Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 35

Priority of registered matters

not yet in operation

(1) Subject to subsections (3), (4), (5) and (6) and section 9 of Schedule 1,
matters appearing in the Title Register shall have priority according to the
order in which the applications which led to their registration were presented
to the Registrar, irrespective of the dates of the applications (including the
dates of the instruments, if any, supporting the applications) and
notwithstanding that the actual entry in the Title Register may be delayed.

(2) Where a first charge under the provisions of any enactment is not an
overriding interest, then, in so far as the charge relates to land,
and notwithstanding those provisions or the fact that the term "first charge"
is used therein, that charge shall have priority as determined in accordance
with subsection (1).

(3) Any first charges arising under section 67(2) of the Stamp Duty  Ordinance
( Cap 117) shall have priority according to the order in which the instruments
to which they respectively relate were registered under the
Land Registration Ordinance ( Cap 128), irrespective of the order in which any
such charges are registered under this Ordinance and notwithstanding the
operation of section 67(4) of the Stamp Duty Ordinance ( Cap 117).

(4) It is hereby declared that where—

        (a)	a consent caution ("first consent caution") referred to in 
section 71(3) has been registered in respect of a dealing;

   (b)  the provisional agreement for sale and purchase or agreement for sale
        and purchase to which the first consent caution relates is stamped or
        endorsed under the Stamp Duty Ordinance ( Cap 117); and

        (c)	another consent caution ("second consent caution"), accompanied 
by that stamped or endorsed provisional agreement for sale and purchase or
agreement for sale and purchase, as the case may be, is registered in respect
of that dealing not later than 30 days after the registration of the
first consent caution, then the second consent caution shall enjoy the same
priority as the first  consent caution, as if it had been registered on the
same date as the first consent caution.

(5) If a consent caution is registered in relation to an interest under a
provisional agreement for sale and purchase or an agreement for sale and
purchase, then, upon the registration of the dealing to which the
consent caution relates, the priority of all matters registered after that
consent caution is registered shall be postponed as against that dealing.

(6) A charging order or non-consent caution which is duly registered shall
have priority from the commencement of the day following the date of its
registration.