Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 32

Dispositions and instruments

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.