“charge” (押記) means—
- (a) a legal charge within the meaning of section 2 of the Conveyancing and Property Ordinance (Cap. 219); or
- (b) a mortgage of an equitable interest over land but excluding any mortgage of an interest which is only capable of being protected by a consent caution or non-consent caution;
“chargee” (承押記人) means the owner of a charge;
“charging order” (押記令) means an order of any court of competent jurisdiction imposing on registered land, or a registered long term lease, specified in the order a charge for securing the payment of any money due or to become due under a judgment or order of the court;
“chargor” (押記人) means the owner of registered land, or the lessee of a registered long term lease, which is subject to a charge;
“company” (公司) means a body corporate—
- (a) incorporated under the Companies Ordinance (Cap. 32);
- (b) incorporated under any other enactment; or
- (c) incorporated or established outside Hong Kong,
and includes an unregistered company within the meaning of Part X of the Companies Ordinance (Cap. 32);
“consent caution” (同意警告書) means a caution referred to in section 71(1) and (3);
“Court” (法庭) means the Court of First Instance;
“current” (當時有效), in relation to any matter, means the matter has not ceased to have effect;
“date of first registration” (首次註冊日期) means—
- (a) in relation to registered land, the date determined in accordance with section 22 of this Ordinance or section 3 of Schedule 1, whichever is applicable; and
- (b) in relation to a registered long term lease, the date determined in accordance with section 49(5) of this Ordinance or section 6 of Schedule 1, whichever is applicable;
“dealing” (交易) means a disposition or transmission;
“disposition” (處置) means an act by the owner of registered land or a registered charge, or the lessee of a registered long term lease, whereby his rights in or over the land, charge or lease, as the case may be, are affected, but does not include—
- (a) an agreement to transfer;
- (b) an agreement to charge;
- (c) an agreement to grant a long term lease; or
- (d) an agreement to grant an easement,
and “dispose”, “disposal” and “disposed” (處置) shall be construed accordingly;
“document” (文件) includes, in addition to a document in writing—