The Conveyance Deed and Sale Deed is a fundamental legal instrument in Hong Kong's property transactions, essential for transferring real estate ownership. This document type is specifically designed to comply with Hong Kong's property law system, particularly the Conveyancing and Property Ordinance (Cap. 219) and related legislation. It serves a dual purpose by documenting both the sale agreement and the actual transfer of property rights. The document is used whenever there is a transfer of real property ownership in Hong Kong, whether for residential, commercial, or industrial properties. It must include specific elements required by Hong Kong law, such as proper party identification, precise property description, consideration details, and appropriate execution formalities. The document also needs to address local requirements regarding stamp duty, land registration, and building management obligations where applicable.
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1. Parties: Identifies and provides full details of the Vendor (transferor) and Purchaser (transferee), including their full legal names, addresses, and any capacity in which they are acting
2. Background/Recitals: Sets out the ownership history of the property, the agreement to sell, and any relevant context for the transfer
3. Definitions: Defines key terms used throughout the deed, including the Property, Completion Date, Purchase Price, and other relevant terms
4. Operative Part: The formal words of transfer/conveyance, stating that the Vendor transfers the Property to the Purchaser
5. Consideration: States the purchase price and confirms receipt of payment
6. Title Guarantee: Vendor's warranties regarding their right to transfer the property and the state of the title
7. Execution Block: Space for parties to execute the deed, including witness requirements
8. Attestation: Formal witnessing clause and signature verification
1. Existing Tenancies: Required when the property is subject to ongoing tenancies that will continue after the transfer
2. Mortgage Details: Included when there is an existing mortgage to be discharged or new mortgage to be registered
3. Special Conditions: Any unique terms or conditions specific to this transaction
4. Management Agreement: Required for properties in multi-story buildings with building management obligations
5. Tax Declarations: Special declarations regarding stamp duty status or tax implications
6. Power of Attorney: Required when any party is acting through an attorney
1. Schedule 1 - Property Description: Detailed legal description of the property, including lot number, address, and registered particulars
2. Schedule 2 - Title Documents: List of all relevant title documents and their registration particulars
3. Schedule 3 - Encumbrances: Details of any existing encumbrances, easements, or rights affecting the property
4. Schedule 4 - Fixtures and Fittings: Inventory of fixtures and fittings included or excluded from the sale
5. Appendix A - Property Plans: Certified plans or drawings of the property
6. Appendix B - Land Search: Recent land search results showing the current state of the title
7. Appendix C - Certificates: Relevant certificates including occupation permit and deed of mutual covenant
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