Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 31

Evidence

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.