is a legal estate] for the residue of the term of years [together with any option for renewal] created by the Government Lease referred to in the Schedule hereto (“the Government Lease”) SUBJECT to the payment of the due proportion of the yearly Government rent reserved by and the covenants conditions and provisos contained in the Government Lease AND SUBJECT to and with the benefit of a Deed of [Mutual] Covenant [and [a] Management Agreement] [respectively] registered in theLand Registry by Memorial No[s].[ ] [and ] ([collectively,] “the Deed of Mutual Covenant”) so far as the same relate to or affect the Property [AND SUBJECT to [ ]] [AND SUBJECT ALSO to existing lettings and tenancies thereof.]
2.The Vendor hereby covenants with the Purchaser that the Deed of Mutual Covenant is now good valid and subsisting and in no way become voidable and that the covenants by the Vendor and the terms and conditions in the Deed of Mutual Covenant contained in so far as the same relate to the Property have been observed and performed up to the date of this Assignment.
3.The Purchaser hereby covenants with the Vendor that the Purchaser will perform and observe all the covenants terms and conditions in the Deed of Mutual Covenant contained in so far as the same relate to the Property and will keep the Vendor indemnified against all actions suits expenses and claims on account of the breach or non-observance or nonperformance of the said covenants terms and conditions or any of them.
[4.Other relevant covenants by the Purchaser.]
4.It is hereby agreed and declared by the parties hereto that the respective covenants by the Vendor and the Purchaser implied by the Conveyancing and Property Ordinance Cap.219 and herein contained shall be construed and shall take effect so far as they affect or relate to the Property but not further or otherwise.
5.IT IS HEREBY CERTIFIED that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value of the consideration exceeds [HK$1,000,000.00/1,080,000.00/2,000,000.00/2,176,470.00/3,000,000.00/3,290,320.00/4,000,000.00/4,428,570.00/6,000,000.00/6,720,000.00.]
[6.IT IS HEREBY CERTIFIED that the Property is a [residential / non-residential] property within the meaning of section 29A(1) of the Stamp Duty Ordinance Cap.117.]
IN WITNESS whereof the parties hereto have hereunto executed this Assignment the day and year first above written.
THE SCHEDULE
1.The Property :
(a)Description, Address, Lot number, Sections, Undivided shares etc. :
[ALL THAT the estate right title benefit and interest of and in] ALL [THAT/THOSE] [ ] equal undivided [ ] part[s] or share[s] of and in ALL [THAT/THOSE] piece[s] or parcel[s] of ground [respectively] registered in theLand Registry as [ ] ([collectively,] “the Land”) And of and in the messuages erections and buildings thereon now known as [ ] (“the Building/[Estate]”) TOGETHER with the sole and exclusive right and privilege to hold use occupy and enjoy ALL THAT FLAT [ ] on the [ ] FLOOR [of BLOCK [ ]] of the Building [Estate] [as shown [for identification purposes only]/as more particularly delineated on the [ ]] Plan annexed to an Assignment registered in the Land Registry by Memorial No.[ ] (“the Assignment”) [and thereon coloured Pink].
(b)Exceptions and reservations :
(i)Except and reserved as in the Government Lease is excepted and reserved.
(ii)All such exceptions and reservations as are more particularly described, mentioned and/or referred to in the Assignment.
(c)Easements and other appurtenant rights the benefit of which is assigned with the Property :
All such rights and rights of way (if any) and privileges and easements and appurtenances belonging and appertaining to the Property as are more particularly described, mentioned and/or referred to in the Assignment.
(d)Easements and other appurtenant rights to which the Property is subject :
All the exceptions and reservations and such rights and rights of way as are more particularly described, mentioned and/or referred to in the Assignment.
2.The Government Lease :
[A Government Lease of [each of] the Land is deemed to have been issued under and by virtue of section 14[(2)/(3)] of the Conveyancing and Property Ordinance Cap.219 upon compliance with all the conditions precedent contained in certain Agreement and Conditions of [ ] deposited and registered in the [[ ] New Territories] Land Registry as [ ] [(such compliance being evidenced by [ ] registered in theLand Registry by Memorial No.[ ])], particulars of which are as follows :-]
[A new Government Lease of [each of] the Land is deemed to have been issued under and by virtue of the Government Leases Ordinance Cap.40 for the further term of [ ] years commencing from [ ] on the expiration of the original term of [ ] years commencing from [ ] under the following Government Lease in respect of [ ]] :-
[A new Government Lease of [each of] the Land is deemed to have been issued under and by virtue of the New Territories (Renewable Government Leases) Ordinance Cap.152 for the further term of 24 years less the last three days thereof commencing from 1st July 1973 on the expiration of the original term of 75 years commencing from 1st July 1898 under the following Block Government Lease] :-
(a)Date:[ ]
(b)Parties:[ ]
(c)Term:[ ] [(which term is extended to the 30th day of June 2047 pursuant to section 6 of the New Territories Leases (Extension) Ordinance Cap.150)]
(d)Lot No.:[ ]
[(e)Variation and:
modificationas varied or modified by [ ] [respectively] registered in theLand Registry by Memorial No[s].[ ]]
SIGNED SEALED AND DELIVERED)
)
by the Vendor (who having been previously)
)
identified by production of [his/her/their)
)
respective] Hong Kong Identity Card[s])
)
No[s].[]))
)
in the presence of :)
[INTERPRETED to the Vendor by :-]
SEALED with the Common Seal of )
)
the Vendor and SIGNED by )
)
)
)
)
)
in the presence of/)
whose signature(s) is/are verified by :-)
SIGNED SEALED AND DELIVERED)
)
by the Purchaser (Holder[s] of Hong )
)
Kong Identity Card[s] No[s].))
)
in the presence of :-)
[INTERPRETED to the Purchaser by :]
SEALED with the Common Seal of )
)
the Purchaser and SIGNED by )
)
)
)
)
in the presence of/)
whose signature(s) is/are verified by :-)
- 1 -
DATED the day of 2006
[ ]
TO
[ ]
***************************************************
A S S I G N M E N T
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MESSRS WONG, FUNG& CO.,
SOLICITORS,
10TH FLOOR, FAR EAST CONSORTIUM BLDG.,
121 DES VOEUX ROAD CENTRAL,
HONG KONG.
Ref. :