Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 2

Interpretation

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)