On 19 March 2013, the Lands Department
announced that the “Hong Kong Property for Hong Kong People”
(“HKPHKP”) measure would be applied to New
Kowloon Inland Lot No. 6516 and New Kowloon Inland Lot No.
6517 (collectively, the “Lots”, and each a
“Lot”). Tenders for the Lots were awarded
on 5 June 2013. The Agreement and Conditions of Sale of the
Lots were executed on 28 June 2013 and registered in the
consent to mortgage or charge
Consent under Special Condition No.
(16)(a) of the Conditions of Sale of the Lots
2. For the implementation of the
HKPHKP measure, the Conditions of Sale of the Lots contain
Special Condition No. (16)(a) restricting alienation of any
Residential Unit (as defined in the Conditions of Sale)
except with the prior written consent of the Director of
Lands (the “Director”) before the expiry of
a period of 30 years from the date of the Conditions of Sale
(the “30-year Period”). This period shall
end on 27 June 2043.
3. Prior written consent from the Director under Special
Condition No. (16)(a) is required for every alienation of
the Residential Unit on or before 27 June 2043. The Director
has the right to give or refuse consent and impose any terms
and conditions for the consent, if given. Below sets out the
particulars in relation to the application for consent under
Special Condition No. (16)(a).
First-hand Sale by the Developer
4. The developer of the Lots, Ace Dragon Development
Limited, has made applications for consent to sell under
Special Condition No. (16)(a) and for pre-sale consent under
Special Condition No. (14). Prospective purchasers should
refer to the consents for the details of the terms before
they enter into any preliminary agreement for sale and
purchase of any Residential Unit.
Usual Consents in secondary market
5. Depending on the nature of the transaction, generally
there are three types of consent as follows:
- consent to sell
- consent to mortgage or charge
- consent to underlet or license
6. Each of the following consents, if given, is
personal to the applicant and would be subject to the
following main requirements or terms:
consent to sell
The purchaser of each Residential Unit must be a
person or persons under either of the following
Condition 1.a. or 1.b.:
- the person, or each of
the persons, is a holder of a valid permanent
identity card as defined by section 1A of, and
issued under, the Registration of Persons
Ordinance (“Hong Kong Permanent Identity
i. persons consisting of
- at least one, or
more than one, person who is a holder of a valid
Hong Kong Permanent Identity Card (“HKPR”); and
- one, or more than one, person who
is not a holder of a valid Hong Kong Permanent
Identity Card (“non-HKPR”); and
ii. all those persons are closely related
Note 1; and
iii. in this Condition 1.b., two or more than two
persons are closely related if:
- where there are
two persons, one of them is the parent, spouse,
child, brother or sister Note 2
of the other; or
- where there are more than two
persons, each of them is a parent, spouse, child,
brother or sister of each of the others.
The purchaser(s) of a Residential
Unit shall purchase that Residential Unit in
his/their own name(s) only and as the beneficial
- The purchaser(s) is/are restricted from
entering into any nomination, sub-sale or any transfer of the
benefit of the agreement for sale and purchase before completion
of the sale and purchase and the execution of the assignment.
purchaser, and where the purchaser comprises two
or more persons, each purchaser, of a
Residential Unit shall make a statutory
declaration to substantiate Conditions 1 and 2
above in such form and within such time as
required by the Director.
The statutory declaration shall be in
Form A (for use where sole/all purchaser(s)
Form B (for use by
HKPR(s) where purchase is in joint names and
involves non-HKPR(s)) or
Form C (for
use by non-HKPR(s) where purchase is in joint
names and involves non-HKPR(s)). The
Director shall have the right to revise such
forms from time to time and such forms may be
downloaded from the departmental website.
The statutory declaration(s) should then
be placed with the other land documents of that
Residential Unit. A certified copy Note 3 of the
statutory declaration(s) shall be submitted to
the Director within the time limit as required
by the Director.
Each of the agreement for
sale and purchase and the assignment of each
Residential Unit shall contain a certificate by
a solicitor as defined in section 2 of the Legal
Practitioners Ordinance certifying that: -
- each and every person as
referred to in Condition 1.a. or 1.b.i.I.
above is a holder of a Hong Kong Permanent
Identity Card; and
- each purchaser named in the relevant
agreement for sale and purchase or
assignment (as the case may be) of that
Residential Unit has made the required
statutory declaration in accordance with the
conditions of the relevant consent letter
issued by the Director under Special
Condition No. (16)(a) and such statutory
declaration(s) has/have been placed with the other land documents of that Residential Unit on or before completion.
consent to underlet or license
- Each mortgage or charge shall only be made or
given in favour of specified institutions, namely
authorized institutions as defined in section 2 of the
Banking Ordinance, The Hong Kong Mortgage Corporation
Limited, mortgage insurance companies partnering with
authorized institutions and The Financial Secretary
Incorporated (each a “Specified Institution”), and (in
first-hand sale and by way of second mortgage or charge
only) also the developer, Ace Dragon Development
Each mortgage or charge, including
second mortgage or charge, of Residential Unit(s) must
contain specific provision(s) to the effect that: -
- the exercise by the mortgagee or
chargee of the power to sell, lease or otherwise
dispose of the Residential Unit(s) shall be subject
to compliance with Special Condition No. (16)(a);
the mortgagee or chargee shall
not assign or transfer the mortgage or charge, or
(as the case may be) the second mortgage or charge,
of the Residential Unit(s) or any benefit of such
mortgage or charge, or (as the case may be) second
mortgage or charge, of the Residential Unit(s) or
enter into any agreement to do so unless the
assignment or transfer is made or given in favour of
a Specified Institution.
- The term of the tenancy or lease or
licence shall not exceed 5 years in the
aggregate including any right of renewal.
- No premium, fine, key money or similar
payment shall be paid by the tenant or licensee.
- No rent or licence fee shall be payable in
advance for a period greater than 12 calendar
for making application for consent
7. For a purchaser of a Residential Unit who wants
to raise mortgage to finance the purchase of that
Residential Unit, there is no need to make separate
application for “consent for purchaser to mortgage or
charge”. Such “consent for purchaser to mortgage or
charge” will be given under the consent for the vendor
to sell the Residential Unit concerned and shall take
effect immediately upon the purchaser taking up the
assignment of the Residential Unit concerned.
8. After the purchase of a Residential Unit has been
completed, the owner of that Residential Unit may apply
for the following three usual consents or any of them
even though there may not be an immediate need to
underlet or license, sell or mortgage or charge that
Residential Unit: -
Application for consent
- consent for owner to
underlet or license;
- consent for owner to sell; and
- consent for owner to mortgage or charge.
9. Application for consent under Special Condition No. (16)(a) should be submitted by hand or by post to :
Legal Advisory and Conveyancing Office / Kowloon
18th Floor, North Point Government Offices
333 Java Road,
Application for consent to Owner to underlet or license, sell, or mortgage or charge should be made in the prescribed form. The applicant(s) should submit the
(together with supporting documents, namely, a certified copy Note 4 of the last assignment of the Residential Unit concerned showing that the applicant(s) is/are the owner(s) of the Residential Unit and a certified copy Note 4 of the up-to-date computer printout of the search records of the Residential Unit concerned showing that the applicant(s) is/are the owner(s) of the Residential Unit) to the above Office. However, there is no prescribed form for the special consent mentioned in paragraphs 10 and 11 below. Application for such consent should be made by letter to the above Office together with supporting documents.
10. There may be special circumstances whereby there
is a genuine need for a Residential Unit subject to the
HKPHKP measure to be held by non-HKPR(s). Application
for a special consent will be considered on the merits
of each individual case and any consent, if given, would
be subject to such terms and conditions as the Director
may impose. Generally, application for consent for a
transfer to a non-HKPR or non-HKPRs would be considered upon
production of supporting documents to the satisfaction
of the Director in the case of an assent to lawful
beneficiary due to the death of an owner or for an
assignment to a spouse pursuant to a court order due to
divorce or separation. A non-HKPR owner holding a
Residential Unit after obtaining the due consent is
subject to the same HKPHKP measure when he or she
alienates the Residential Unit within the 30-year
11. There may be circumstances whereby a Residential
Unit is held by a mortgagee in possession upon the
mortgagor in default or vested in a
trustee-in-bankruptcy. Application for special consent
to sell or to underlet will be considered upon
production of supporting documents of the ownership to
the satisfaction of the Director and any consent, if
given, would be subject to the same HKPHKP measure.
Who can apply for consent
12. Application for consent under Special Condition
No. (16)(a) may be made by the applicant(s) on his/their own or
through his/their solicitors.
13. No fee will be charged by the Lands Department for
consents in respect of individual Residential Unit under
Special Condition No. (16)(a) of the Conditions of Sale.
14. The application form for the consent and the
prescribed forms of statutory declarations may be
downloaded from the Lands Department’s website.
- Application Form for Owner to underlet or
license / sell / mortgage or charge
15. For enquiries, please call telephone number 2231 5536.
Regarding the meaning of “closely related”, the Lands Department follows the definition under section 29AD of the Stamp Duty Ordinance.
Regarding the meaning of the terms “parent”, “spouse”, “child”, “brother” or “sister”, the Lands Department follows the meaning as ascribed to these terms by the Stamp Office when dealing with ad valorem stamp duty.
Copy as certified by a solicitor practising in Hong Kong.
Copy as certified by a solicitor practising in Hong Kong or the Land Registrar.
The Chinese versions of Form A, Form B and Form C provided in this web site are for reference only.