| PROCEDURAL GUIDELINES OF THE SECONDARY MARKET SCHEME* |
Appendix |
(* These procedural guidelines
are extracted from the guidelines issued by the Housing Authority
to the Law Society and are reproduced here with the permission
of the Housing Authority. For details please consult the Housing
Authority.)
- Flat-owners who intend to dispose of
their flats are required to apply to Housing Authority for
a Certificate of Availability for Sale ("CA") after three
years (note 1) from the date of first assignment by Housing
Authority (in case of HOS flats) or by the developer (in
case of PSPS flats).
- Once the owners obtain the CA, they
can put the flats on sale in the Secondary Market. This
can be done through the estate agents or by private negotiation.
- Persons interested in purchasing the
flats in the Secondary Market are required to apply to Housing
Authority for a Certificate of Eligibility to Purchase ("CE").
Certain categories of persons are eligible to apply, namely,
the existing tenants of the public rental housing (PRH)
estate of the Housing Authority and Housing Society; residents
of the Temporary Housing Area, Interim Housing, and Cottage
Areas of the Housing Authority; and prospective PRH tenants
who are applicants for PRH and have passed all vetting procedures
and are ready for flat allocation. Prospective PRH tenants
include persons on the waiting list, persons affected by
clearance and natural disaster and junior civil servants.
The CE will be valid for six months from the date of its
issuance. The eligible purchasers are required to enter
into a Provisional Agreement for Sale and Purchase ("PASP")
within the validity period.
- The purchaser and the vendor either
through the estate agent or by private negotiation will
enter into a PASP which is in the prescribed form.
- Under the PASP, the Purchaser is required
to apply for a Letter of Nomination from the Housing Authority
at least 5 working days (or otherwise as the Housing Authority
shall specify) before the signing of the Formal Agreement
for Sale and Purchase ("ASP") but in any event no later
than one month from the date of signing of the PASP.
- The solicitors acting for the purchaser
is required to apply on behalf of the purchaser for a Letter
of Nomination from the Support Unit of the Housing Authority.
The solicitors are required to use a standard form of application
letter accompanied by the originals of the CE and CA, a
copy of the PASP, a Declaration signed by the purchaser
and witnessed by the solicitor and a cashier order/solicitors'
cheque for HK$700 (subject to revision by the Housing Authority)
being the application fee for the Letter of Nomination payable
to Hong Kong Housing Authority.
- Having checked the details, a Letter
of Nomination will be issued to the requesting solicitors
subject to the condition that the solicitors will undertake
to inform the Support Unit of the progress of the sale and
purchase, the date of signing of the ASP and the Assignment.
- The purchaser's solicitors are advised
to register the Letter of Nomination in the relevant Land
Registry.
- The vendor and the purchaser will sign
the ASP (also in the prescribed form) on a date agreed between
the parties. The solicitors acting for the parties should
advise the parties of the premium liability and for this
purpose should check the title documents carefully to identify
the relevant last assignment of the flat by the Housing
Authority or by the developer (as the case may be) and provide
in the ASP the appropriate Initial Market Value and the
Purchase Price as defined under paragraph 1 of the Schedule
to the Housing Ordinance for such calculation.
- Upon signing of the ASP, the solicitors
acting for the purchaser shall notify the Support Unit of
the Housing Authority of the date of the signing of the
ASP and the scheduled completion date.
- If there is any subsequent change of
the scheduled completion date or if the sale and purchase
falls through, the solicitors acting for the purchaser should
forthwith notify the Support Unit.
- Housing Authority has arranged with
a number of financial institutions which will provide mortgage
financing to the purchasers. Guarantee similar to the ones
presently adopted for HOS/PSPS will be provided by Housing
Authority to the financial institutions provided (inter
alia) that a standard mortgage form is used.
- Upon completion, the purchaser and
the vendor will execute an assignment which is also in the
prescribed from.
(Note 1: The period may
be revised in accordance with the time stipulated under the
Schedule to the Housing Ordinance.)
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