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Completing the sale and purchase transaction

Vi. completing the sale and purchase transaction.

Steps in completing the sale and purchase of a property:

	Steps	Done by
1.	Drafts the .	Purchaser's solicitor
2.	Approves the assignment.	Vendor's solicitor
3.	Vendor arranges for the Purchaser to make a final inspection of the flat.	Vendor & Purchaser
4.	Signs the assignment (and the mortgage, if any).	Purchaser
5.	Gives a cheque for the balance of the purchase price to the Purchaser's solicitor. (If the Purchaser has been granted a mortgage loan, the bank sends the loan money to the Purchaser's solicitor.)	Purchaser
6.	Signs the assignment and gives the keys of the property to the Vendor's solicitor.	Vendor
7.	Gives the cheque(s) for the balance of purchase price to the Vendor's solicitor. .	Purchaser's solicitor
8.	Gives the assignment and keys to the Purchaser's solicitor. .	Vendor's solicitor
9.	Undertakes to ascertain that all mortgages are paid off within a certain number of days (if Vendor has taken out a mortgage on the property).	Vendor's solicitor
10.	Gives the keys to the Purchaser and stamps the assignment at the .	Purchaser' solicitor
11.	Arranges for the Vendor to pay off all mortgages (if any) on the property. If no mortgage to be discharged, the balance of purchase price (less legal costs) will be paid to the Vendor. Skip steps 12 and 13 below.	Vendor's solicitor
12.	Issue a discharge of the mortgage, which shows that the Vendor's mortgage loan has been paid off.	Bank (Vendor's mortgagee)
13.	Collects and sends the discharge to the Purchaser's solicitor.	Vendor's solicitor
14.	Registers the assignment with the (If there is a discharge and a new mortgage, the Purchaser's solicitor should also register them with the Land Registry.)	Purchaser's solicitor
15.	Gives the registered assignment and all other title deeds to the Purchaser (or gives them to the bank if the Purchaser has been granted a mortgage loan).	Purchaser's solicitor

a) An assignment is a document transferring the legal title (i.e. property ownership) from the vendor to the purchaser. It will be signed on the completion day.

b) The property will be transferred from the vendor to the purchaser on the completion day . Keys will be delivered to the purchaser and the balance of purchase price will be paid to the vendor within this day (which represents the completion of the sale and purchase).

c) The current stamp duty for an assignment for residential property is $100 (if the preceding agreement for sale and purchase has been stamped).

d) The current registration fee for an assignment is $230 (property price not exceeding $750,000) or $450 (property price exceeds $750,000). For details, please go to the Land Registry's website .

Choosing a subtopic

1. Am I holding a Government lease while owning a flat in a multi-storey building?
2. What are the different ways of owning a property? What is sole ownership and what are joint tenants and tenants-in-common?
3. Can I sell my property if I am one of the joint tenants/tenants in common?
4. I am not the "registered owner" of a flat although I have paid part or all of the money to purchase the flat. Do I have a say in matters concerning the property? Can I stop the "registered owner" from selling the property?
1. I want to sell my flat. What services can I expect from an estate agent?
2. As a vendor, must I sign an estate agency agreement when I ask an agent to help me sell my flat?
3. Can the same agent serve both the vendor and the purchaser?
4. Do I pay less commission if the same agent serves both the purchaser and me (the vendor)?
5. I want to buy a flat. What services can I expect and what information can I obtain from the agent who shows me a flat?
6. As a purchaser, must I sign an estate agency agreement when I ask an agent to show me a flat?
7. Do I pay less commission if the same agent serves both the vendor and me (the purchaser)?
8. What if I sign a 'Form 4' with an agent who shows me a flat, and later, I buy the flat through another agent or directly from the vendor?
9. What if I sign a 'Form 4' with an agent who shows me a flat, and later, someone related to me (e.g. my spouse) buys the flat through another agent or directly from the vendor?
10. Where can I go to make a complaint if I am not satisfied with my agent?
11. Before I buy the flat, I find out that my agent gave me false information or he forgot to tell me some important information about the flat. Can I terminate the provisional agreement and sue my agent (and his employer) for compensation?
1. I want to purchase a flat. What should I do before I sign the provisional sale and purchase agreement and pay the initial deposit?
2. When the property is sold with an existing tenancy, what should the purchaser and the vendor be aware of?
3. What are the usual terms that would be contained in the provisional sale and purchase agreement?
4. Should the provisional sale and purchase agreement be stamped and registered?
5. What should a purchaser be aware of if there is an existing mortgage on the flat before he/she signs the provisional sale and purchase agreement?
6. If a purchaser intends to buy a flat over which there is a negative equity (the purchase price to be paid cannot fully offset the outstanding mortgage loan), how can the purchaser deal with the risk?
7. What should a purchaser do if a mortgage is needed?
8. Can a purchaser re-sell the property after signing the provisional sale and purchase agreement?
9. Can a purchaser refuse to complete the purchase of a stigmatized property after signing the provisional or formal sale and purchase agreement?
1. What are the usual steps for signing the formal sale and purchase agreement and paying the further deposit?
2. I (as a purchaser) signed the provisional agreement but I want to add my spouse's name or my parents' names into the subsequent formal agreement. Can I do that?
3. If I want to sell or transfer my flat to a member of my family or a relative, what should I be aware of?
4. Should I enter into a sale and purchase agreement or execute a deed of gift if I want to give my property to my husband/wife?
5. How much stamp duty is payable for the sale and purchase agreement for a residential property?
6. Is there any difference between 'residential' and 'commercial' properties as far as stamp duty is concerned?
7. Can the purchaser apply for deferring payment of stamp duty?
8. Should the sale and purchase agreement for the property be registered at the Land Registry? How much is the registration fee?
9. How much will I have to pay the solicitor for a property transaction? Is there a fixed scale?
10. What happens if there are discrepancies in the terms between the provisional agreement and the formal agreement?
11. If the vendor/purchaser anticipates that he will be out of Hong Kong and therefore cannot sign the formal agreement, what can he do?
1. If one party commits other wrongful acts, e.g. the vendor broke a small window in the kitchen, can the other party terminate the sale and purchase agreement or claim for compensation?
1. If there are some "new expenses" (e.g. repair costs for the relevant building) come out after the parties signed the formal sale and purchase agreement but before the completion day, should the vendor or the purchaser bear these expenses?
Sale and purchase of Home Ownership Scheme (HOS) flats
1. Sale and purchase of property under construction is governed by either the "Consent Scheme" or the "Non-Consent Scheme". What are the differences between these two schemes?
2. If the developer/vendor fails to complete the building and hand over the flats to the purchasers on time, can the purchasers terminate the agreement and sue for compensation?
1. What are the functions of the Owners' Corporation and the building manager?
2. How to set up an Owners' Corporation?
Case Illustration

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Land Registry & Tenancy Matters
Land Registry

How to access the property information (such as the age of the building, injunction order against sale of property or mortgage/charge)?

Please refer to the following documents. If the document you need has been registered in the land register, you may order a copy of the land document. Please click here for the procedures.


1.Completion date and the age of the building
2. Injunction orders against sale of property, if any
3. Illegal or unauthorised structures, if any
4. Mortgage / charge
5. Discharge of mortgage / charge
6. Particular terms and condition of relating to the building(e.g., interest and liability of property owner、use of common area, restriction on keeping pets, etc.)
7. Restriction on building and property user
8. Land use and area of a lot	Check Whole Lot Check subsections of a Lot
9. Plan (Assignment and the plan seldom include the information on saleable floor area and gross floor area)
10. Scavenging lane	To confirm if the scavenging lane included in the building/ lot To confirm if the scavenging lane is managed by the building
11. Arrears of management fee or government rent and rate
12. Indication of settlement of land premium for removal of the sale restriction for Small House cases or Home Ownership Scheme/ Private Sector Participation Scheme Flat case?
13. Is one of the Joint Tenants deceased?
14. Is the Tenants-in-common / sole owner deceased? Change in property ownership
15. Building Plan
16. Floor Plan

Looking for information? 1823 Chatbot can help you find related FAQs!

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(1) Introduction
(3) Formal Agreement for Sale and Purchase
(2) Provisional Agreement for Sale and Purchase
(4) Redemption
(5) Assignment
(6) Mortgage
(7) Stamp Duty
(8) Land Registration
(9) Completion
(11) Sub-sale and Sub-purchase
(12) Conveyancing Practice and Procedure

Monograph : Conveyancing

The formal agreement for sale and purchase is usually prepared by the vendor's solicitors for the approval of the purchaser's solicitors and comes after a provisional agreement for sale and purchase in a conveyancing transaction. Like a provisional agreement, there are no standard forms for a formal agreement. The terms and conditions contained in a formal agreement are in greater detail and cover a wider range of matters than a provisional agreement, although it also incorporates the basic terms as agreed between the parties in the provisional agreement. A formal agreement usually contains or deals with the following provisions or matters:

Particulars of the vendor and the purchaser

These will be particularised in the formal agreement.

Agreement to sell and purchase

The vendor agrees to sell and the purchaser agrees to purchase the property specified in paragraph 3.

Property

Particulars of the property will be set out in the formal agreement. A land search of the property at the Land Registry will reveal the description of the property according to the Land Registry record, including equal undivided shares in land, the lot number of the land on which the property stands and postal address of the property. An example of the description of property appearing in a formal agreement may read: "All That 1/1,000th equal undivided part or share of and in Section A of Inland Lot No.1234 together with the exclusive right to the use occupation and enjoyment of All That Flat A on the 8th Floor of Block 8 of Lucky Garden, 8 Luck Street, Hong Kong". If the price includes a car park or flat roof or roof, the same will constitute part of the property and have to be clearly stated in the formal agreement.

Purchase price and manner of payment

The price and manner of payment will be specified in the formal agreement.

Completion date

The completion date and time will be specified in the formal agreement. The completion time is usually between 9am and 5pm if the completion date falls on a day from Monday to Friday or between 9am and 1pm if it falls on a Saturday.

Place for completion

The place for completion is usually the office of the vendor's solicitors.

Furniture and fixtures

If the price includes furniture and fittings, such items should be listed in the formal agreement and the following provisions are usually included:

a.	The furniture and fixtures will be sold on an "as is" basis;

b.	The vendor will not warrant the condition of the furniture or fixtures;

c.	The vendor will warrant that the furniture and fixtures are not subject to any hire-purchase agreement and are free from any other encumbrances; and

d.	Failure by the vendor to comply with this clause will not entitle the purchaser to withdraw from the purchase (that is, the purchaser has to complete) and the only remedy the purchaser has is to claim damages against the vendor.

The vendor agrees to prove and give good title to the property at his expense and shall at the like expense produce attested or certified copies of documents required to be produced under S.13 of the Conveyancing and Property Ordinance. In brief, the vendor has to prove good title by producing to the purchaser title deeds of the property dating back at least 15 years from the present transaction. It is of vital importance to the purchaser that the title of the property should not be affected by any major defects which adversely affect its marketability.

Requisition on title

Requisition on title has to be raised with the vendor's solicitors within a specified period of time, usually within seven working days of the receipt of title deeds by the purchaser, failing which the purchaser shall be deemed to have accepted title.

Purchaser's insistence on requisitions

If the purchaser insists on any requisition which the vendor is unable to resolve, the vendor shall be at liberty to annul the sale by giving to the purchaser a stated period of notice, for example, not less than seven days' written notice. Unless such requisition has been withdrawn in the meantime, upon expiry of the said notice, the formal agreement will be annulled and the purchaser entitled to the return of all deposits paid without compensation whilst all the title deeds will be returned to the vendor.

Originals of documents

Title deeds which relate exclusively to the property will be delivered to the purchaser.

Encumbrances and easements

The property will be sold subject to and with the benefit of the terms and conditions of the government grant and Deed of Mutual Covenant relating to the property.

Vacant possession

Unless the property is sold subject to an existing tenancy, the vendor shall deliver vacant possession of the property to the purchaser upon completion.

Risk of property

Immediately after signing the formal agreement, the property will be at the purchaser's risk.

Purchaser's failure to complete

If the purchaser fails to complete according to the formal agreement, the vendor will have the following remedies:

a.	All the deposits paid by the purchaser (usually not exceeding 10% of the price) will be absolutely forfeited to the vendor;

b.	The vendor will be entitled to rescind the sale;

c.	The vendor may resell the property;

d.	If the price on resale by the vendor is lower than the price stated in the formal agreement, the purchaser shall be liable for the deficiency in price arising from the resale and all incidental expenses;

e.	Any increase in price on resale shall belong to the vendor;

f.	The vendor is entitled to register at the Land Registry a memorandum signed by the vendor alone to rescind the sale and to vacate the registration of the formal agreement; and

g.	The vendor may claim against the purchaser for any other damages caused by the purchaser's failure to complete.

Vendor's failure to complete

If the vendor fails to complete according to the formal agreement, the purchaser will have the following remedies:

a.	All the deposits paid shall be returned to the purchaser; and

b.	The purchaser may claim against the vendor for any other damages caused by the vendor's failure to complete.

Specific performance 1

If any party fails to complete according to the formal agreement, the other party may claim specific performance of the formal agreement either in lieu of or in addition to a claim for damages against the defaulting party.

Time of essence

Time shall be of the essence of the formal agreement (that is, both parties shall strictly comply with the time limits mentioned in the agreement). Regarding the time for completion, it has been held by the court in a number of cases that even if the purchaser was only a few minutes late in tendering the balance of purchase price on the date of completion, the purchaser was in breach of the agreement as time was of the essence. Thus, for example, if the time for completion is stated as at or before 5pm on 31 December 2001, the purchaser has to tender the balance of the purchase price to the vendor at or before 5pm on 31 December 2001 and any delay beyond 5pm will render the purchaser in breach of the agreement and may entitle the vendor to forfeit the deposits and rescind the sale.

Property sold on "as is" basis

The property will be sold on an "as is" basis. The purchaser has inspected the property and has accepted its physical condition. No warranty is given by the vendor on the physical condition of the property. (See also Chapter 2, paragraph 14.)

Orders or notices before completion

The formal agreement may deal with:

a.	Orders or notices issued by any government authority before completion requiring the vendor to demolish or reinstate the property or any part thereof: such notices/orders are usually the result of unauthorised alterations/structures affecting the property and as such, give rise to requisition on title. It is usual to provide in the formal agreement that in such event, the vendor shall bear the cost for such demolition or reinstatement and the purchaser may elect to rescind the formal agreement and be refunded all the deposits paid (unless the vendor has disclosed the existence of such unauthorised structures/alterations before the provisional agreement and the purchaser has accepted the same).

b.	Orders or notices issued by the government or the incorporated owners or the manager of the building before completion requiring the vendor as a co-owner to contribute to the cost of repair or renovation to the common areas or facilities: whether the vendor or the purchaser should bear such cost is a matter of contractual agreement between the parties. Therefore, the issue is best raised and agreed between the parties at the provisional agreement stage to avoid dispute at the formal agreement stage or thereafter.

c.	Orders or notices issued under the Lands Resumption Ordinance, Town Planning Ordinance etc., before completion requiring resumption of the property: it is usual to provide in the formal agreement that in such event, the purchaser may rescind the agreement and be refunded all the deposits paid.

Vendor's solicitors as agent

The vendor will declare that the vendor's solicitors are the vendor's agent for the purpose of receiving all money payable to the vendor and that payment of any money to the agent shall be a sufficient discharge of the purchaser's obligations to pay under the formal agreement.

All stamp duty payable in respect of the Provisional Agreement, formal agreement and subsequent assignment shall be paid by the purchaser. In the event that the price stated in any of the said documents is not accepted by the Collector of Stamp Revenue as representing the true consideration of the property, the additional stamp duty charged by the Collector of Stamp Revenue in accordance with his valuation of the property shall also be borne and paid by the purchaser.

Apportionment of outgoings

All outgoings of the property shall be paid by the vendor up to (exclusive or inclusive of the day of completion to be agreed between the vendor and purchaser) completion and as from (inclusive or exclusive of the day of completion to be agreed between the vendor and the purchaser) completion all outgoings shall be paid by the purchaser. All outgoings shall be apportioned between the vendor and the purchaser. Usually, the outgoings which need to be apportioned include the management fee deposit, management fee, rates and government rent. What normally happens is that on or before completion, the vendor provides his solicitors or estate agent with receipts for the relevant deposits and outgoings for them to work out an apportionment account. The account will show what amount is owed and by whom. The party who has to make a payment to the other party according to the apportionment account will pay the amount, sometimes upon completion and sometimes after completion. In any event, the purchaser should receive the originals of the relevant receipts. Example

The vendor and the purchaser agree to complete the sale and purchase of the property on 15 December 2001. The vendor has paid rates of $1,800.00 for the months from October to December 2001 but has not paid the management fee of $800 for the month of December 2001. The management fee deposit is $1,800.00. On the basis of the vendor paying up to but exclusive of the day of completion, the apportionment account will be as follows:

Apportionment Account

Amount payable by the purchaser to the vendor:


1.	Management fee deposit	$1,800.00
2.	Rates ($1,800 x 17/92*)	$332.61
		--------------------------
		$2,132.61

* There are 17 days from 15 December to 31 December. There are 92 days in the months of October, November and December. Less: amount payable by vendor to purchaser:


Management fee ($800 x 14/31*)	$361.29
	------------------------
Net balance payable by purchaser to vendor:	$ 1,771.32
	==============

* * There are 31 days in the month of December. There are 14 days from 1 December to 14 December. In respect of other utility charges, such as water, gas and electricity, the normal practice is for the vendor to obtain a refund for the relevant deposits from the utility companies directly and for the purchaser to pay deposits to the utility companies in order to open accounts in the purchaser's name. The vendor will also be advised to record meter readings of utilities upon completion in order to ascertain the liabilities of the vendor towards such charges.

Solicitor's costs

Each party shall bear his own solicitor's costs of and incidental to the formal agreement and the subsequent assignment.

Discharge of existing mortgage

The parties are aware that the property is presently subject to the mortgage more particularly set out in the formal agreement. The vendor undertakes that the vendor will, on or before completion of the sale and purchase of the property, pay to the mortgagee the amount required to obtain a release of the property so that the property will be assigned to the purchaser free from the said mortgage. The vendor's solicitors shall write or have already written to the mortgagee for the amount payable to obtain a release of the property.

Vendor's capacity

In most cases, the vendor will assign the property as beneficial owner (other capacities include trustee, confirmor, mortgagee and personal representative). The capacity in which the vendor is expressed to assign in the subsequent assignment of the property decides the covenants for title implied in such assignment. In brief, if the vendor assigns in the capacity of beneficial owner, the implied covenants for title will be more comprehensive and protective to the purchaser than if the vendor assigns in other capacities.

Inspection by purchaser's mortgagee

The vendor shall allow the purchaser's mortgagee to view the property once for valuation purpose upon reasonable prior notice being given to the vendor before completion.

Final inspection by purchaser

The vendor shall allow the purchaser to view the property once before completion and upon reasonable prior notice being given to the vendor to verify delivery of vacant possession.

Third party clause

The vendor declares and confirms that no third party has any right or interest in the property. In the event that there is any third party claim against the property on or before completion, the vendor shall forthwith refund to the purchaser all the deposits paid and without prejudice to the purchaser's right to claim against the vendor for all damages sustained by the purchaser by reason of the vendor's failure to complete the sale in accordance with the terms of the Formal Agreement.

1 The right to claim specific performance is usually expressly excluded in the provisional agreement. (See also Chapter 2, paragraphs 11 and 12.)

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Global Corporate Real Estate Guide

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What is included in the term “real estate”?
What laws govern real estate transactions?
What is the land registration system?
Which authority manages the registration of titles?
What rights over real property are required to be registered?
What documents can landowners use to prove ownership over real property?
Can a title search be conducted online?
Can foreigners own real property? Are there nationality restrictions on land ownership?
Can the government expropriate real property?
How can real estate be held?
What are the usual structures used in investing in real estate?
How are real estate transactions usually funded?
Who usually produces the documentation in real estate transactions?
Can an owner or occupier inherit liability for matters relating to the real estate even if they occurred before the real estate was bought or occupied?
Does a seller or occupier retain any liabilities relating to the real estate after they have disposed of it?

The term “real estate” is not defined in any Hong Kong statutes or case law. However, “land” has been defined in various statutes to include the following:

Land covered by water
Things attached to land or permanently fastened to anything attached to land
Intangible rights that might exist over the land

In common law, the ownership of a piece of land includes everything that is above the land (e.g., buildings) and everything beneath the land. It also includes fixtures – things that become so attached to the land or a building as to form part of the land, unless the contrary intention is expressed.

Hong Kong real estate transactions are mainly governed by the following:

The Conveyancing and Property Ordinance (Cap. 219), which governs the execution and proof of titles
The Land Registration Ordinance (Cap. 128), which governs the priority of interests in land

Other relevant statutes include the following:

The Landlord and Tenant (Consolidation) Ordinance (Cap. 7)
The Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545)
The Residential Properties (First-hand Sales) Ordinance (Cap. 621)

Hong Kong is a common law jurisdiction. Therefore, in addition to statutes, decisions by Hong Kong courts represent another major source of law pertaining to real estate transactions.

Hong Kong adopts a system of registration of instruments (deeds) affecting land, not of registration of title to land. Registration does not guarantee title as Hong Kong does not adopt a Torrens system. Registration gives priority to the person holding a prior registered interest over a subsequently registered interest. An unregistered instrument will lose its priority to subsequent buyers or mortgagees for valuable consideration (provided that the subsequent buyer or mortgagee concerned has carried out registration).

Registration is effected by submitting the instrument concerned to the Land Registry together with a memorial in the prescribed form. The memorial describes the property affected and the nature and object of the instrument. A registration fee is payable (between HKD 210 and HKD 2,000 as of April 2023). The land register will be updated to show the registered instrument, which will then be imaged and returned to the lodging party. The Land Registry pledges to complete the process of registration within 15 working days.

Instruments affecting land are registered with the Land Registry.

Registration is not mandatory in Hong Kong. However, to protect one’s interest in the property, the holder of that interest will almost invariably register the instrument creating or conferring the property interest. Generally, if an instrument is duly presented for registration within one month after the date of its execution, priority will start from the date of its execution. If an instrument is presented for registration more than one month after the date of its execution, priority will start from the date of its registration instead of the date of execution.

Registrable instruments include deeds, conveyances, judgments and other instruments in writing which affect immovable property.

However, the following documents are not registrable:

Floating charges (except upon crystallization)
Unilateral document by a stranger to the title claiming an interest in a property
Building plan without being attached to any instrument
Wills

In addition, short-term leases (i.e., with a term of three years or less) do not have to be registered. Priority will not be affected even if it is not submitted for registration.

Normally, land owners will have to produce (i) the land grant and those title documents from the intermediate root document (see paragraph below) to the present if the land grant is more than 15 years; or (ii) the land grant and those title documents from the land grant to the present if the land grant is less than 15 years. An intermediate root document must be an assignment, mortgage or charge dealing with the whole estate.

Land owners have to show an unbroken chain of ownership from the land grant or the intermediate root to the present day and that the ownership is free from any encumbrance. The originals or certified copies of all title documents in the chain must be produced. The original has to be produced if the document relates exclusively to the real estate concerned, and a certified true copy will be acceptable if it relates to the real estate concerned as well as to other properties.

Online land search can be conducted by using the Integrated Registration Information System (IRIS) Online Services. Land registers and copies or certified true copies of registered land documents are available upon payment of fees (between HKD 10 and HKD 270 as of April 2023). The following information in relation to a particular property can be obtained from a land register:

Property particulars
Owner particulars
Encumbrances
Deeds pending registration

Generally, foreigners can own immoveable property in Hong Kong and there is no nationality restriction on ownership of immoveable property. However, since 2012, the government has implemented the “Hong Kong Property for Hong Kong People” (HKPHKP) policy which affects selected residential developments in Hong Kong. Under this policy, the government will, at the time of selling selected sites to developers, add land lease conditions restricting the sale of the flats developed at such sites to Hong Kong permanent residents only. Such restriction will apply for 30 years from the date on which the site is granted to the developer. As of April 2023, the HKPHKP policy has only been implemented on 2 residential sites in Kai Tak, Kowloon, Hong Kong.

The government may resume land pursuant to the Lands Resumption Ordinance (Cap. 124). The Chief Executive in Council is empowered by law to resume land for public purposes, but the government must pay compensation in respect of the resumption. Such compensation shall correspond to the real value of the property concerned at the time and paid without undue delay. If the amount of compensation offered is not accepted, the matter can be referred to the Lands Tribunal for determination.

The Town Planning Ordinance (Cap. 131) and the Urban Renewal Authority Ordinance (Cap. 563) empower relevant public officers or statutory/public authorities to make recommendations to the Chief Executive in Council to exercise the power of resumption. The relevant statute provides that a resumption carried out on the recommendation made under the statute will be deemed to be carried out for a public purpose.

Other statutes, e.g., the Railways Ordinance (Cap. 519), Roads (Works, Use and Compensation) Ordinance (Cap. 370), Land Acquisition (Possessory Title) Ordinance (Cap. 130), Land Drainage Ordinance (Cap. 446) and Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276), empower the resumption of land.

Under the Basic Law, all land in Hong Kong is state property and the government is responsible for its management, use and development, as well as for its lease or grant to individuals, legal persons or organizations for use and development. Land is usually granted by the government by way of a lease or an agreement for lease in consideration of an upfront land premium. All tenures in Hong Kong are leasehold, except for St. John’s Cathedral, which is held under freehold tenure.

The abovementioned system is essentially a continuation of the system adopted during British rule.

Land was granted for terms of varying duration. Some may run for 999 years, while others may run for 75 years with a right to renew for a further term of 75 years. For land in the New Territories, the lease term could not exceed the term of the lease of the New Territories by China to Britain. As a result, leases that were granted were either 99 years less the last three days from 1 July 1898 (the Crown had a lease reversion of three days), or for 75 years from 1 July 1898, with a right to renew for a further term of 24 years less three days. The New Territories Leases (Extension) Ordinance (Cap. 150) extended leases in the New Territories to 30 June 2047.

After the handover of Hong Kong back to the People’s Republic of China on 1 July 1997, the government has been granting land with terms of 50 years from the date of the land grant.

Subject to the restrictions in the land grant concerned, leasehold interest can be assigned, mortgaged or sublet.

Land parcels are usually granted by public auction (or other competitive processes such as tender) and usually to the bidder who offers the highest land premium or through land exchanges with the government (which will take the form of a surrender of an existing leasehold interest to the government in exchange for the grant by the government of another leasehold interest).

Real properties are usually held in the names of individuals or corporate entities.

Before entering into any transaction, the holding structure should be determined after taking professional advice and considering all pertinent factors including tax and convenience of disposal.

In the purchase of a residential property, it is of utmost importance that the person/entity who will be the buyer is determined before entering into any legally binding agreement. Changing the buyer or the holding entity will attract substantial additional stamp duty (with very limited exceptions to this rule). Acquisition of residential properties by companies and non-Hong Kong permanent residents will attract Buyer’s Stamp Duty (BSD) – for further details, please see section under the heading “What are the costs usually shouldered by the parties?”.

Subject to the above, it is not uncommon for investors of high value real estate to hold real estate in Hong Kong through a holding structure with two layers of companies. The real estate will be held by a Hong Kong-incorporated company. The Hong Kong-incorporated company is usually held by a company incorporated in a tax haven jurisdiction (e.g., the British Virgin Islands).

Such a structure has the following advantages:

If the real estate is sold by means of a sale of shares in the Hong Kong-incorporated company, the transaction will attract stamp duty for an amount equal to 0.26% of the consideration paid or the value of the shares being transferred, whichever is higher. Hong Kong stamp duty is not payable if the sale is effected by means of the sale of shares in the non-Hong Kong company.
If the transaction relates to the sale of the real estate and if the real estate is held by a non-Hong Kong entity, then legal opinions relating to the non-Hong Kong entity and other legal formalities will be required. This will result in longer completion time and extra expenses.

A non-Hong Kong company that is a body corporate and has established a place of business in Hong Kong is required to register with the Companies Registry pursuant to Part 16 of the Companies Ordinance (Cap. 622).

The acquisition of real estate is usually financed by the buyer’s own funds and by bank loans (if the buyer does not have enough funds or if the buyer wishes to have gearing).

The first document in the process will normally be a “provisional” or “preliminary” agreement for sale and purchase signed between the seller and the buyer. It is very often the case that the “provisional” or “preliminary” agreement for sale and purchase is signed in the broker’s standard form. Depending on the size of the transaction, it is usual for the parties to engage lawyers only after they have signed a legally binding “provisional” or “preliminary” agreement for sale and purchase.

Normally, the seller’s solicitor will send the draft formal agreement for sale and purchase to the buyer’s solicitor for approval. The terms of the formal agreement may be negotiated between the parties. If a provisional or preliminary agreement for sale and purchase has been signed, the formal agreement for sale and purchase should reflect (and not be inconsistent with) the terms of the provisional or preliminary agreement for sale and purchase. When the terms of the formal agreement for sale and purchase have been agreed, the seller’s solicitor will prepare a clean copy for signing.

In Hong Kong, a developer may sell flats off the plan (i.e., before completion of the construction). In such a case, the buyer will face the risk of the developer defaulting in its construction obligation. To protect buyers, land grants that were issued since the 1960s very often contain restrictions on off-the-plan sales, which cannot be carried out without the government’s consent. This regulatory regime is called the Consent Scheme. For land grants without such restrictions, the Law Society of Hong Kong has put in place a separate regulatory regime called the Non-Consent Scheme.

Under the Consent Scheme, the developer’s solicitor will prepare the formal agreement for sale and purchase in the standard form prescribed by the Director of Lands.

Under the Non-Consent Scheme, if the developer and the buyer are jointly represented by the same law firm in the transaction, the developer’s solicitor is required to prepare the formal agreement for sale and purchase containing mandatory provisions to protect buyers.

Under both the Consent Scheme and the Non-Consent Scheme, the formal agreement for sale and purchase requires sale proceeds to be held by the law firm representing the developer as “stakeholders.” The stakeholders may only release funds first for the payment of construction cost and professional fees and the repayment of bank financing granted for the development project.

The Residential Properties (First-hand Sales) Ordinance (Cap. 621), which regulates every stage of the sale and purchase of first-hand residential properties (including sales brochures, price lists, sales arrangements, show flats, viewing of properties before purchase, mandatory terms in agreements, register of transactions, websites and advertisements), has come into full effect on 29 April 2013. The Sales of First-hand Residential Properties Authority is given the power under the ordinance to administer and implement the same. Subject to certain exemptions, the ordinance applies to any residential property situated in Hong Kong in respect of which neither a preliminary agreement for sale and purchase nor a formal agreement for sale and purchase has ever been entered into, and no assignment has ever been made. All sale and purchase of such first-hand residential properties after 29 April 2013, need to strictly comply with the ordinance. There are different offenses under the ordinance, some of which carry a maximum fine of HKD 5 million and imprisonment for a maximum term of seven years.

The assignment, the instrument by which the formal transfer of title is effected, is usually prepared by the buyer’s solicitor.

An owner or occupier generally does not inherit third party liability relating to the real estate if such liability arises from any matter which occurred before he/she bought or occupied the real estate.

However, in the case of the ownership of a unit in a multiple-ownership building, this principle seems to be distorted somewhat by the Building Management Ordinance (Cap. 344) (BMO). The BMO provides that if a judgment is given against the incorporated owners (i.e., a body with separate legal entity formed under the BMO by incorporating the owners of the building), execution to enforce the judgment may be issued against any owner. An “owner” means an owner for the time being, i.e., someone who is the owner at the time of an application for leave for judgment to be enforced against the owners personally, not someone who was an owner at the time the liability was incurred. Therefore, an owner of a property can be liable for damages arising from an event prior to acquiring ownership in the property if the owners of the multiple-ownership building have been incorporated.

When dealing with ownership of a unit in a multiple-ownership building, the following possibilities should also be noted:

If, before the owner acquires the real estate, the Building Authority (the public authority responsible for building safety) has made an order requiring the owners of a multiple-ownership building to carry out any works to the common parts or any soil retaining or other structure for the maintenance of which the owners are responsible under the land grant, but the manager of the building only makes a demand after the acquisition for contribution of funds to carry out such works, the demand will be made to the owners of the building at the time of the demand, not the owners at the time when the order was made.
If there is a deficit in the management accounts before completion of the acquisition, the building manager may determine to demand the owners of the building to contribute towards the deficit or to increase the management fees. If such demand is made after the completion of the acquisition, the buyer will be responsible, not the previous owner.
A buyer will generally be liable for a continuing breach of the deed of mutual covenant (the document governing the rights and obligations of the owners of a multiple-ownership building vis-à-vis the other owners and the building manager) in respect of his/her unit even if the breach started before he/she becomes the owner.

If unauthorized structures exist in the real estate before the acquisition and the real estate was acquired with the unauthorized structures, it is possible for the Building Authority to issue an order, or the building manager to make a demand, for the demolition of the unauthorized structures after the acquisition. In such a case, the demolition order or the demand by the manager will be issued to the buyer, but not the previous owner, who may have been responsible for the erection of the unauthorized structure.

Moreover, failure to settle land premium payable under the land grant, government rent or any continuing breach of the land grant (even if the payment defaults or breaches occur prior to the current owner purchasing the property) is a breach of a covenant of the land grant and will enable the government, as landlord, to re-enter the property. If the seller assigns the property as beneficial owner, an implied covenant that the premiums and government rent have been paid will be incorporated into the assignment. The buyer, therefore, has a contractual right of action against the seller for damages in respect of the breach of this covenant.

In the Hong Kong legal profession, there are well established practices for making enquiries to ascertain the existence of, and resolving issues which may arise from, the abovementioned matters that may result in post-completion liabilities on the part of the buyer.

Under the Conveyancing and Property Ordinance, a person is not bound by covenants that relate to and run with the land, including those contained in the deed of mutual covenant and the land grant, after it has ceased to have an interest in the land, except in respect of breaches committed before it ceased to have an interest.

Where the seller assigns the property as beneficial owner, the Conveyancing and Property Ordinance will imply certain covenants relevant to the title into the assignment, including the covenant that the deed of mutual covenant and the land grant have been observed and performed by the seller. The seller is therefore liable for breach of the covenants in the deed of mutual covenant or the land grant with respect to matters which arose prior to the disposal of the property, as well as for breach of other express or implied covenants in the assignment.

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A Brief Introduction About Assignment Help Hong Kong Services

Assignment help Hong Kong services by Student Life Saviour is designed for the students studying in the country. It includes assistance to students with all sorts of issues faced by them in doing their assignment successfully. As a part of completing a subject or a course of study, it is a common practice within Hong Kong universities to entrust students with different types of assignment to prove their learning. Direct interaction with professors is sometimes uncomfortable for students, and this is why Student Life Saviour has come up with providing immediate assistance to students in completing their assignment.

We provide a complete level of guidance and support, and help student in completing the assignment of any subject to a higher standard level. This is possible because of an entire in-house team of highly qualified professors, past scholars and experienced students working 24*7 to help students in scoring A+ grade in their assignment. At the same time, we maintain complete diversity by including professional experts from a different background that can easily handle easy to complex subjects in a comfortable way. The motive is to provide comprehensive support to the student in completing assignments of all disciplines.

To match with the Hong Kong standard for education, we have paid significant attention in recruiting qualified tutors from Hong Kong. An expert from Hong Kong is likely to understand the requirements of professors in a better way as compared to an outsider. But this does not mean that we do not have experts from other countries. We do have experts from other countries, and they assist students who are studying in Hong Kong but enrolled in international universities. This also adds towards our competitiveness in serving the student with diversified requirements in an efficient way.

Our assignment help in Hong Kong, therefore, focuses completely on solving student’s assignment with the sole objective of enabling them to score maximum marks in their exams. To achieve this, we have experienced tutors that have done well in their own academics.

Which Subjects are Covered in Assignment Help in Hong Kong?

Having experts in different subjects provides a competitive edge over others in the form of an increasing number of students asking for assistance and better revenue. Keeping this advantage in mind, Student Life Saviour includes help in all subjects to benefit students positively. It covers assignment help in accounting , business, chemistry, data analytics, English, human resources, information technology, math, marketing, management, nursing , programming, law, finance, and all general subjects. The reason behind including experts from all these subjects is to cover up increasing queries of a student about different courses.

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Where Do You Provide Assignment Help in Hong Kong?

We aim to assist maximum students of Hong Kong in completing their assignment. This can be possible by covering every major region in Hong Kong so that the benefits can be availed by the majority of the students. The important locations of Hong Kong that are included within our assignment help service are indicated below:

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Best Connectivity : It is important to provide better connectivity with the objective of answering all the queries of a student. There is no fixed time when a student needs assistance in the assignment. Many students come at the last moment asking for help in the assignment. Our services are intended for serving all the customers, and to achieve this, we have established best connectivity through different mediums. A student can contact us through live chat, via phone call, and also via email. This is to ensure smooth connectivity with the student, and if any one of the medium is temporary down, a student can contact us through another medium as specified.
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Conventus Law

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Hong Kong – Assignment, Novation Or Sub-Participation Of Loans.

April 28, 2022 by Balaram Adhikari

TRANSFERABILITY OF LOANS

The legal analysis regarding the transferability of loans can be complex. The loan agreement should be examined with a view to identifying any restrictions on transferability of the loan between lenders, such as prior consent of the debtor and, in some cases, whether such consent may be withheld. Other general restrictions may apply given that most banks have internal confidentiality rules and data protection requirements, the latter of which may also be subject to governmental regulations. Certain jurisdictions may restrict the transfer of loans relating to specific types of receivables – mortgage or consumer loans being prime examples. It is imperative to conduct proper due diligence on the documentation and underlying assets in order to be satisfied with the transferability of the relevant loans. This may be complicated further if there are multiple projects, facility lines or debtors. It is indeed common to see a partial transfer of loans to an incoming lender or groups of lenders.

METHODS OF TRANSFER

The transfer of loans may be carried out in different ways and often involves assignment, novation or sub-participation.

A typical assignment amounts to the transfer of the rights of the lender (assignor) under the loan documentation to another lender (assignee), whereby the assignee takes on the assignor’s rights, such as the right to receive payment of principal and interest on the loan. The assignor is still required to perform any obligations under the loan documentation. Therefore, there is no need to terminate the loan documentation and, unless the loan documentation stipulates otherwise, there is no need to obtain the debtor’s consent, but notice of the assignment must be served on the debtor. However, many debtors are in fact involved in the negotiation stage, where the parties would also take the opportunity to vary the terms of the facility and security arrangement.

Novation of a loan requires that the debtor, the existing lender (transferor) and the incoming lender (transferee) enter into new documentation which provides that the rights and obligations of the transferor will be novated to the transferee. The transferee replaces the transferor in the loan facility and the transferor is completely discharged from all of its rights and obligations. This method of transfer does require the prior consent of the relevant debtor.

Sub-participation is often used where a lender, whilst wishing to share the risks of certain loans, nonetheless prefers to maintain the status quo. There is no change to the loan documentation – the lender simply sells all or part of the loan portfolio to another lender or lenders. From the debtor’s perspective, nothing has changed and, in principle, there is no need to obtain the debtor’s consent or serve notice on the debtor. This method of transfer is sometimes preferred if the existing lender is keen to maintain a business relationship with the debtor, or where seeking consent from the debtor or notifying the debtor of any transfer is not feasible or desirable. In any case, there would be no change to the balance sheet treatment of the existing lender.

OFFSHORE SECURITY ARRANGEMENTS

The transfer of a loan in a cross-border transaction often involves an offshore security package. A potential purchaser will need to conduct due diligence on the risks relating to such security. From a legal perspective, the security documents require close scrutiny to confirm their legality, validity and enforceability, including the nature and status of the assets involved. Apart from transferability generally, the documents would reveal whether any consent is required. A lender should seek full analysis on the risks relating to enforcement of security, which may well be complicated by the involvement of various jurisdictions for potential enforcement actions.

A key aspect to the enforcement consideration is whether a particular jurisdiction requires that any particular steps be taken to perfect a security interest relating to the loan portfolio (if the concept of perfection applies at all) and, if so, whether any applicable filing or registration has been made to perfect the security interest and, more importantly, whether there exists any prior or subsequent competing security interest over all or part of the same assets. For example, security interests may be registered in public records of the security provider maintained by the companies registry in Bermuda or the British Virgin Islands for the purpose of obtaining priority over competing interests under the applicable law. The internal register of charges of the security provider registered in the Cayman Islands, Bermuda or the British Virgin Islands should also be examined as part of the due diligence process. Particular care should be taken where the relevant assets require additional filings under the laws of the relevant jurisdictions, notable examples of such assets being real property, vessels and aircraft. Suites of documents held in escrow pending a potential default under the loan documentation should also be checked as they would be used by the lender or security agent to facilitate enforcement of security when the debtor defaults on the loan.

DUE DILIGENCE AND BEYOND

Legal due diligence on the loan documentation and security package is an integral part of the assessment undertaken by a lender of the risks of purchasing certain loan portfolios, regardless of whether the transfer is to be made by way of an assignment, novation or sub-participation. Whilst the choice of method of transfer is often a commercial decision, enforceability of security interests over underlying assets is the primary consideration in reviewing sufficiency of the security package in any proposed loan transfer.

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by Edmond Cheung in Boundaries , Law Tags: assignment plan , boundary dispute , Harvest Rise Development Limited v Ling Yau Yung , Intention of grant , More Particularly Delineated and Described , Secretary for Justice v Wing Lung Wai Community , surrounding circumstances

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In Harvest Rise Development Limited v Ling Yau Yung [2002] HCMP No. 109/2002, the Plaintiff sought the Court’s declaration that an omitted area should form part of the conveyance. More

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Hong Kong’s Climate & Hydrogen Plans Were Captured By Its TownGas Utility

Recently John Haffner , responsible for sustainability at Hong Kong’s US$1.4 billion annual revenue Hang Lung Property Group, reached out to me. ReThink HK, which bills itself as Hong Kong’s best-attended and most ambitious business event for sustainable development, was hosting a debate he would be part of in front of some subset of the roughly 10,000 attendees.

ReThink HK's splash page for their Hong Kong action plan debate

The debate frame was “ The House Believes We Have a Credible Path to Achieving Carbon Neutrality by 2050. ” Knowing my track record of assessing climate and hydrogen plans, Haffner asked if I had a perspective on Hong Kong’s in the run-up to the event, possibly with the hope of gaining some pithy quote or eye-popping statistic to use in his remarks.

I was curious enough and easily distracted enough from whatever I was doing to have a quick look at the climate and hydrogen plans. The curiosity came in part because not only is Hong Kong a storied city, but at one point the firm I was working for was considering whether I would be useful in a role there after my Singapore time. Sadly no, but that didn’t stop me from setting my sank-without-a-trace climate fiction novel there. (As a fiction writer, apparently I write great non-fiction.) Subsequently, I spent some time with CLP, Hong Kong’s utility, talking about their mainland pumped hydro facility and long-duration energy storage in general.

As noted, this was a skim, not a deep analysis, but it’s a fair assessment, I think. I started with Hong Kong’s Climate Action Plan 2050 . Some negatives leapt out.

A focus of the plan is waste-to-energy. Most of the energy in municipal waste is plastics, so waste-to-energy solutions have very high emissions full lifecycle, an average of 400 to 600 kilograms of CO2-equivalent (CO2e) per megawatt-hour (MWh) generated. That’s the same levels as natural gas. While these facilities help reduce landfill waste, their emissions are significantly higher than renewable energy sources like wind and solar, raising concerns about their overall environmental impact. I consider them not a climate solution, but a waste disposal solution.

Another part of their plan is to replace coal with fossil gas in the ‘short term’. This is more of the fossil gas as bridge fuel nonsense that has led to it being the fastest growing fossil fuel in terms of both global use and climate change impacts in the world. Methane leaks from gas, LNG, and engines have made it clear that the climate benefits are much lower than asserted, if any even exist. This will lock Hong Kong into gas for another 30 or 40 years. There are co-benefits of gas like lower — but far from low — air pollution, but those can’t be considered a climate benefit.

The efficiency section doesn’t address the lowest hanging fruit, electrification. HK does a lot of water-heating and cooking with a variety of fossil gases, and replacing those with electric appliances is a bigger lever than building envelope retrofit. Gases aren’t used for building heating given the climate, but electricity is used for cooling, so decarbonizing electricity and electrifying is by far the biggest lever.

Hong Kong has relied on town gas for over a century, with its distribution network initially developed in the early 20th century to power street lamps and households. Today, town gas remains a key energy source for cooking and heating, but it emits approximately 0.65 kilograms of CO2e per kilowatt-hour of heat produced. Any climate plan that was complete and worth the name would spell out replacement of town gas with electrification and how the strategic shut-down of the gas network would proceed. However, the plan is silent on both of those points.

All-in-all, the climate plan is littered with red flags. Then there’s Hong Kong’s Strategy of Hydrogen Development . It is typical for the genre, as far as I can tell.

The strategy is completely silent on the costs of hydrogen. It doesn’t even include the unbaked assertions of deeply cheap hydrogen, just the implicit assumption that Hong Kong will require gas, and hydrogen will supply it. I’ll interject my usual mini-lecture on strategy using this point. I lean on Richard Rumelt’s Good Strategy Bad Strategy and his kernel of good strategy. It requires a rigorous consensus on actual reality, not wishful thinking, at its core. Policies which will help the organization exploit reality for benefits or avoid the impacts of other aspects of reality are required. Action plans based on the policies must be in place. In the absence of reality, policies, and plans, it’s not a strategy, but perhaps an exercise in public relations or creative writing.

With absolutely zero costs in the document, Hong Kong’s ‘strategy’ on hydrogen fails the Rumelt test. The fundamental problem with hydrogen is that in any form, including unabated fossil hydrogen, it’s far more expensive to manufacture, distribute, and use than fossil gases it purports to replace, and it’s far more expensive than electrification full lifecycle. In many cases, it’s just more expensive for initial capital costs.

I’m going to stop calling the document a strategy. It’s a hydrogen marketing and climate action delay document. From now on, I’ll refer to it as the hydrogen marketing document.

Do you think I’m being too harsh, perhaps? The intent is to use unabated fossil-derived gray hydrogen initially and ‘eventually’ switch to low-carbon hydrogen, so there will be negative climate value in the short run and much higher costs than alternatives in the long run. This isn’t even a green hydrogen plan, it’s just a document about the other fossil fuel.

The hydrogen marketing document considers the town gas system to be an asset instead of a liability, as it is in actuality. It includes regulatory efforts to approve pure hydrogen in town gas systems. To be clear, HK’s town gas is about 50% H2, then a bunch of methane, then a bunch of carbon dioxide and carbon monoxide. Crappy stuff, but HK appliances have been burning 50% hydrogen and the pipes have been carrying a mixture of 50% hydrogen for decades, so it’s more technically viable. Certainly gray hydrogen would improve indoor air quality, but that again isn’t a climate solution, especially not when even more leaking hydrogen with its 20-year warming potential — about 30 times higher than carbon dioxide — is factored in.

For some reality on the cost points, gray hydrogen delivered by pipeline in the best case is US$6-8 per kg. That’s the German industrial price. Industrial prices will be below residential and commercial prices for reasons of volumes and power, so $10 per kg is more likely. $10 per kg H2 would cost at best $0.65 per megajoule (MJ), the unit of heat they use to charge for town gas today. HK charges about $0.30 per MJ of town gas, so hydrogen would be more than double out of the gate.

Blue hydrogen would double it again in the best case to $1.30. Green hydrogen in the best case would be 4x the cost, so around $2.60 per MJ, about 9 times the cost to consumers. None of this is remotely hard to figure out, but obviously hydrogen proponents avoid this like the plague, hence the complete lack of cost workups in the hydrogen strategy.

Hydrogen buses and cars, both with targets in the hydrogen marketing document, are of course a dead end. They aren’t competitive with electric vehicles when filled with gray hydrogen and will become less so with low-carbon hydrogen. At present, you can’t buy a hydrogen bus of equivalent capability to an electric bus at all if the measure is drivetrain warranty and maintenance. While electric buses are coming with 5- and 8-year complete warranties including parts, hydrogen fuel cell buses are peaking out at 20 months.

And you can’t buy hydrogen vehicles for the price point you can now get equivalent performance battery-electric vehicles. Electric buses and cars are now cheaper to buy upfront, cheaper to maintain, and cheaper to power. There’s zero economic argument left for hydrogen for ground transportation that isn’t made up of silly putty dusted in lobbying dollars.

As a result, the new energy fund for hydrogen vehicles in the hydrogen marketing document will be wasted.

In my assessment, Hong Kong’s climate and hydrogen documents are mostly written by the gas utility to delay and distract from real climate action. It was clearly captured by the wrong stakeholders and won’t move the needle on climate action for the city.

But back to ReThink’s debate. What did the audience think? After all, a debate is supposed to move the audience in one direction or the other through reasoned arguments and well-honed rhetoric — hopefully more Socratic dialogue than sophistry. To that end, it’s common to poll audiences both before and after arguments are presented, to see if one side moved the needle.

Prior to the debate, 64% of the audience were opposed to the assertion “ The House Believes We Have a Credible Path to Achieving Carbon Neutrality by 2050. ” After the debate, 74% were opposed to it.

Hong Kong, you need to do better. I’d be happy to assist you to put together a real strategy for both climate action and hydrogen to replace the bad ones you have now. I’m sure many other people would be too, but you’ll have to treat TownGas as a hostile contributor and lobbyist, not a part of the solution.

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Michael barnard.

is a climate futurist, strategist and author. He spends his time projecting scenarios for decarbonization 40-80 years into the future. He assists multi-billion dollar investment funds and firms, executives, Boards and startups to pick wisely today. He is founder and Chief Strategist of TFIE Strategy Inc and a member of the Advisory Board of electric aviation startup FLIMAX. He hosts the Redefining Energy - Tech podcast (https://shorturl.at/tuEF5) , a part of the award-winning Redefining Energy team. Most recently he contributed to "Proven Climate Solutions: Leading Voices on How to Accelerate Change" (https://www.amazon.com/Proven-Climate-Solutions-Leading-Accelerate-ebook/dp/B0D2T8Z3MW) along with Mark Z. Jacobson, Mary D. Nichols, Dr. Robert W. Howarth and Dr. Audrey Lee among others.

Michael Barnard has 793 posts and counting. See all posts by Michael Barnard

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Hong Kong braces for 10 million border crossings during Golden Week

Immigration Department expects land routes to mainland China to be the busiest and advises travellers to plan ahead.

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Hong Kong is anticipating over 10 million border crossings during the National Day holiday, with land crossings to mainland China expected to be particularly congested. Authorities have advised travellers to plan ahead and avoid peak periods.

The Immigration Department said on Tuesday that about 10.03 million people, including residents and tourists, would pass through the city’s sea, land and air crossings from Saturday to October 7.

About 85 per cent of travellers are expected to use land crossings to Macau or neighbouring mainland cities.

Authorities said numbers were set to peak on National Day on October 1 – the start of the seven-day “golden week” break on the mainland – with about 523,000 outbound trips and 632,000 inbound.

“To avoid congestion and a longer than usual waiting time for immigration clearance, the [Immigration Department] advises all land boundary passengers to plan in advance, avoid making their journeys during busy periods and keep track of radio and TV broadcasts on traffic conditions at various control points,” a department spokeswoman said.

Non-Chinese Hong Kong permanent residents allowed travel permits to mainland

She said the department’s website and app would keep travellers up to date with expected busy periods and estimated waiting times.

The Lo Wu border crossing is likely to be among the busiest, with a forecast daily average of around 208,000 trips.

The Lok Ma Chau Spur Line and Shenzhen Bay crossings will also see significant crowds, with about 185,000 and 118,000 trips per day.

Extra frontline officers will be deployed to operate clearance counters and kiosks, as well as manage passenger flow.

The department also said it would stay in close contact with its mainland counterparts during the busy holiday period.

Hong Kong residents will have one day off for National Day on October 1.

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