Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 36

Charging orders and lis pendens, etc.

not yet in operation

(1) Subject to subsections (2), (3) and (4)—

   (a)  the registration of a charging order shall cease to have effect
        immediately upon the expiration of 5 years from the date of
        registration of the order but the order may be re-registered from time
        to time and, if so re-registered, the re-registration of the order
        shall have effect for another 5 years from the date of
        re-registration; and

   (b)  if the re-registration of a charging order is made before the
        expiration of a current period of registration or re-registration of
        the order, then the order shall retain its original priority.

(2) The operation of subsection (1) in respect of a charging order shall be
subject to any express stipulation to the contrary contained in the order
except any such stipulation which purports to provide that the registration of
the order shall have effect for a period longer than 5 years from the date of
registration.

(3) The variation of a registered charging order shall be effected by the
registration of an order of a court of competent jurisdiction providing for
the variation.

(4) The discharge of a registered charging order shall be effected by the
removal of the entry in the Title Register referring to the order consequent
upon the presentation to the Registrar of an order of a court of competent
jurisdiction providing for the discharge.

(5) Without prejudice to the generality of any other provisions of this
Ordinance under which the registration of a judgment, order or lis  pendens
may be removed or withdrawn, subsections (1) and (2) shall, with all necessary
modifications, apply to a judgment, order or lis pendens as they apply to a
charging order.

(6) A charging order, judgment or order shall be registered in the manner
prescribed by the regulations.