Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 28

Overriding interests

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.