Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 3

Application

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.