LAND TITLES ORDINANCE - CHAPTER 585 LAND TITLES ORDINANCE - LONG TITLE Long title VerDate: not yet in operation An Ordinance to provide for a system of registration of title to land, and to provide for matters incidental thereto or connected therewith. [ ] (Originally 26 of 2004) LAND TITLES ORDINANCE - SECT 1 Short title and commencement VerDate: not yet in operation PART 1 PRELIMINARY (1) This Ordinance may be cited as the Land Titles Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Development by notice published in the Gazette. (Amended L.N. 130 of 2007) LAND TITLES ORDINANCE - SECT 2 Interpretation VerDate: not yet in operation (1) In this Ordinance, unless the context otherwise requires— "application" (申請), in relation to the registration of any matter, means an application in the specified form; "applications register" (申請註冊紀錄) means the applications register kept under section 5; "appointed day" (指定日期) means the day appointed under section 1(2) for the commencement of section 21; "authorized land surveyor" (認可土地測量師) has the meaning assigned to it by section 2 of the Land Survey Ordinance (Cap 473); "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— (a) a map, plan or drawing; (b) a disc, tape or other device in which data other than visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced from the disc, tape or other device; and (c) a film, tape or other device in which visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced from the film, tape or other device; "entry" (記項), in relation to the Title Register, means a note, notice or other entry in the Title Register; and "enter" and "entered" (記入) shall be construed accordingly; "fraud" (欺詐) includes dishonesty and forgery; "image record" (影像紀錄) means a record produced using the imaging method and, where the context permits, includes a record in a legible form; "imaging method" (影像處理方法) means a method by which documents in a legible form or in the form of microfilm are scanned by a scanner and the information recorded therein is converted into electronic images, which are then stored on electronic storage media capable of being retrieved and reproduced in a legible form; "inhibition" (制止令) means an order made under section 75(1); "instrument" (文書) includes— (a) a deed, conveyance, judgment, decree, order or other document which is— (i) required to support, or is capable of supporting, an application for registration; or (ii) specified in any other enactment as a document which shall or may support an application for registration under this Ordinance (or words to the like effect); and (b) a memorial which supports a current entry in the Title Register, but does not include a will except a will which is the subject of a memorial referred to in paragraph (b); "land" (土地) includes— (a) land covered by water; and (b) a thing attached to land or permanently fastened to a thing attached to land, but does not include an interest in or over land other than— (c) an undivided share in land; and (d) such an interest vested in a person by virtue of the operation of section 23, 25(1) or 26(1) of this Ordinance or section 4 or 7 of Schedule 1; "land boundary plan" (土地界線圖) has the meaning assigned to it by section 2 of the Land Survey Ordinance (Cap 473); "Land Registry" (土地註冊處) means the Land Registry of the Government of the Hong Kong Special Administrative Region which is administered by the Registrar; "Land Titles Indemnity Fund" (土地業權彌償基金) means the indemnity fund established pursuant to section 90; "lease" (租契) includes an agreement for a lease and a tenancy but does not include a Government lease; "lessee" (承租人) means— (a) in relation to a registered long term lease, the person named in the Title Register as the lessee of the lease; and (b) in relation to any other lease, the lessee of the lease; "liquidator" (清盤人) has the meaning assigned to it by section 2(1) of the Companies Ordinance (Cap 32); "lis pendens" (待決案件) means— (a) any action or proceeding pending in any court or tribunal that relates to land or any interest in or charge on land; or (b) a bankruptcy petition; "long term lease" (長期租契) means a lease— (a) granted by— (i) subject to subparagraph (ii), the owner of registered land; (ii) if the lease was granted before the land became registered land under this Ordinance, the owner of the land at the time of the grant, of the right to exclusive possession of the land for a term of not less than 21 years; (b) not at rack rent; and (c) in respect of which a premium has been paid, but does not include any lease the unexpired term of which is less than 21 years at the time it is registered; "lot" (地段) includes a section and subsection of a lot; "lot number" (地段編號) means— (a) in the case of a lot, the designation and number by which the lot is described in the Government lease under which it is held from the Government; and (b) in the case of a section or subsection of a lot, the designation and number by which the section or subsection, as the case may be, is described in the instrument by which it came into existence as such; "matter" (事項) means the subject of any application delivered for registration; "memorial" (註冊摘要) means a memorial registered under the Land Registration Ordinance (Cap 128); "mortgage" (按揭) means a security over land for securing money or money's worth; "non-consent caution" (非同意警告書) means a caution referred to in section 71(4), (6) and (13); "overriding interest" (凌駕性權益) means an interest referred to in section 28(1); "owner" (擁有人) means— (a) in relation to registered land, the person (including, in respect of registered land to which Part II of the New Territories Ordinance (Cap 97) applies, any clan, family or t'ong) named in the Title Register as— (i) the owner, lessee or holder (or words to the like effect) of a Government lease of the land; or (ii) the owner or holder (or words to the like effect) of an undivided share in the land; and (b) in relation to a registered charge, the person named in the Title Register as the person in whose favour the charge is made; "personal representative" (遺產代理人) means— (a) the executor of the will; or (b) the administrator of the estate, of the deceased owner of registered land or a registered charge, or the deceased lessee of a registered long term lease; "present" (呈遞) includes produce, deliver and lodge; "record" (紀錄) includes not only a written record but a record conveying information or instructions by any other means; "register" (註冊), when used as a verb, means to make, remove, alter or add to an entry in the Title Register, but does not include to make, remove, alter or add to an entry in the Title Register to the extent that the entry denotes, in the case of the presentation of an application for the registration of a matter, that registration is pending or withheld in respect of the matter; and "registered" (註冊), "unregistered" (未經註冊) and "registration" (註冊) shall be construed accordingly; "registered charge" (註冊押記) means a charge registered in respect of registered land or a registered long term lease under section 37; "registered land" (註冊土地) means— (a) land— (i) held under a Government lease; and (ii) the title to which is registered under section 21; and (b) land deemed to be registered land under section 2 of Schedule 1; "registered long term lease" (註冊長期租契) means— (a) a long term lease registered under section 49; and (b) a lease deemed to be a registered long term lease under section 5 of Schedule 1; "registered matter" (註冊事項) does not include any matter which has ceased to have any effect; "Registrar" (處長) means the Land Registrar; "regulations" (《規例》) means regulations made under this Ordinance; "remove" (刪除), in relation to an entry in the Title Register, includes to delete by any means which, in the opinion of the Registrar, is appropriate in respect of that entry; "restriction" (限制令) means an order made under section 78(1); "right" (權利) includes such ancillary rights as are necessary for effective enjoyment of the right; "search" (查冊) means a search under section 30(1); "Secretary" (局長) means the Secretary for Development; (Amended L.N. 130 of 2007) "solicitor" (律師) means a solicitor within the meaning of section 2(1) of the Legal Practitioners Ordinance (Cap 159); "specified" (指明), in relation to a form, means specified under section 99; "title certificate" (業權證明書) means a certificate issued under section 29(1); "Title Register" (業權註冊紀錄) means the Title Register kept under section 4; "transfer" (轉移) means the registration of a matter to effect the passing of the title to registered land, a registered charge or a registered long term lease from one person to another person otherwise than by operation of law, and includes the instrument providing for such passing; "transmission" (傳轉) means the passing of the title to registered land, a registered charge or a registered long term lease from one person to another person under an order of a court of competent jurisdiction, under an enactment or by operation of law; "trustee" (受託人) includes a personal representative; "unregistrable interest" (不可註冊權益) has the meaning assigned to it by section 1A(1) of the Land Registration Ordinance (Cap 128); "valuable consideration" (有值代價) means money or money's worth, but does not include a nominal consideration. (2) It is hereby declared that— (a) the title to land becomes registered under this Ordinance by virtue of an entry being made in the Title Register specifying a person as being the owner of that land, and references in this Ordinance to registered land shall be construed accordingly; and (b) any reference in any other enactment to "register in the Land Registry" or "registered in the Land Registry", or words to the like effect, shall be construed to mean register or registered under the Land Registration Ordinance (Cap 128) or this Ordinance, as the case may require. "application" (申請) "applications register" (申請註冊紀錄) "appointed day" (指定日期) "authorized land surveyor" (認可土地測量師) "charge" (押記) "chargee" (承押記人) "charging order" (押記令) "chargor" (押記人) "company" (公司) "consent caution" (同意警告書) "Court" (法庭) "current" (當時有效) "date of first registration" (首次註冊日期) "dealing" (交易) "disposition" (處置) "dispose", "disposal" and "disposed" (處置) "document" (文件) "entry" (記項) "enter" and "entered" (記入) "fraud" (欺詐) "image record" (影像紀錄) "imaging method" (影像處理方法) "inhibition" (制止令) "instrument" (文書) "land" (土地) "land boundary plan" (土地界線圖) "Land Registry" (土地註冊處) "Land Titles Indemnity Fund" (土地業權彌償基金) "lease" (租契) "lessee" (承租人) "liquidator" (清盤人) "lis pendens" (待決案件) "long term lease" (長期租契) "lot" (地段) "lot number" (地段編號) "matter" (事項) "memorial" (註冊摘要) "mortgage" (按揭) "non-consent caution" (非同意警告書) "overriding interest" (凌駕性權益) "owner" (擁有人) "personal representative" (遺產代理人) "present" (呈遞) "record" (紀錄) "register" (註冊) "registered" (註冊), "unregistered" (未經註冊) "registration" (註冊) "registered charge" (註冊押記) "registered land" (註冊土地) "registered long term lease" (註冊長期租契) "registered matter" (註冊事項) "Registrar" (處長) "regulations" (《規例》) "remove" (刪除) "restriction" (限制令) "right" (權利) "search" (查冊) "Secretary" (局長) "solicitor" (律師) "specified" (指明) "title certificate" (業權證明書) "Title Register" (業權註冊紀錄) "transfer" (轉移) "transmission" (傳轉) "trustee" (受託人) "unregistrable interest" (不可註冊權益) "valuable consideration" (有值代價) LAND TITLES ORDINANCE - SECT 3 Application VerDate: not yet in operation (1) Subject to Part 4 and Schedule 1, this Ordinance applies to land held under a Government lease. (2) Where land is vested in a person under the provisions of any other enactment and there is any conflict or inconsistency between the provisions of this Ordinance and the provisions of that enactment in relation to that land, then the provisions of that enactment shall, in relation to that land and to the extent of that conflict or inconsistency, as the case may be, prevail over the provisions of this Ordinance. (3) Where an instrument supporting an application for registration of a transfer under this Ordinance is void under the provisions of any other enactment governing the validity of a transfer, then the provisions of that enactment shall, in relation to the land to which the transfer relates, prevail over the provisions of this Ordinance. (4) Where— (a) any provisions of any other enactment purport to provide that any legal or equitable interest in land or in a charge shall not be created, extinguished, transferred, varied or affected (or words to the like effect) except by an instrument (howsoever described) referred to in those provisions; and (b) by virtue of the provisions of this Ordinance, such interest may only be created, extinguished, transferred, varied or affected, as the case may be, by the registration under this Ordinance of an application providing therefor, then— (c) without prejudice to any other ground on which the instrument may be void or voidable and notwithstanding any law, that instrument shall not be void or voidable on the ground that it does not, of itself, create, extinguish, transfer, vary or affect, as the case may be, such interest; (d) the provisions referred to in paragraphs (a) and (b) shall be construed to require that instrument to accompany that application; and (e) any reference to the instrument in— (i) any other provisions of that enactment; (ii) any provisions of any other enactment; or (iii) any other provisions of this Ordinance, shall, without prejudice to the operation of section 2A of the Stamp Duty Ordinance (Cap 117), be construed to take account of the operation of this subsection. LAND TITLES ORDINANCE - SECT 4 The Title Register VerDate: not yet in operation PART 2 ORGANIZATION AND ADMINISTRATION (1) The Registrar shall keep in the Land Registry a register to be known as the Title Register. (2) There shall be entered in the Title Register such matters as are or may be required to be entered therein under this Ordinance or any other enactment including, but not limited to— (a) particulars of the land the title to which is registered under this Ordinance, including— (i) its title number (which may include letters or alphanumeric symbols or characters); (ii) the lot number of the land; (iii) the undivided shares, if any, in the land; (iv) the location or address, if any, of the land; (v) the date of commencement of the term of the Government lease and its expiry date; (vi) the name of the owner or owners of the land; and (vii) the capacity in which the owner or owners hold the land, whether as sole owner, tenants in common, joint tenants, trustee or otherwise; (b) particulars of each long term lease registered under this Ordinance, including— (i) its title number (which may include letters or alphanumeric symbols or characters); (ii) the lot number of the land; (iii) the undivided shares, if any, in the land; (iv) the location or address, if any, of the land; (v) the term of the lease; (vi) the name of the lessee or lessees of the lease; and (vii) the capacity in which the lessee or lessees hold the lease, whether as sole lessee, tenants in common, joint tenants, trustee or otherwise; (c) particulars of each charge registered under this Ordinance, including— (i) its application number (which may include letters or alphanumeric symbols or characters); and (ii) the name of the chargor; (d) particulars of all instruments which support a current entry in the Title Register; (e) the date of registration of each of the instruments referred to in paragraph (d); (f) particulars of any pending application for the registration of any matter under this Ordinance; and (g) such other matters as the Registrar is of the opinion should be contained in the Title Register. LAND TITLES ORDINANCE - SECT 5 Applications register VerDate: not yet in operation (1) The Registrar shall keep in the Land Registry a register to be known as the applications register, which shall contain a record of all pending applications for the registration of any matter under this Ordinance. (2) The applications register shall contain such particulars as are required by the regulations to be contained therein. LAND TITLES ORDINANCE - SECT 6 Supporting documents VerDate: not yet in operation (1) The Registrar shall keep in the Land Registry, or make and keep in the Land Registry a microfilm, image record or other record (including an image record of a microfilm) of, the following documents— (a) any memorial which supports a current entry in the Title Register; (b) the documents, if any, accompanying a memorial referred to in paragraph (a); (c) any application for the registration of a matter where— (i) the matter has been registered; and (ii) the application supports a current entry in the Title Register; (d) the documents, if any, accompanying an application referred to in paragraph (c). (2) Where a microfilm, image record or other record of a document is made under subsection (1), the Registrar may— (a) destroy or otherwise dispose of the document from which the record was made; or (b) return that document to the person by whom, or on whose behalf, it was delivered to the Land Registry. (3) Where a microfilm, image record or other record is made of a document under subsection (1), the microfilm, image record or other record, as the case may be, shall be treated for all purposes as the original document. LAND TITLES ORDINANCE - SECT 7 Form of registers VerDate: not yet in operation The Title Register and the applications register may be kept in such form as the Registrar considers appropriate, including in a form other than a documentary form. LAND TITLES ORDINANCE - SECT 8 Functions and powers of Registrar VerDate: not yet in operation (1) The Registrar shall— (a) be responsible for the general administration of this Ordinance; (b) subject to the regulations, be responsible for the general management and administration of the Land Titles Indemnity Fund; (c) supervise compliance with the provisions of this Ordinance; and (d) perform such other functions and exercise such other powers as are imposed or conferred on him under this Ordinance or any other enactment. (2) The Registrar may do all such things as are necessary for, or incidental or conducive to, the better performance of his functions and exercise of his powers, and in particular but without prejudice to the generality of the foregoing, may— (a) require a person to present to him any document relating to registered land or a registered long term lease; (b) require a person to appear before him and give any information or explanation in respect of— (i) any matter relating to registered land or a registered long term lease; or (ii) any document relating to registered land or a registered long term lease; (c) require a person to verify, on oath or by statutory declaration, any proceedings, information or explanation affecting registration and, for that purpose, administer the oath or take the declaration; (d) refuse to proceed with the registration of a matter if— (i) any document, or any information or explanation, required to be presented or given is withheld; (ii) any act required to be performed under this Ordinance is not performed; (iii) without prejudice to the generality of subparagraph (ii), any fee payable in respect of the registration (including any additional fee payable under section 33) has not been paid; or (iv) the provisions of this Ordinance or of any other enactment relating to the registration of the matter have not been complied with; (e) where he is of the view that a matter is not registrable, refuse to register the matter; and (f) subject to subsection (3), order that the costs, charges and expenses incurred by him or another person in connection with an inquiry, investigation or hearing held by the Registrar for the purposes of this Ordinance shall be borne and paid by such persons and in such proportions as the Registrar thinks fit. (3) The Registrar shall not make an order under subsection (2)(f) except after giving the persons to be affected by the order, and such other interested persons as the Registrar thinks fit, an opportunity of being heard. LAND TITLES ORDINANCE - SECT 9 Registrar may apply to Court for directions VerDate: not yet in operation If any question of law arises in respect of the performance or exercise of any functions or powers imposed or conferred on the Registrar by or under this Ordinance, the Registrar may apply to the Court for directions. LAND TITLES ORDINANCE - SECT 10 Delegation of functions and powers VerDate: not yet in operation (1) Subject to subsection (2), the Registrar may, with or without restrictions as he thinks fit, delegate in writing any of his functions or powers under this Ordinance to any public officer. (2) The Registrar shall not delegate any of his functions and powers under— (a) subsection (1); (b) any provisions of this Ordinance specified in Schedule 2; and (c) any provisions of any regulations made under this Ordinance which are specified in the regulations as provisions which shall not be subject to subsection (1). (3) A delegate of the Registrar— (a) shall perform the delegated functions and may exercise the delegated powers as if the delegate were the Registrar himself; and (b) shall be presumed to be acting in accordance with the terms of the delegation in the absence of evidence to the contrary. LAND TITLES ORDINANCE - SECT 11 Immunity VerDate: not yet in operation (1) No person to whom this subsection applies, acting in good faith, shall be personally liable in damages for any act done or default made in the performance or purported performance of any function, or the exercise or purported exercise of any power, under this Ordinance. (2) The Government shall not be liable in damages for either— (a) any act or default referred to in subsection (1); or (b) any other act done or default made— (i) by a person, to whom that subsection applies, not acting in good faith; and (ii) in the performance or purported performance of any function, or the exercise or purported exercise of any power, under this Ordinance, unless that act or default gives rise to an indemnity under Part 12 and, in any such case, the liability shall not exceed the amount of the indemnity provided under that Part in respect of that act or default. (3) The persons to whom subsection (1) applies are— (a) the Registrar (including a delegate of the Registrar under section 10); and (b) any public officer assisting the Registrar (or any such delegate) in the performance or purported performance of any function, or the exercise or purported exercise of any power, under this Ordinance. LAND TITLES ORDINANCE - SECT 12 Seal of Land Registry VerDate: not yet in operation (1) The Land Registry shall have a seal of office having inscribed in the margin of the seal— (a) the words "Land Registrar, Hong Kong Special Administrative Region" in the English language and“香港特別行政區土地註冊處處長”in the Chinese language; or (b) such other words as the Registrar may from time to time specify by notice published in the Gazette. (2) For the purposes of any proceedings, whether under this Ordinance or otherwise, an instrument— (a) purporting to bear the imprint of the seal referred to in subsection (1); and (b) purporting to be signed and issued by a person referred to in section 11(3), shall be received in evidence in those proceedings upon its production without further proof and, in the absence of evidence to the contrary, it shall be presumed— (c) where the instrument purports to be so signed, that the signature is that of the person referred to in that section; and (d) where the instrument purports to be so issued, that it was issued by or under the direction of the Registrar. LAND TITLES ORDINANCE - SECT 13 Matters capable of being registered VerDate: not yet in operation PART 3 REGISTRATION PROCEDURES AND CONNECTED MATTERS No matter shall be capable of being registered in the Title Register unless— (a) the registration of the matter is expressly provided for in this Ordinance or any other enactment (by whatever words used); (b) where paragraph (a) is not applicable, the matter is a dealing in registered land, a registered charge or a registered long term lease; (c) where neither paragraph (a) nor (b) is applicable, the matter is an order of any court or tribunal— (i) affecting registered land, a registered charge or a registered long term lease; and (ii) issued or made for the purpose of enforcing a judgment; and (d) in any other case, the matter affects registered land, a registered charge or a registered long term lease and the Registrar permits it to be registered. LAND TITLES ORDINANCE - SECT 14 Applications for registration VerDate: not yet in operation (1) Except as otherwise expressly provided in this Ordinance, no matter shall be registered in the Title Register unless the matter is the subject of an application presented to the Registrar for the registration of that matter, and this requirement applies— (a) whether or not any express reference is made in this Ordinance to that matter; or (b) if an express reference is made in this Ordinance to the registration of that matter, whether or not that reference is accompanied by an express reference to such an application. (2) Each application for the registration of any matter shall be verified in such manner as is required by the regulations. LAND TITLES ORDINANCE - SECT 15 Manner of registration VerDate: not yet in operation (1) Except as otherwise expressly provided in this Ordinance, the registration of any matter in the Title Register shall be effected by the Registrar in the following manner— (a) by making, or adding to, an entry in the Title Register; (b) by removing or altering an entry in the Title Register; or (c) by any combination of the acts mentioned in paragraphs (a) and (b). (2) The registration of a matter in the Title Register is effected when that matter is registered by virtue of the making, the addition to, or the removal or alteration of, an entry in the Title Register which refers to that matter, the application for registration of that matter or any document accompanying that application, or any combination thereof, and references in this Ordinance to the registration of any matter (howsoever expressed) shall be construed accordingly. LAND TITLES ORDINANCE - SECT 16 Entry in Title Register constitutes notice to all persons VerDate: not yet in operation All persons are deemed to have notice of every entry in the Title Register. LAND TITLES ORDINANCE - SECT 17 Removal of obsolete entries VerDate: not yet in operation The Registrar may remove any entry in the Title Register which has ceased to have any effect. LAND TITLES ORDINANCE - SECT 18 Boundaries VerDate: not yet in operation (1) For the purposes of this Ordinance, a plan referred to in the Title Register, or a plan or microfilm, image record or other record of a plan kept in the Land Registry under section 6, shall be treated as only indicating— (a) the approximate situation; and (b) the approximate boundaries, of the registered land to which the plan relates. (2) For the avoidance of doubt, it is hereby declared that the fact that a plan is referred to in the Title Register, or the fact that a plan or microfilm, image record or other record of a plan is kept in the Land Registry under section 6, shall not constitute a warranty, or a guarantee, as to the accuracy of the plan. LAND TITLES ORDINANCE - SECT 19 Combinations and divisions VerDate: not yet in operation (1) Where the Registrar is presented with an application from the owner of contiguous parcels of registered land for the combination of that land, the Registrar may effect the combination by making the appropriate entries in the Title Register to create a single title for the combined parcels of registered land. (2) Where any new building is or is to be situated on any land consisting of 2 or more lots (and whether or not the owner or owners of the respective lots is or are the same person or persons), then the Registrar shall, in the circumstances prescribed by the regulations, refuse to proceed with the registration of any matter relating to an undivided share with an exclusive right to use and occupy a part of the building unless and until an application for the combination of those lots has been registered. (3) Subject to section 44, where the Registrar is presented with an application from the owner of registered land for the division of the land, the Registrar may, if he considers it expedient to do so, effect the division by making the appropriate entries in the Title Register to create a single title for each parcel of land into which the registered land is to be divided. (4) Subject to section 44, where the Registrar is presented with an application for the division of registered land by a person who— (a) is to be the purchaser of one or more of the parcels of land to result from the division; and (b) has the consent of the owner of the land to make the application, the Registrar may, if he considers it expedient to do so, effect the division upon the registration of that application, by making the appropriate entries in the Title Register to create a single title for each parcel of land into which the registered land is to be divided. (5) In this section, "new building" (新建築物) means a building in respect of which— (a) an occupation permit may be issued under section 21 of the Buildings Ordinance (Cap 123) on or after the appointed day; (b) a temporary occupation permit may be issued under section 21 of the Buildings Ordinance (Cap 123) on or after the appointed day in respect of the whole or any part of the building; (c) a certificate of exemption has been issued under the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121) before the appointed day but the building has not been completed before that day; or (d) a certificate of exemption under the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121) may be issued on or after the appointed day. (6) For the avoidance of doubt, it is hereby declared that— (a) subsection (1) shall not of itself operate to authorize the amalgamation or unification of Government leases of contiguous parcels of registered land which have been combined under that subsection; and (b) this section shall not authorize anything to be done which would be inconsistent with the other provisions of this Ordinance or of any other enactment. "new building" (新建築物) LAND TITLES ORDINANCE - SECT 20 Interpretation of Part 4 VerDate: not yet in operation PART 4 REGISTRATION OF TITLE TO LAND AND CONNECTED MATTERS In this Part— "LRO land" (《土註條例》土地) has the meaning assigned to it by section 1 of Schedule 1; "new land" (新土地) means land granted under a Government lease or an agreement for a Government lease on or after the appointed day but does not include— (a) land granted under a short term tenancy; or (b) land which was the subject of a Government lease or agreement for a Government lease in effect immediately before the appointed day and which is the subject of an instrument executed on or after the appointed day whereby— (i) the term of the Government lease or agreement for a Government lease has been extended; (ii) the area of the land has been extended; or (iii) the provisions of the Government lease or agreement for a Government lease have otherwise been varied; "short term tenancy" (短期租約) means a lease expressed to be granted for a term of not more than 7 years; and in calculating that period for the purpose of this definition there shall be excluded any extension or renewal of the lease that has occurred, or may occur, by virtue of the exercise of any right. "LRO land" (《土註條例》土地) "new land" (新土地) "short term tenancy" (短期租約) LAND TITLES ORDINANCE - SECT 21 Registration of title to new land VerDate: not yet in operation On the presentation of an application by the Director of Lands, the Registrar shall register the title to new land by— (a) making an entry in the Title Register to the effect that the Government lessee is the owner of the land; and (b) entering such other particulars in the Title Register relating to the land as the Registrar considers appropriate. LAND TITLES ORDINANCE - SECT 22 Date of first registration of new land VerDate: not yet in operation The date of first registration of new land to which the title is registered under section 21 shall be the day on which the Registrar makes the entries in the Title Register referred to in that section. LAND TITLES ORDINANCE - SECT 23 Effect of first registration of new land VerDate: not yet in operation On the date of first registration of new land, the registration of any person as the owner of the land shall vest in that person the same legal estate or equitable interest and rights as would be vested in that person if the land were transferred to him and he was registered as the owner of land under section 25. LAND TITLES ORDINANCE - SECT 24 Registration of LRO land VerDate: not yet in operation LRO land shall become registered land as provided in Schedule 1. LAND TITLES ORDINANCE - SECT 25 Effect of registration of transfer of land VerDate: not yet in operation PART 5 EFFECT OF REGISTRATION AND CONNECTED MATTERS (1) Subject to sections 27 and 82, the registration of a person as the owner upon a transfer of land shall vest in the person who is registered as the owner of the land the legal estate or equitable interest and rights described in subsection (2), free from all other interests and claims except as specified in subsection (3). (2) (a) Where paragraph (a)(i) of the definition of "owner" in section 2(1) is applicable and the land is held under a Government lease or an agreement for a Government lease in respect of which a Government lease is deemed to have been issued under section 14 of the Conveyancing and Property Ordinance (Cap 219), there shall vest in the person who is registered as the owner— (i) the legal estate in the land held under the Government lease or the agreement for the Government lease (but excluding any case where the person does not hold the full unexpired term of the lease of the land); and (ii) all rights attaching to the land which may be exercised by virtue of that legal estate. (b) Where paragraph (a)(i) of the definition of "owner" in section 2(1) is applicable and the land is held under an agreement for a Government lease in respect of which any condition precedent has not been complied with or has not been deemed to have been complied with under section 14 of the Conveyancing and Property Ordinance (Cap 219), there shall vest in the person who is registered as the owner— (i) the equitable interest in the land held under that agreement (but excluding any case where the person does not hold the full unexpired term of the agreement for lease); and (ii) all rights attaching to the land which may be exercised by virtue of that equitable interest. (c) Where paragraph (a)(ii) of the definition of "owner" in section 2(1) is applicable and the land is held under a Government lease or an agreement for a Government lease in respect of which a Government lease is deemed to have been issued under section 14 of the Conveyancing and Property Ordinance (Cap 219), there shall vest in the person who is registered as the owner— (i) the legal estate of the undivided share in the land (but excluding any case where the person does not hold the full unexpired term of the lease of the land); and (ii) all rights attaching to the land which may be exercised by virtue of that legal estate. (d) Where paragraph (a)(ii) of the definition of "owner" in section 2(1) is applicable and the land is held under an agreement for a Government lease in respect of which any condition precedent has not been complied with or has not been deemed to have been complied with under section 14 of the Conveyancing and Property Ordinance (Cap 219), there shall vest in the person who is registered as the owner— (i) the equitable interest of the undivided share in the land (but excluding any case where the person does not hold the full unexpired term of the lease of the land); and (ii) all rights attaching to the land which may be exercised by virtue of that equitable interest. (3) The person who is registered as the owner shall hold his legal estate or equitable interest and rights subject to— (a) any covenants, exceptions, reservations, stipulations, provisos or declarations contained in the Government lease or the agreement for a Government lease of the land; (b) any registered matter affecting the land; and (c) any overriding interest affecting the land. (4) Nothing in this section shall relieve the owner of registered land from a duty to which he is subject as trustee. LAND TITLES ORDINANCE - SECT 26 Effect of registration of long term lease VerDate: not yet in operation (1) Subject to subsections (2) and (3) and sections 27 and 82, immediately upon registration of a person as the lessee of a registered long term lease, there shall vest in the person, free from all other interests and claims— (a) the interest in the lease; and (b) all rights attaching to the land which may be exercised by virtue of that interest. (2) The person who is registered as the lessee shall hold his interest and rights subject to— (a) any covenants, exceptions, reservations, stipulations, provisos or declarations contained in the Government lease of the land or the long term lease; (b) any registered matter affecting the land; and (c) any overriding interest affecting the land. (3) Nothing in this section shall relieve the lessee of a registered long term lease from a duty to which he is subject as trustee. LAND TITLES ORDINANCE - SECT 27 Voluntary transfer VerDate: not yet in operation (1) Subject to subsection (2), the provisions of this Ordinance shall operate in relation to the owner of registered land or a registered charge, or the lessee of a registered long term lease, who has acquired the land, charge or lease by transfer without valuable consideration as if the transfer had been for valuable consideration. (2) The owner of registered land or a registered charge, or the lessee of a registered long term lease, referred to in subsection (1) shall hold the land, charge or lease subject to— (a) the provisions of the Bankruptcy Ordinance (Cap 6); (b) Part V of the Companies Ordinance (Cap 32); (c) section 33(9) of the Buildings Ordinance (Cap 123); and (d) any unregistered interests (including any matter referred to in section 4(2) or 7(2) of Schedule 1) subject to which the immediately preceding transferor held the land, charge or lease. (3) Subsection (2) shall not operate to limit, restrict, or qualify the operation of any other provisions of this Ordinance. LAND TITLES ORDINANCE - SECT 28 Overriding interests VerDate: not yet in operation (1) All registered land shall be subject to such of the following interests as affect the land notwithstanding that the interests are not the subject of an entry in the Title Register— (a) if Part II of the New Territories Ordinance (Cap 97) applies to the land, any Chinese custom or customary right affecting the land; (b) any public rights; (c) any— (i) easements provided for in any instrument within the meaning of the Land Registration Regulations (Cap 128 sub. leg. A) in respect of which a memorial within the meaning of those Regulations has been either registered, or accepted for registration, under the Land Registration Ordinance (Cap 128); (ii) rights of way; (iii) rights of water; or (iv) covenants which run with the land, existing on the date of first registration of the land; (d) any easements or rights (whether existing before, on or after the appointed day) which are implied by law on the disposition or transmission of the land and which are not expressly granted or reserved in any instrument; (e) any easements of necessity (whether existing before, on or after the appointed day); (f) any rights (whether of the Government or any other person) under the Government lease under which the land is held; (g) any rights, under an enactment,— (i) of resumption, closure, entry, search, inspection, investigation, user, repair, alteration, removal, demolition, marking, naming or planning of buildings or development, redevelopment or reinstatement of land; (ii) to extinguish rights or to create easements or other rights; (iii) relating to costs, standards or specifications of any building, street or engineering works; or (iv) affecting land or any interest in land, and any notices, orders and certificates relating to any such rights; (h) any first charge under section 18(1) of the Estate Duty Ordinance (Cap 111), but only if— (i) the instrument which gave rise to the charge was registered under the Land Registration Ordinance (Cap 128) before the date of first registration of the land; (ii) not more than 3 years have elapsed since the date of that instrument; and (iii) the charge has not been registered under section 18(2) of the Estate Duty Ordinance (Cap 111); (i) any first charge under section 67 of the Stamp Duty Ordinance (Cap 117); (j) any lease— (i) for a term not exceeding 3 years (but excluding any option to renew or extend the term of the lease); (ii) at the best rent which can reasonably be obtained without a premium; and (iii) where the lessee is to take possession forthwith under the lease; (k) any rights acquired, or in the course of being acquired, in the land where, by virtue of the Limitation Ordinance (Cap 347), the title of the registered owner has been extinguished or will after the expiry of the appropriate period be extinguished; (l) any rights under an enactment for the erection, construction or laying of (and including the use of)— (i) electricity supply lines; (ii) telephone lines or poles; (iii) telegraph lines or poles; (iv) pipelines (including sewage tunnels); (v) aqueducts; (vi) canals; (vii) wires; (viii) dams; or (ix) telecommunications facilities. (2) Subject to subsections (3) and (5), the Registrar may, as he thinks fit, register an overriding interest. (3) The Registrar shall, on application presented to him by the relevant authority established or referred to in an enactment referred to in subsection (1)(g), register a notice, order or certificate referred to in that subsection. (4) The Court may order— (a) the registration of an overriding interest in such manner as it thinks fit and specified in the order; or (b) the removal or alteration of an entry in the Title Register referring to an overriding interest. (5) The Registrar shall give effect to an order made under subsection (4) in accordance with the provisions of the order. (6) The Registrar may, on— (a) application presented to him by a person— (i) affected by an overriding interest which has been registered; or (ii) who, in the opinion of the Registrar, is otherwise concerned with the interest; and (b) proof to his satisfaction that the interest has, for whatever reason, ceased to affect the registered land concerned, remove the entry in the Title Register referring to that interest. LAND TITLES ORDINANCE - SECT 29 Title certificates VerDate: not yet in operation PART 6 CERTIFICATES, SEARCHES AND EVIDENCE (1) The Registrar may, on application presented to him by the owner of registered land or the lessee of a registered long term lease, issue to the owner or lessee a certificate in the specified form showing, or referring to, all current entries in the Title Register affecting the land or lease. (2) Where only part of the registered land or interest in the registered long term lease which is the subject of a title certificate is dealt with in a transfer or transmission— (a) the title certificate shall accompany the application for registration of the transfer or transmission; and (b) the Registrar shall cancel that title certificate upon the registration of the application. (3) A title certificate shall be admissible as evidence of the matters contained in the certificate as on the date of its issue. (4) Notwithstanding what is shown, or referred to, in a title certificate, the Title Register shall be conclusive evidence of the title to the registered land and interest in the registered long term lease and the other matters shown on the Title Register. (5) Except in the circumstances permitted under the regulations, if a title certificate has been issued for registered land or a registered long term lease, a transfer or transmission shall not be registered in respect of the land or lease unless the certificate is returned for cancellation. (6) After the Registrar has issued a title certificate for registered land or a registered long term lease, he— (a) shall make a note in the Title Register that the certificate has been issued; and (b) subject to subsection (7), shall not issue another title certificate in respect of the land or lease unless the first certificate is cancelled. (7) A new title certificate may be issued, in accordance with the regulations, in place of a title certificate which has been lost or destroyed or which for any other reason needs to be replaced. (8) For the avoidance of doubt, it is hereby declared that a title certificate is subject to— (a) any overriding interest; and (b) any subsequent entry in the Title Register, affecting the registered land or the registered long term lease to which the certificate relates. LAND TITLES ORDINANCE - SECT 30 Searches VerDate: not yet in operation (1) Subject to subsection (2), a person may— (a) on the presentation to the Registrar of an application for a search or inspection; and (b) in accordance with the regulations, have made available any thing required under section 4, 5 or 6 to be kept in the Land Registry. (2) Subsection (1) shall not operate to entitle a person to— (a) have made available any thing referred to in section 4, 5 or 6 in a manner not expressly permitted under the regulations (or, where more than one manner is so permitted, in any one such manner as the Registrar decides); (b) have made available, in respect of the application concerned, any document for the purposes of, or as a result of, the search to which the application relates other than any such document expressly permitted to be so made available under the regulations. LAND TITLES ORDINANCE - SECT 31 Evidence VerDate: not yet in operation (1) Notwithstanding any other enactment, a document purporting to be a copy, print or extract— (a) of or from— (i) the Title Register (including any part thereof); (ii) the applications register (including any part thereof); (iii) any document, or any microfilm, image record or other record of a document, kept in the Land Registry under section 6 (including any part thereof); (iv) any specified form (including any part thereof); (v) any other document (including any part thereof)— (A) which is filed or deposited in the Land Registry under the provisions of this Ordinance or any other enactment; or (B) which otherwise belongs to the Land Registry; or (vi) any endorsement on the Title Register, the applications register or any document, record or form referred to in subparagraph (iii), (iv) or (v); and (b) bearing a certificate, with the signature or the printed signature of the Registrar, or of any other person authorized by him in that behalf, certifying that the document is a true copy, print or extract, shall, subject to the Stamp Duty Ordinance (Cap 117), and to the same extent as the original of the document, be admissible in evidence in any proceedings before any court on its production without further proof and, in the absence of evidence to the contrary, the court shall presume that— (c) the signature or the printed signature and certification to the document is that of the Registrar or a person authorized by him in that behalf; and (d) the document is a true and correct copy, print or extract. (2) No solicitor, trustee or other person in a fiduciary position shall be liable in damages for any loss occasioned by the inaccuracy of a document first-mentioned in subsection (1). (3) Subject to subsection (4), no process for compelling the production of any thing referred to in subsection (1)(a) shall be issued from any court— (a) except with the leave of the court; and (b) unless the process has a statement on it to the effect that it is issued with the leave of the court. (4) A court shall not grant leave for a process referred to in subsection (3) to be issued if it is satisfied that a document first-mentioned in subsection (1) is sufficient for the purposes of the process. (5) Nothing in this section shall prejudice the admissibility of any evidence which would be admissible apart from the provisions of this section. LAND TITLES ORDINANCE - SECT 32 Dispositions and instruments VerDate: not yet in operation PART 7 DISPOSITIONS AND CONNECTED MATTERS (1) Subject to subsection (2), no disposition of registered land or a registered long term lease or any interest in or over registered land or a registered long term lease shall be effectual to create, extinguish, transfer, vary or affect the land or lease or any interest in or over the land or lease unless and until the disposition is registered under this Ordinance. (2) Nothing in this section shall be construed as preventing an interest in or over registered land or a registered long term lease which is not registered under this Ordinance from taking effect in equity if the interest is— (a) capable of registration under this Ordinance; or (b) protected by an entry in the Title Register. (3) Subsection (2) shall not operate to limit, restrict, or qualify the operation of any other provisions of this Ordinance. (4) The death of a person by or on behalf of whom an instrument has been executed shall not of itself affect the validity of the instrument where— (a) the death occurred after the instrument was executed; and (b) the instrument was valid at the time it was executed, and, accordingly, the instrument may be presented to the Registrar for registration as if the death had not occurred. LAND TITLES ORDINANCE - SECT 33 Additional fee for delayed registration VerDate: not yet in operation (1) Subject to subsections (2) and (3), where an application for the registration of any dealing is presented to the Registrar for registration later than 3 months after the date of the instrument supporting the application, then, in addition to the prescribed fee payable in respect of the application, an additional fee equal to that prescribed fee shall be payable for each month or part of a month which has elapsed since the date of that instrument. (2) No additional fee payable under subsection (1) in respect of the registration of a dealing shall exceed 10 times the prescribed fee that would have been payable in respect of the application which relates to the dealing if that dealing had been registered on the date of the instrument supporting the application. (3) The Registrar may remit, either in whole or in part, any additional fee payable under subsection (1) where to do so is in his opinion just and equitable in all the circumstances of the case. LAND TITLES ORDINANCE - SECT 34 Power to compel registration VerDate: not yet in operation (1) Where the Registrar is satisfied that a person, without reasonable excuse, has failed to present to the Registrar an application for the registration of a dealing, the Registrar may, by notice in writing served on the person, require that person to present the application to the Registrar not later than 30 days after the notice is so served. (2) Where an application in relation to which a notice has been issued under subsection (1)— (a) is presented to the Registrar on a date on or before the expiration of 30 days after the service of the notice— (i) the prescribed fee payable in respect of the application; and (ii) any additional fee payable under section 33 in respect of the application, shall become due and payable on that date; (b) is not presented to the Registrar on a date on or before the expiration of 30 days after the service of the notice— (i) the prescribed fee payable in respect of the application; and (ii) any additional fee payable under section 33 in respect of the application, shall become due and payable on the day immediately following the expiration of those 30 days. LAND TITLES ORDINANCE - SECT 35 Priority of registered matters VerDate: not yet in operation (1) Subject to subsections (3), (4), (5) and (6) and section 9 of Schedule 1, matters appearing in the Title Register shall have priority according to the order in which the applications which led to their registration were presented to the Registrar, irrespective of the dates of the applications (including the dates of the instruments, if any, supporting the applications) and notwithstanding that the actual entry in the Title Register may be delayed. (2) Where a first charge under the provisions of any enactment is not an overriding interest, then, in so far as the charge relates to land, and notwithstanding those provisions or the fact that the term "first charge" is used therein, that charge shall have priority as determined in accordance with subsection (1). (3) Any first charges arising under section 67(2) of the Stamp Duty Ordinance (Cap 117) shall have priority according to the order in which the instruments to which they respectively relate were registered under the Land Registration Ordinance (Cap 128), irrespective of the order in which any such charges are registered under this Ordinance and notwithstanding the operation of section 67(4) of the Stamp Duty Ordinance (Cap 117). (4) It is hereby declared that where— (a) a consent caution ("first consent caution") referred to in section 71(3) has been registered in respect of a dealing; (b) the provisional agreement for sale and purchase or agreement for sale and purchase to which the first consent caution relates is stamped or endorsed under the Stamp Duty Ordinance (Cap 117); and (c) another consent caution ("second consent caution"), accompanied by that stamped or endorsed provisional agreement for sale and purchase or agreement for sale and purchase, as the case may be, is registered in respect of that dealing not later than 30 days after the registration of the first consent caution, then the second consent caution shall enjoy the same priority as the first consent caution, as if it had been registered on the same date as the first consent caution. (5) If a consent caution is registered in relation to an interest under a provisional agreement for sale and purchase or an agreement for sale and purchase, then, upon the registration of the dealing to which the consent caution relates, the priority of all matters registered after that consent caution is registered shall be postponed as against that dealing. (6) A charging order or non-consent caution which is duly registered shall have priority from the commencement of the day following the date of its registration. LAND TITLES ORDINANCE - SECT 36 Charging orders and lis pendens, etc. VerDate: not yet in operation (1) Subject to subsections (2), (3) and (4)— (a) the registration of a charging order shall cease to have effect immediately upon the expiration of 5 years from the date of registration of the order but the order may be re-registered from time to time and, if so re-registered, the re-registration of the order shall have effect for another 5 years from the date of re-registration; and (b) if the re-registration of a charging order is made before the expiration of a current period of registration or re-registration of the order, then the order shall retain its original priority. (2) The operation of subsection (1) in respect of a charging order shall be subject to any express stipulation to the contrary contained in the order except any such stipulation which purports to provide that the registration of the order shall have effect for a period longer than 5 years from the date of registration. (3) The variation of a registered charging order shall be effected by the registration of an order of a court of competent jurisdiction providing for the variation. (4) The discharge of a registered charging order shall be effected by the removal of the entry in the Title Register referring to the order consequent upon the presentation to the Registrar of an order of a court of competent jurisdiction providing for the discharge. (5) Without prejudice to the generality of any other provisions of this Ordinance under which the registration of a judgment, order or lis pendens may be removed or withdrawn, subsections (1) and (2) shall, with all necessary modifications, apply to a judgment, order or lis pendens as they apply to a charging order. (6) A charging order, judgment or order shall be registered in the manner prescribed by the regulations. LAND TITLES ORDINANCE - SECT 37 Form and effect of charges VerDate: not yet in operation (1) A charge on registered land or a registered long term lease shall be effected by— (a) its registration as an incumbrance; and (b) the registration of the person in whose favour it is made as its owner. (2) Where, in relation to a registered charge which is a charge to which Part III of the Companies Ordinance (Cap 32) applies, there is any conflict or inconsistency between the provisions of this Ordinance and the provisions of that Part, then the provisions of that Part (including that Part as read with any other provisions of the Companies Ordinance (Cap 32) to which it is subject) shall, to the extent of the conflict or inconsistency, as the case may be, prevail over the provisions of this Ordinance. (3) For the avoidance of doubt, it is hereby declared that— (a) a registered charge shall not operate as a transfer of the registered land or the registered long term lease which is subject to the charge but shall have effect as a security only; and (b) where the registered charge is a mortgage effected by a legal charge within the meaning of section 2 of the Conveyancing and Property Ordinance (Cap 219), the registration of the charge under this Ordinance shall not affect the operation of section 44(2) of that Ordinance. LAND TITLES ORDINANCE - SECT 38 Second or subsequent charges VerDate: not yet in operation The owner of registered land, or the lessee of a registered long term lease, which is subject to a registered charge may effect a second or subsequent registered charge in the same manner as a first registered charge and— (a) subject to paragraph (b), for that purpose the provisions of this Ordinance which apply to a first registered charge shall apply to a second or subsequent registered charge in the same manner as those provisions apply to a first registered charge; and (b) any power of sale expressed or implied in a second or subsequent registered charge shall be subject to all prior registered charges which have not been discharged. LAND TITLES ORDINANCE - SECT 39 Charge on registered charge VerDate: not yet in operation The owner of a registered charge may effect a charge on any interest he has in the registered charge and any charge so effected may be registered as an incumbrance specifying the person in whose favour it is made as the owner. LAND TITLES ORDINANCE - SECT 40 Discharge or partial discharge of registered charge VerDate: not yet in operation A discharge or partial discharge of a registered charge shall be effected by— (a) in the case of a discharge, the removal of the entry in the Title Register referring to the charge; (b) in the case of a partial discharge, the alteration of the entry in the Title Register referring to the charge or its removal or substitution by a new entry, as the case may require. LAND TITLES ORDINANCE - SECT 41 Satisfaction of registered charge VerDate: not yet in operation On proof to the satisfaction of the Registrar— (a) that all money or money's worth due under a registered charge has been paid to the chargee or by his direction; (b) that there has been fulfilment of all the conditions to which a registered charge relates; (c) that part of money or money's worth due under a registered charge has been paid to the chargee or by his direction; or (d) that there has been fulfilment of some of the conditions to which a registered charge relates, the Registrar shall— (e) in the case of paragraph (a) or (b), remove the entry in the Title Register referring to the charge; (f) in the case of paragraph (c) or (d), alter the entry in the Title Register referring to the charge or remove the entry or substitute a new entry, as the case may require. LAND TITLES ORDINANCE - SECT 42 Floating charge VerDate: not yet in operation (1) Subject to subsection (3), an instrument providing for a floating charge, whether or not it specifically identifies any registered land or registered long term lease charged, shall not be registrable as a charge. (2) An instrument providing for a floating charge becomes— (a) an instrument providing for a fixed charge on the registered land or the registered long term lease intended to be affected; and (b) registrable as a charge on that land or lease, upon crystallization of that charge as evidenced by a certificate signed by or on behalf of the chargee. (3) An instrument providing for a fixed charge and a floating charge shall be registrable as a charge on the registered land or the registered long term lease which is subject to the fixed charge. LAND TITLES ORDINANCE - SECT 43 Transfer VerDate: not yet in operation (1) A transfer of registered land, a registered charge or a registered long term lease shall be effected by the registration of the transferee as— (a) the owner of the registered land; (b) the owner of the registered charge; or (c) the lessee of the registered long term lease, as the case may be. (2) The transferee of a registered charge may require the chargor to execute the transfer for the purpose of acknowledging the amount due under the charge at the date of execution of the transfer, and the chargor shall comply with that requirement accordingly. LAND TITLES ORDINANCE - SECT 44 Division of land, etc. VerDate: not yet in operation (1) Subject to subsections (2) and (3), the Registrar shall not accept an application the registration of which will effect a division of registered land unless, in respect of each of the parcels of land to result from the division, the instrument accompanying the application and providing for the division is accompanied by a land boundary plan— (a) showing and delineating those parcels; and (b) subject to subsection (4), signed and certified by an authorized land surveyor. (2) Without prejudice to the generality of subsections (3) and (4)— (a) subject to paragraph (b), it shall not be necessary for an instrument referred to in subsection (1) to be accompanied by a land boundary plan referred to in subsection (1) where the division of registered land concerned is provided for by a will or judgment and that instrument is the grant of probate in respect of the will, or the judgment, as the case may be; (b) it shall be necessary for an instrument accompanying an application presented for the registration of a dealing to effect the passing of title to any parcel of land resulting from that division to be accompanied by such a land boundary plan. (3) It shall not be necessary for an instrument referred to in subsection (1) or (2)(b) to be accompanied by a land boundary plan referred to in that subsection if the instrument was executed before the commencement of section 30 of the Land Survey Ordinance (Cap 473). (4) It shall not be necessary for a land boundary plan— (a) accompanying an instrument referred to in subsection (1) or (2)(b); and (b) which has been prepared by the Government, to be signed and certified by an authorized land surveyor. LAND TITLES ORDINANCE - SECT 45 Implied covenants for title VerDate: not yet in operation (1) For the avoidance of doubt, it is hereby declared that— (a) the provisions of this Ordinance shall not prejudice the operation of section 35 of the Conveyancing and Property Ordinance (Cap 219); and (b) no reference to a covenant implied under that section shall be entered in the Title Register. (2) Where a covenant implied under section 35 of the Conveyancing and Property Ordinance (Cap 219) is to be excluded, varied or extended in a transfer of registered land or a registered charge, express reference shall be made to the covenant so excluded, varied or extended in the instrument supporting the transfer or registered charge. (3) Where a transfer or charge is supported by an instrument mentioned in subsection (2), then the registration of the transfer or charge shall of itself effect the registration of the covenant implied under section 35 of the Conveyancing and Property Ordinance (Cap 219) as varied or extended by the transfer or charge. LAND TITLES ORDINANCE - SECT 46 Provisions as between vendor and purchaser VerDate: not yet in operation (1) On a sale of registered land or a registered long term lease to a purchaser— (a) the vendor shall, subject to any stipulation to the contrary, provide the purchaser with— (i) a copy of the current entries in the Title Register; (ii) a copy of any instrument referred to in any such entry; (iii) a copy of any plan referred to in any such entry or instrument; and (iv) such other documents as may be prescribed by the regulations, so far as any such entries, instrument, plan or documents respectively affect the land or lease (except registered incumbrances which are to be discharged at or prior to completion of the sale); (b) the vendor shall, subject to subsection (2) and to any stipulation to the contrary, at his own expense provide the purchaser with particulars of any overriding interests affecting the land or lease of which he has, or ought reasonably to have, knowledge; and (c) where the vendor is not the owner of the land or of a registered charge giving a power of sale over the land, or the lessee of the lease, he shall, at the request of the purchaser and at his own expense, and notwithstanding any stipulation to the contrary, procure— (i) the registration of himself as the owner of the land or charge or the lessee of the lease; or (ii) a disposition of the land, charge or lease from the owner to the purchaser. (2) Where, on the first transfer on or after the date of first registration of land, the vendor has, or ought reasonably to have, knowledge of an overriding interest which might affect the land— (a) the vendor shall, notwithstanding any stipulation to the contrary, and whether under subsection (1)(b) or otherwise, at his own expense provide the purchaser of the land with full particulars of the interest; and (b) the purchaser shall include the particulars provided to him under paragraph (a) in the application presented to the Registrar for the registration of the transfer. (3) Notwithstanding any stipulation to the contrary, on a sale of registered land or a registered long term lease, a purchaser shall only be entitled to require from the vendor the matters required to be provided by the vendor to the purchaser under this section. LAND TITLES ORDINANCE - SECT 47 Transfer subject to lease VerDate: not yet in operation A transfer of registered land or a registered long term lease which is subject to a lease shall be valid without the lessee of the last-mentioned lease acknowledging the transferee as lessor, but nothing in this section shall— (a) affect the validity of any payment of rents made by the lessee to the transferor; or (b) render the lessee liable, on account of his failure to pay rents to the transferee, for any breach of agreement to pay rents, before a notice of the transfer is given to the lessee by the transferor or transferee. LAND TITLES ORDINANCE - SECT 48 Leases other than long term leases VerDate: not yet in operation (1) The Registrar shall register— (a) the grant of a lease; (b) any transaction concerning a lease where the lessee's interest in the lease is or is to be affected by the transaction. (2) In this section, "lease" (租契) does not include— (a) a lease which is an overriding interest; (b) a lease of any land which is not registered land; or (c) a long term lease. "lease" (租契) LAND TITLES ORDINANCE - SECT 49 Long term leases VerDate: not yet in operation (1) An application for the registration of a long term lease shall be made by the first lessee of the long term lease granted by the owner of the registered land on or after the date of first registration of the land. (2) Where, on the grant of a long term lease by the owner of the registered land on or after the date of first registration of the land, the owner has, or ought reasonably to have, knowledge of an overriding interest which might affect the long term lease— (a) the owner shall, notwithstanding any stipulation to the contrary, at his own expense provide the first lessee of the long term lease with full particulars of the interest; and (b) the first lessee shall include the particulars provided to him under paragraph (a) in the application presented to the Registrar under subsection (1). (3) The Registrar may register a long term lease which is the subject of an application under subsection (1) if the Registrar is satisfied that the application complies with the provisions of this Ordinance applicable to it. (4) The Registrar shall register a long term lease which is the subject of an application under subsection (1) by— (a) making an entry in the Title Register specifying that the applicant is the lessee of the long term lease; and (b) entering such other particulars in the Title Register relating to the lease as the Registrar considers appropriate. (5) The date of first registration of a long term lease registered under this section shall be the date on which the application for registration of the lease was delivered to the Land Registry. LAND TITLES ORDINANCE - SECT 50 Termination of leases VerDate: not yet in operation Where a registered lease is terminated (whether by surrender, forfeiture, re-entry or otherwise), the Registrar shall remove the entry in the Title Register referring to the lease on the presentation of an application to the Registrar therefor together with— (a) the instrument, if any, providing for the termination; or (b) such other evidence as satisfies the Registrar that the lease has been terminated. LAND TITLES ORDINANCE - SECT 51 Easements VerDate: not yet in operation (1) An instrument creating, or evidencing the existence of, an easement shall specify— (a) the nature of the easement, the period for which it is granted and any conditions, limitations or restrictions intended to affect its enjoyment; (b) the registered land or the registered long term lease burdened by the easement and, if required by the Registrar, the particular part of the land so burdened; and (c) the registered land or the registered long term lease which enjoys the benefit of the easement and, if required by the Registrar, the particular part of the land so benefited. (2) The registration of an easement shall be effected by the entering in the Title Register of particulars of the instrument creating, or evidencing the existence of, the easement both in respect of the registered land or the registered long term lease burdened and the registered land or the registered long term lease benefited by the easement. LAND TITLES ORDINANCE - SECT 52 Covenants VerDate: not yet in operation (1) Where an instrument, other than a lease or charge, provides for a covenant (whether positive or restrictive in effect)— (a) which relates to registered land or a registered long term lease of the covenantor; (b) the burden of which is expressed or intended to run with the registered land or the registered long term lease of the covenantor; and (c) which is expressed and intended to benefit the registered land or the registered long term lease of the covenantee and his successors in title or persons deriving title to that land or lease under or through him or them, the registration of the covenant shall be effected by the entering in the Title Register of particulars of that instrument both in respect of the registered land or the registered long term lease burdened and the registered land or the registered long term lease benefited by the covenant. (2) Subject to section 28, an instrument providing for a covenant shall not affect registered land or a registered long term lease unless particulars of the instrument are entered in the Title Register. (3) In this section, "covenant" (契諾) does not include a deed of mutual covenant within the meaning of section 53. (4) For the avoidance of doubt, it is hereby declared that this section shall not prejudice the operation of section 45. "covenant" (契諾) LAND TITLES ORDINANCE - SECT 53 Deeds of mutual covenant VerDate: not yet in operation (1) The registration of a deed of mutual covenant shall be effected by— (a) its registration as an incumbrance; and (b) entering particulars of the deed in the Title Register. (2) The registration of any alteration or addition to a registered deed of mutual covenant shall be effected by— (a) adding to or altering the entry in the Title Register referring to the deed; or (b) removing that entry and substituting a new entry in relation to the deed. (3) On proof to the satisfaction of the Registrar that a registered deed of mutual covenant, including any registered alterations or additions, has been extinguished or otherwise terminated, the Registrar shall remove the entry in the Title Register referring to the deed. (4) The registration of a deed of mutual covenant under this section shall also effect the registration of any easement, right or covenant provided for in the deed which affects the registered land or registered long term lease concerned. (5) In this section— "deed of mutual covenant" (公契) includes a document which defines the rights, interests and obligations of owners among themselves; "owner" (業主) has the meaning assigned to it by section 2 of the Building Management Ordinance (Cap 344). (6) For the avoidance of doubt, it is hereby declared that, except to the extent provided by this Ordinance, nothing in this section shall prejudice the operation of sections 39, 40 and 41 of the Conveyancing and Property Ordinance (Cap 219). "deed of mutual covenant" (公契) "owner" (業主) LAND TITLES ORDINANCE - SECT 54 Release and extinguishment of registered easements and covenants VerDate: not yet in operation (1) On the registration of an executed release in respect of a registered easement or covenant— (a) the easement or covenant is thereupon extinguished; and (b) the Registrar shall remove the entry in the Title Register referring to that easement or covenant. (2) The Registrar shall, on— (a) application presented to him by a person affected by a registered easement or covenant; and (b) proof to his satisfaction that— (i) the period for which the easement or covenant was intended to exist has expired; (ii) the event upon which the easement or covenant was intended to determine has occurred; or (iii) the easement or covenant has otherwise ceased to have effect, remove the entry in the Title Register referring to that easement or covenant. LAND TITLES ORDINANCE - SECT 55 Modification or partial extinguishment of registered easements and covenants VerDate: not yet in operation The Registrar shall register an application for the modification or partial extinguishment of a registered easement or covenant where— (a) the application is accompanied by an instrument providing for the modification or partial extinguishment; and (b) the Registrar is satisfied that each owner of the registered land or each lessee of the registered long term lease burdened or benefited by the easement or covenant consents to the modification or partial extinguishment. LAND TITLES ORDINANCE - SECT 56 Saving of certain rights VerDate: not yet in operation Nothing in this Ordinance shall be construed as altering any rule of law which implies in the grant or reservation of an easement such ancillary rights as are necessary for effective enjoyment of the easement. LAND TITLES ORDINANCE - SECT 57 Registration of more than one owner VerDate: not yet in operation (1) An instrument providing for a transfer made in favour of 2 or more persons shall not be registered unless it shows, in respect of the registered land or the registered long term lease to which it relates— (a) whether the persons are joint tenants or tenants in common; and (b) where the persons are tenants in common, the share of each owner or lessee. (2) The entry made in the Title Register to effect the registration of an instrument referred to in subsection (1) shall show the particulars required to be shown in that instrument under paragraphs (a) and (b) of that subsection. LAND TITLES ORDINANCE - SECT 58 No interference with rights of succession, etc. VerDate: not yet in operation Nothing in this Ordinance shall be construed as affecting— (a) a right which the owner of registered land or a registered charge, or the lessee of a registered long term lease, has to make a will, under the law relating to testamentary disposition, disposing of the land, charge or lease on his death; (b) the law of intestate succession; (c) a right of succession to land under Part II of the New Territories Ordinance (Cap 97) (including that Part as read with section 12 of the New Territories Land (Exemption) Ordinance (Cap 452)); or (d) the operation of section 15 or 18 of the New Territories Ordinance (Cap 97). LAND TITLES ORDINANCE - SECT 59 Form of instruments VerDate: not yet in operation PART 8 INSTRUMENTS (1) A disposition of registered land, a registered charge or a registered long term lease, or the grant or reservation of an easement over registered land or a registered long term lease, may be made in any manner as could have been done prior to the date of first registration of the land or lease except where— (a) such a disposition, grant or reservation is required to be made by an instrument in the specified form and there is such a specified form; or (b) notwithstanding that such a disposition, grant or reservation is not required to be made by an instrument in the specified form, the Registrar has exercised his power under section 99 to specify the form of such an instrument. (2) An instrument, where applicable, shall contain a true statement of the amount or value of any purchase price or loan or other consideration. LAND TITLES ORDINANCE - SECT 60 Stamping VerDate: not yet in operation (1) Without prejudice to the operation of section 15(3) of the Stamp Duty Ordinance (Cap 117), no instrument required by law to be stamped shall be accepted for registration of any matter unless the instrument is stamped in accordance with the requirements of that Ordinance. (2) Subject to section 71(3) and without prejudice to the operation of section 15(3) of the Stamp Duty Ordinance (Cap 117), where an application for the registration of a consent caution, a non-consent caution, an inhibition or a restriction for the purpose of protecting an interest in registered land, a registered charge or a registered long term lease is supported by an instrument required by law to be stamped, the registration shall not be proceeded with unless the instrument is stamped in accordance with the requirements of the Stamp Duty Ordinance (Cap 117). LAND TITLES ORDINANCE - SECT 61 Minors VerDate: not yet in operation (1) Nothing in this section enables a minor who is the owner of registered land or a registered charge, or the lessee of a registered long term lease, to deal with the land, charge or lease or with an interest in the land, charge or lease. (2) Where a disposition by a minor of registered land, a registered charge or a registered long term lease has been registered and— (a) the person to whom the disposition is made acted in good faith and for valuable consideration; and (b) the fact that the minor was a minor was not disclosed to that person at any time before the registration of the disposition, that disposition shall not be set aside only on the ground that the disposition was made by a minor. (3) For the avoidance of doubt, it is hereby declared that where the owner of registered land or a registered charge, or the lessee of a registered long term lease, is a minor and that fact is disclosed to the Registrar in any application for registration made by him, then the name of that minor shall be entered in the Title Register with the addition after the minor's English name of the words "a minor" and with the addition after his Chinese name of the words "未成年人". LAND TITLES ORDINANCE - SECT 62 Transmission VerDate: not yet in operation PART 9 TRANSMISSIONS AND TRUSTS (1) Without prejudice to the operation of sections 63, 64, 65, 66, 67 and 68, where a person becomes entitled to registered land, a registered charge or a registered long term lease under an order of a court of competent jurisdiction, under an enactment or by operation of law (including in the capacity of trustee), the Registrar shall, on the presentation to him by the person of such evidence as the Registrar requires, register the person so entitled— (a) as the owner, or as the owner in the capacity of trustee, of the land or charge; or (b) as the lessee, or as the lessee in the capacity of trustee, of the lease, as the case may require. (2) The registration of a person under subsection (1) as the owner, or as the owner in the capacity of trustee, of registered land shall be treated as only confirming that the person has the same legal estate or equitable interest and rights as would have been vested in that person if the land had been transferred to him and he had been registered as the owner of the land under section 25. (3) The registration of a person under subsection (1) as the lessee, or as the lessee in the capacity of trustee, of a registered long term lease shall be treated as only confirming that the person has the same interest and rights as would have been vested in that person if he had been registered as the lessee of the lease under section 26. LAND TITLES ORDINANCE - SECT 63 Transmission on death of joint tenant VerDate: not yet in operation (1) Subject to subsection (2), where one of 2 or more joint tenants of registered land, a registered charge or a registered long term lease dies, the Registrar, on proof to his satisfaction of the death, shall remove the name of the deceased from the Title Register. (2) The Registrar shall not remove the name of a deceased from the Title Register under subsection (1) until he is satisfied that— (a) estate duty is not payable under the Estate Duty Ordinance (Cap 111) on the deceased's interest in registered land or the registered long term lease concerned; or (b) where such estate duty is payable on such interest— (i) the estate duty has been paid in accordance with the provisions of that Ordinance; or (ii) the payment of the estate duty has been secured to the satisfaction of the Commissioner under section 15 of the Estate Duty Ordinance (Cap 111). LAND TITLES ORDINANCE - SECT 64 Transmission on death of sole owner or tenant in common VerDate: not yet in operation (1) Where a sole owner or tenant in common of registered land or a registered charge dies, or a sole lessee of or one of 2 or more lessees holding as tenants in common of a registered long term lease dies, his personal representative shall, on the presentation to the Registrar of the grant concerned, be entitled to be registered as the owner of the land or charge, or as the lessee of the lease, in the place of the deceased, with the addition after the personal representative's English name of the words "as executor of the will of ............. deceased" or "as administrator of the estate of ............. deceased", as the case may be, and after the personal representative's Chinese name of the words "作為死者.......的遺囑執行人 " or "作為死者.......的遺產管理人", as the case may be. (2) Where a sole owner or tenant in common of registered land or a registered charge dies, or a sole lessee of or one of 2 or more lessees holding as tenants in common of a registered long term lease dies, the Registrar may, on the presentation to him of the grant concerned by the personal representative of the deceased owner or lessee, and without requiring the personal representative to be registered in accordance with subsection (1), register— (a) a transfer of the land, charge or lease by the personal representative; or (b) a discharge of the charge by the personal representative. (3) Where under section 17 of the New Territories Ordinance (Cap 97) as read with section 12 of the New Territories Land (Exemption) Ordinance (Cap 452) any registered land is vested in any person as a successor, that person shall, on the presentation to the Registrar of evidence which satisfies the Registrar that the land has so vested, be entitled to be registered as the owner of the land in place of the deceased person concerned. (4) In this section, "grant" (授予承辦證明) means— (a) the grant of the probate of the will; (b) the grant of letters of administration of the estate; or (c) evidence of the summary administration, under section 15 of the Probate and Administration Ordinance (Cap 10), of the estate, of the deceased owner of registered land or a registered charge, or the deceased lessee of a registered long term lease, and includes the resealing of the grant. "grant" (授予承辦證明) LAND TITLES ORDINANCE - SECT 65 Transmission on death of trustee VerDate: not yet in operation Where a trustee who in that capacity is registered as the owner of registered land or a registered charge dies, or where a trustee who in that capacity is registered as the trustee of a registered long term lease dies, his personal representative or any surviving or newly appointed trustee shall, on the presentation to the Registrar of such evidence as the Registrar requires, be entitled to be registered as the owner of the land or charge, or as the lessee of the lease, in the place of the deceased, with the addition after his English name of the words “as trustee” and with the addition after his Chinese name of the words“作為受託人”. LAND TITLES ORDINANCE - SECT 66 Effect of transmission on death and dealing by personal representative VerDate: not yet in operation A personal representative who in that capacity is registered as the owner of registered land or a registered charge, or as the lessee of a registered long term lease shall— (a) be subject to any interests to which the land, charge or lease is subject at the time of registration of the personal representative as the owner or lessee, as the case may be; and (b) without prejudice to paragraph (a), for the purposes of any dealing in the land, charge or lease, have— (i) unrestricted power of sale over the land, charge or lease; (ii) all the rights conferred under this Ordinance or any other enactment on the owner of registered land or a registered charge, or the lessee of a registered long term lease, as the case may be, who has acquired the land, charge or lease for valuable consideration. LAND TITLES ORDINANCE - SECT 67 Transmission on bankruptcy VerDate: not yet in operation (1) A trustee in bankruptcy shall, on the presentation to the Registrar of a sealed copy of the order of the Court— (a) adjudging the owner of registered land or a registered charge bankrupt, or the lessee of a registered long term lease bankrupt; or (b) directing that the estate of the deceased owner of registered land or a registered charge, or the deceased lessee of a registered long term lease shall be administered according to the law of bankruptcy, be entitled to be registered as the owner of the land or charge, or as the lessee of the lease, in the place of the bankrupt or deceased owner or lessee, with the addition after the English name of the trustee in bankruptcy of the words "as trustee of the property of ............. a bankrupt", and with the addition after the Chinese name of the trustee in bankruptcy of the words "作為破產人...........的財產的受託人". (2) A trustee in bankruptcy who in that capacity is registered as the owner of registered land or a registered charge, or as the lessee of a registered long term lease shall— (a) be subject to— (i) any restrictions (including any rights) provided for in the Bankruptcy Ordinance (Cap 6) or any other enactment; and (ii) any interests subject to which the bankrupt or deceased owner of the land or charge or lessee of the lease held the land, charge or lease immediately prior to his bankruptcy or death; (b) without prejudice to paragraph (a), for the purposes of any dealing in the land, charge or lease, have— (i) unrestricted power of sale over the land, charge or lease; (ii) all the rights conferred under this Ordinance or any other enactment on the owner of registered land or a registered charge, or the lessee of a registered long term lease, as the case may be, who has acquired the land, charge or lease for valuable consideration. LAND TITLES ORDINANCE - SECT 68 Transmission on liquidation VerDate: not yet in operation (1) Where a company is being wound up— (a) the liquidator of the company shall present to the Registrar the resolution or order under which he holds his appointment as liquidator; and (b) on the presentation of the resolution or order, the Registrar shall enter the appointment in the Title Register in respect of any registered land, registered charge or registered long term lease of which the company is the owner or lessee. (2) An instrument executed by or on behalf of a company being wound up presented to the Registrar for registration after the appointment of the liquidator of the company has been entered in the Title Register shall— (a) in the case of a company required by law to have a common seal, be sealed with the common seal of the company and attested by the liquidator; (b) in any other case, be signed by the liquidator. (3) Where an order has been made under section 198 of the Companies Ordinance (Cap 32) vesting in the liquidator of a company any registered land, registered charge or registered long term lease of which the company is the owner or lessee— (a) the liquidator shall present the order to the Registrar; and (b) on the presentation of the order, the Registrar shall register the liquidator as the owner or lessee, as the case may be, of the land, charge or lease. (4) Where under subsection (3) the liquidator of a company is registered as the owner of registered land or a registered charge, or as the lessee of a registered long term lease, the liquidator shall be subject to— (a) any restrictions (including any rights) provided for in the Companies Ordinance (Cap 32) or any other enactment; and (b) any interests subject to which the company held the land, charge or lease immediately prior to the order made under section 198 of the Companies Ordinance (Cap 32) by virtue of which the land, charge or lease was vested in the liquidator. LAND TITLES ORDINANCE - SECT 69 Trusts VerDate: not yet in operation (1) A person who, in the capacity of trustee (other than as a personal representative or trustee in bankruptcy)— (a) acquires registered land, a registered charge or a registered long term lease; (b) holds a registered charge; (c) holds a long term lease; or (d) becomes the lessee of a Government lease issued on or after the appointed day, may be described by that capacity in the relevant instrument, and, if so described, shall be registered with the addition of the words "as trustee" and“作為受託人”, but the Registrar shall not enter particulars of the trust concerned in the Title Register. (2) Where the owner of registered land or a registered charge, or the lessee of a registered long term lease, makes a declaration of trust in respect of the land, charge or lease, or otherwise comes to hold the land, charge or lease as a trustee (other than as a personal representative or trustee in bankruptcy), the Registrar shall, on the presentation of an application for the registration of a transfer of the land, charge or lease supported by the declaration or other instrument by virtue of which the owner comes to hold the land, charge or lease as a trustee, add the words "as trustee" after that person's English name and add the words“作為受託人”after that person's Chinese name in the Title Register concerned, but the Registrar shall not enter particulars of the trust concerned in the Title Register. (3) For the avoidance of doubt, it is hereby declared that subsections (1) and (2) shall not prevent the making of an entry of a consent caution, non-consent caution, inhibition or restriction in the Title Register by reason only of the fact that the entry contains particulars of a trust. (4) A person who, in the capacity of trustee, is registered under this section as the owner of registered land or a registered charge, or as the lessee of a registered long term lease— (a) shall be subject to any interests to which the land, charge or lease is subject at the time of registration of the person as the owner or lessee, as the case may be; and (b) without prejudice to paragraph (a), for the purposes of any dealing in the land, charge or lease, shall have all the rights conferred under this Ordinance or any other enactment on the owner of registered land or a registered charge, or the lessee of a registered long term lease, as the case may be, who has acquired the land, charge or lease for valuable consideration. (5) No breach of the terms of the trust to which the person, land, charge or lease referred to in subsection (4) is subject shall create any right or indemnity under this Ordinance. LAND TITLES ORDINANCE - SECT 70 Protection of person dealing with trustees VerDate: not yet in operation Where a person, in the capacity of trustee, is registered as the owner of registered land or a registered charge, or as the lessee of a registered long term lease, he shall, in dealing with the land, charge or lease, be deemed to be the owner of that land or charge or lessee of that lease, and no disposition that amounts to a breach of trust by the trustee to a bona fide purchaser for valuable consideration shall be defeasible by reason only of the fact of that breach. LAND TITLES ORDINANCE - SECT 71 Registration of cautions VerDate: not yet in operation PART 10 CAUTIONS AND RESTRAINTS ON DISPOSITION (1) A person who intends to effect a dealing in registered land, a registered charge or a registered long term lease may present to the Registrar an application for the registration of a consent caution in respect of the dealing if he has obtained the consent of the relevant person specified in subsection (2). (2) For the purposes of subsection (1), the relevant person is— (a) the owner of the registered land or registered charge, or the lessee of the registered long term lease, as the case may be; or (b) the cautioner under a registered consent caution with whom any person intends to enter into a dealing in respect of an interest that the cautioner claims under that registered consent caution. (3) Where an instrument which is a provisional agreement for sale and purchase or an agreement for sale and purchase in respect of registered land or a registered long term lease has been or will be presented for stamping or endorsement under the Stamp Duty Ordinance (Cap 117), then a consent caution in respect of that dealing may be registered if the application for the registration of the consent caution is accompanied by a statutory declaration by the purchaser under the dealing to the effect that the instrument has been or will be so presented. (4) A person who— (a) claims any interest, whether contractual or otherwise, in registered land or a registered charge, or a registered long term lease; or (b) has presented a winding-up petition against the owner of registered land or a registered charge, or the lessee of a registered long term lease, may present to the Registrar an application for the registration of a non-consent caution in respect of the claim or petition, as the case may be (and whether or not that person is the owner of that land or the lessee of that lease). (5) The reference to interest in subsection (4)(a) shall include— (a) in any case where proceedings are brought by virtue of section 147(3) of the Companies Ordinance (Cap 32), a first charge under section 148(1) of that Ordinance which may arise by virtue of those proceedings; (b) in any case where a gift inter vivos of any property is made and estate duty would be payable by virtue of section 6(1)(c) of the Estate Duty Ordinance (Cap 111), a first charge under section 18(1) of that Ordinance which may arise by virtue of the gift. (6) A transfer by a natural person of registered land or a registered long term lease by way of gift inter vivos shall not be registered unless there is registered at the same time a non-consent caution to the effect that, in consequence of that transfer, the land or lease is or may become subject to a first charge under section 18(1) of the Estate Duty Ordinance (Cap 111). (7) Notwithstanding subsection (4), for the purposes of subsection (6), an application for the registration of a transfer referred to in subsection (6) shall be accompanied by an application for the registration of a non-consent caution referred to in subsection (6) made by the same person who makes the application for registration of the transfer. (8) The Commissioner, within the meaning of the Estate Duty Ordinance (Cap 111), shall be entered in the Title Register as the cautioner in respect of a non-consent caution referred to in subsection (7) which has been registered, and the other provisions of this Ordinance (including section 73) shall be construed accordingly. (9) The Registrar may require the person presenting an application for the registration of a consent caution or non-consent caution to support the application by such evidence as the Registrar requires. (10) Subject to subsections (11) and (12), the Registrar shall register a consent caution or non-consent caution. (11) The Registrar may refuse to register a consent caution or non-consent caution the purpose of which he considers can be effected by an entry in the Title Register other than an entry referring to the caution. (12) An instrument providing for a floating charge, whether or not it specifically identifies any registered land or registered long term lease charged, shall not be treated as providing for a matter registrable as a consent caution or non-consent caution. (13) A lis pendens shall be treated as providing for a matter registrable as a non-consent caution. LAND TITLES ORDINANCE - SECT 72 Effect of cautions, etc. VerDate: not yet in operation (1) Where a consent caution has been registered in respect of registered land, a registered charge or a registered long term lease, the consent caution shall not of itself prohibit the registration of matters in the Title Register affecting the land, charge or lease. (2) Where a non-consent caution has been registered in respect of registered land, a registered charge or a registered long term lease, the non-consent caution shall not of itself prohibit the making of entries in the Title Register affecting the land, charge or lease. (3) For the avoidance of doubt, it is hereby declared that the registration of a consent caution shall not— (a) of itself affect the validity or otherwise of the interest which is the subject of the consent caution; or (b) without prejudice to the generality of paragraph (a), constitute a warranty, or a guarantee, as to the validity of the interest which is the subject of the consent caution. (4) For the avoidance of doubt, it is hereby declared that the registration of a non-consent caution shall not— (a) of itself affect the validity or otherwise of the winding-up petition or claim which is the subject of the non-consent caution; or (b) without prejudice to the generality of paragraph (a), constitute a warranty, or a guarantee, as to the validity of the winding-up petition or claim. LAND TITLES ORDINANCE - SECT 73 Withdrawal and removal of cautions VerDate: not yet in operation (1) A consent caution or non-consent caution may be withdrawn on the presentation to the Registrar by the cautioner of an application for the withdrawal of the caution. (2) A consent caution or non-consent caution may be removed on the presentation to the Registrar of an application for its removal— (a) in any case, by a person who has obtained an order of the Court for its removal; (b) in the case of a consent caution, by the owner of the registered land or the registered charge, or the lessee of the registered long term lease, affected by the caution, but only if the Registrar is satisfied that the cautioner has agreed to its removal; or (c) in the case of a non-consent caution, by the owner of the registered land or the registered charge, or the lessee of the registered long term lease, affected by the caution, but only if the Registrar— (i) is satisfied that the owner or lessee has provided a copy of the application to the cautioner not less than 14 days before the presentation of the application to the Registrar; and (ii) is satisfied— (A) that the caution was wrongfully registered; (B) that the ground on which the caution was registered no longer exists; or (C) that the cautioner consents to the removal of the caution. (3) Where the subject of a non-consent caution is a first charge under section 18(1) of the Estate Duty Ordinance (Cap 111), then the Registrar may be satisfied for the purposes of subsection (2)(c)(ii) if the application referred to in that subsection is accompanied by— (a) a statutory declaration made by the donor concerned, not less than 3 years after the date on which the gift concerned was made, that he is still alive; (b) a death certificate showing a date of death of the donor concerned which is a date not less than 3 years after the date on which the gift concerned was made; (c) any other evidence proving that the donor concerned is or was alive not less than 3 years after the date on which the gift concerned was made; or (d) papers proving that— (i) the estate duty (including any interest thereon) to which the charge relates has been paid; or (ii) no estate duty is required to be paid in respect of the land or lease to which the charge relates. (4) The Registrar may require the owner of registered land or a registered charge, or the lessee of a registered long term lease, presenting an application for the removal of a consent caution or non-consent caution under subsection (2)(b) or (c) to support the application by such evidence as the Registrar requires. (5) A person with an interest in registered land, a registered charge or a registered long term lease affected by a consent caution or non-consent caution may apply by originating summons to the Court for the removal of the caution, and the Court may make such order on the originating summons and as to costs as to the Court appears just. (6) On the withdrawal or removal of a consent caution or non-consent caution— (a) the Registrar shall remove the entry in the Title Register referring to the caution; and (b) any liability of the cautioner previously incurred under section 74 shall not be affected by the removal of that entry. (7) The Registrar shall give effect to an order made under subsection (2)(a) or (5) in accordance with the provisions of the order. LAND TITLES ORDINANCE - SECT 74 Wrongful cautions VerDate: not yet in operation (1) A person who applies to register a consent caution or non-consent caution without reasonable cause shall be liable, in an action for damages at the suit of— (a) the owner of the registered land or registered charge concerned; (b) the lessee of the registered long term lease concerned; or (c) any other person who has an interest in the land, charge or lease, to pay compensation to the owner, lessee or other person for any damage sustained thereby, in such amount as to the Court appears just. (2) A cautioner under a registered consent caution or non-consent caution who fails, without reasonable excuse, to apply to the Registrar for the withdrawal of the caution within a reasonable period of time after the ground on which it was registered ceases to exist, shall be liable, in an action for damages at the suit of a person referred to in subsection (1)(a), (b) or (c), to pay compensation to that person for any damage sustained thereby, in such amount as to the Court appears just. LAND TITLES ORDINANCE - SECT 75 Power of Court to inhibit dealings VerDate: not yet in operation (1) The Court may, if it appears to the Court that it is necessary or desirable to do so for the purpose of protecting an interest or claim in relation to registered land, a registered charge or a registered long term lease, make an order inhibiting the registration of any dealing in the land, charge or lease, on such terms and conditions as it thinks fit— (a) for a particular period; (b) until the occurrence of a particular event; or (c) generally until the making of a further order by the Court. (2) The person who has obtained an inhibition shall present to the Registrar an application for the registration of the inhibition, supported by a copy of the inhibition under seal of the Court, and on such presentation the Registrar shall register the inhibition. (3) An inhibition shall not affect registered land, a registered charge or a registered long term lease until the inhibition has been registered. LAND TITLES ORDINANCE - SECT 76 Effect of inhibitions VerDate: not yet in operation While an inhibition remains registered, no dealing which is inconsistent with it shall be registered. LAND TITLES ORDINANCE - SECT 77 Removal of inhibitions VerDate: not yet in operation The registration of an inhibition shall not be removed from the Title Register except on the presentation to the Registrar of an application for the removal of that registration on one or more of the following grounds— (a) on the expiration of the period limited by the inhibition; (b) on proof to the satisfaction of the Registrar of the occurrence of the event specified in the inhibition; (c) on the registered land or the registered charge affected by the inhibition being sold by a chargee, unless such sale is itself inhibited; or (d) by order of the Court. LAND TITLES ORDINANCE - SECT 78 Restrictions by Registrar VerDate: not yet in operation (1) The Registrar may, in respect of registered land, a registered charge or a registered long term lease, and— (a) after an application for an order under this section being presented to him by an interested person; (b) after— (i) directing such inquiries to be made and notices to be served as he thinks fit; and (ii) giving such persons as appear to the Registrar from the Title Register may be affected by the order an opportunity of being heard; and (c) after being satisfied that the powers of the owner of the registered land or the registered charge, or of the lessee of the registered long term lease, to deal in the land, charge or lease should be restricted to— (i) prevent invalidity or unlawfulness in relation to dealing in the land, charge or lease; or (ii) protect an interest or claim in relation to the land, charge or lease, make an order prohibiting— (d) all dealings in the land, charge or lease; (e) such dealings in the land, charge or lease as do not comply with conditions specified in the order. (2) A restriction may be expressed to endure— (a) for a particular period; (b) until the occurrence of a particular event; or (c) generally until the making of a further order by the Registrar. (3) The Registrar shall register an order made under subsection (1). (4) A restriction shall not affect registered land, a registered charge or a registered long term lease until the restriction has been registered. (5) In this section, "interested person" (利害關係人), in relation to registered land, a registered charge or a registered long term lease, means a person— (a) who is the owner of the land or charge or the lessee of the lease; (b) who is entitled to be registered as the owner of the land or charge or the lessee of the lease; or (c) who falls within a class of persons prescribed by the regulations for the purposes of this section. "interested person" (利害關係人), LAND TITLES ORDINANCE - SECT 79 Notice and effect of restrictions VerDate: not yet in operation (1) The Registrar shall, as soon as reasonably practicable, give notice in writing of a restriction to the owner of the registered land or the registered charge, or the lessee of the registered long term lease, affected by the restriction. (2) Subject to section 28(2), while a restriction remains registered, no dealing in the registered land, registered charge or registered long term lease concerned which is inconsistent with the restriction shall be registered except— (a) with the consent of the Registrar; or (b) by order of the Court. LAND TITLES ORDINANCE - SECT 80 Removal and variation of restrictions VerDate: not yet in operation (1) The Registrar may, in respect of a restriction— (a) on application for the removal or variation of the restriction presented to him by— (i) the owner of registered land or a registered charge, or the lessee of a registered long term lease, affected by the restriction; or (ii) any other interested person; and (b) after giving the persons affected by the restriction an opportunity of being heard, remove or alter the entry in the Title Register referring to the restriction. (2) The Court may, in respect of a restriction— (a) on application made to it by the owner of registered land or a registered charge, or the lessee of a registered long term lease, affected by the restriction or any other interested person; and (b) after notice of the application referred to in paragraph (a) has been given to the Registrar, order the restriction to be removed or varied, or make such other orders as to the Court appears just, and may make an order as to costs. (3) The Registrar shall give effect to an order made under subsection (2) in accordance with the provisions of the order. LAND TITLES ORDINANCE - SECT 81 Rectification by Registrar VerDate: not yet in operation PART 11 RECTIFICATION (1) The Registrar may rectify any error or omission in the Title Register— (a) on his own volition, if the rectification will not materially affect the interest of the owner of registered land or a registered charge, or the lessee of a registered long term lease; (b) on application presented to him by any person, if the applicant proves to the satisfaction of the Registrar that the error or omission is of a clerical nature only and that the rectification will not materially affect the interest of the owner of registered land or a registered charge, or the lessee of a registered long term lease; or (c) in any other case, with the consent of all persons interested. (2) The Registrar shall— (a) on application presented to him by a person stating that there has been a change in his name; and (b) on proof to his satisfaction of that change, make an entry in the Title Register to record the change if that person's former name is the subject of an entry in the Title Register. (3) Where— (a) pursuant to section 61(3), the name of a minor is entered in the Title Register as the owner of registered land or a registered charge, or as the lessee of a registered long term lease; and (b) the owner or lessee, as the case may be, attains full age, then the owner or lessee, as the case may be, may make an application to the Registrar to remove the words in the Title Register which describe him as a minor. (4) On receipt of an application under subsection (3), the Registrar shall, if he is satisfied that the owner or lessee concerned has attained full age, remove the words in the Title Register which describe him as a minor. LAND TITLES ORDINANCE - SECT 82 Rectification by Court VerDate: not yet in operation (1) Subject to subsections (2) and (3) and section 83, the Court may, on application by any person, order the rectification of the Title Register by directing that an entry therein relating to registered land or a registered long term lease be removed or altered, or that an entry relating to registered land or a registered long term lease which has been omitted from the Title Register be entered therein, if the Court is satisfied that the entry was obtained, made or omitted, as the case may be, by or as a result of— (a) the fraud, mistake or omission of any person; or (b) a void or voidable instrument. (2) No order may be made under subsection (1) so as to affect the title of a person who is the registered owner of registered land or the registered lessee of a registered long term lease, and who is in possession of the land and has acquired the land or lease for valuable consideration, unless the Court is satisfied— (a) that the name of such person was entered in the Title Register as the owner or lessee, as the case may be, by or directly as a result of the fraud, mistake or omission in question or the void or voidable instrument in question, as the case may be; and (b) that— (i) in the case of fraud, the person— (A) was a party to the fraud; (B) had knowledge of the fraud at the time his name was so entered in the Title Register; or (C) had, by his act or by lack of proper care, substantially contributed to the fraud; (ii) in the case of a mistake or omission, the person— (A) caused the mistake or omission; (B) had knowledge of the mistake or omission at the time his name was so entered in the Title Register; or (C) had, by his act or by lack of proper care, substantially contributed to the mistake or omission; or (iii) in the case of a void or voidable instrument, the person— (A) caused the instrument to be void or voidable, as the case may be; (B) had knowledge that the instrument was void or voidable, as the case may be, at the time his name was so entered in the Title Register; or (C) had, by his act or by lack of proper care, substantially contributed to making the instrument void or voidable, as the case may be. (3) Subject to section 83, on an application made under subsection (1) by a former registered owner of registered land or a former registered lessee of a registered long term lease to restore his title to the land or lease on the ground that he lost his title by or as a result of fraud, the Court shall order the rectification of the Title Register to so restore the title of the applicant (and irrespective of whoever is currently the registered owner or registered lessee of the land or lease concerned), if the Court is satisfied that— (a) the entry in the Title Register by or as result of which the applicant lost his title was procured, whether in whole or in part, by or as a result of— (i) a void instrument; or (ii) a false entry in the Title Register; (b) the applicant was not a party to the fraud; and (c) the applicant did not, by his act or by lack of proper care, substantially contribute to the fraud. (4) An order may be made under subsection (1) or (3) whether or not the entry in the Title Register in question was obtained, made or omitted, as the case may be, before, on or after the date of first registration of the registered land or registered long term lease concerned. (5) The Registrar shall give effect to an order made under subsection (1) or (3) in accordance with the provisions of the order. (6) This section is without prejudice to the operation of section 3(4)(c). (7) The Court may make such order as to the costs of proceedings under this section as to the Court appears just. (8) Any costs of proceedings awarded against the Registrar in any proceedings under this section shall be paid out of the Land Titles Indemnity Fund. (9) For the purpose of subsection (2), a person who is in receipt of rents or profits, or who has the right to receive rents or profits, in respect of the registered land or registered long term lease concerned shall be treated as being in possession of the land. LAND TITLES ORDINANCE - SECT 83 Time for bringing proceedings under section 82 VerDate: not yet in operation (1) Subject to subsection (2), no application for the rectification of the Title Register may be made under section 82 after the end of the period of 12 years from the date on which the entry in the Title Register in question was obtained, made or omitted, as the case may be. (2) The Limitation Ordinance (Cap 347) shall apply, with necessary modifications, to an application for the rectification of the Title Register under section 82. LAND TITLES ORDINANCE - SECT 84 Indemnity VerDate: not yet in operation PART 12 INDEMNITY (1) Subject to subsections (2) and (4)(b) and (c) and sections 85 and 87, a person suffering loss by reason of an entry in, or an entry omitted from, the Title Register, where such entry has been obtained, made or omitted, as the case may be, by or as the result of— (a) fraud— (i) on the part of any person; (ii) which affects the ownership of the registered land concerned or the registration of a person as the lessee of a registered long term lease; and (iii) to which an order under section 82(1) or (3) relates (and whether or not the order grants or refuses the relevant application for rectification); or (b) any mistake or omission on the part of any person referred to in section 11(3), shall be entitled to be indemnified by the Government in respect of that loss. (2) No indemnity shall be payable under subsection (1) to a person who— (a) has himself caused or substantially contributed to the loss by his fraud or negligence; or (b) derives title (otherwise than under a registered disposition made in good faith and for valuable consideration) from a person who so caused or substantially contributed to the loss. (3) In this section, "omission" (遺漏) does not include a failure to deliver an application for registration. (4) For the avoidance of doubt, it is hereby declared that— (a) nothing in this Ordinance shall affect the validity or otherwise of any claim made under section 23A of the Land Registration Ordinance (Cap 128) before the date of first registration of the registered land or registered long term lease concerned; (b) no indemnity shall be payable under subsection (1) in respect of any fraud, mistake or omission discovered (whether in proceedings before any court or otherwise)— (i) subject to subparagraph (ii), before the date of first registration of the registered land concerned and irrespective of whether any claim in respect thereof has been, or could have been, or could not have been, made under section 23A of the Land Registration Ordinance (Cap 128) before that date; or (ii) before the date of first registration of the registered long term lease concerned and irrespective of whether any claim in respect thereof has been, or could have been, or could not have been, made under section 23A of the Land Registration Ordinance (Cap 128) before that date; (c) no indemnity shall be payable under subsection (1) in respect of any fraud, mistake or omission— (i) subject to subparagraph (ii), which occurred before the date of first registration of the registered land concerned and is discovered (whether in proceedings before any court or otherwise) on or after that date; or (ii) which occurred before the date of first registration of the registered long term lease concerned and is discovered (whether in proceedings before any court or otherwise) on or after that date; (d) no indemnity shall be payable under subsection (1) in respect of any fraud, mistake or omission in relation to land which is not registered land (including any lease to which the land is subject), and whether or not the fraud, mistake or omission occurred before, on or after the appointed day. (5) Subject to subsections (2) and (4)(b) and (c) and sections 85 and 87, for the avoidance of doubt, it is hereby declared that where the Title Register is rectified under section 82(1) or (3), the registered owner of the land or the registered lessee of the long term lease who is deprived of the property in consequence of the rectification may make a claim for indemnity. "omission" (遺漏) LAND TITLES ORDINANCE - SECT 85 Amount of indemnity VerDate: not yet in operation (1) The amount of any indemnity payable under section 84(1) shall not exceed, in respect of each entry referred to in that section in respect of which an indemnity is payable— (a) in the