Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 44

Division of land, etc.

not yet in operation

(1) Subject to subsections (2) and (3), the Registrar shall not accept an
application the registration of which will effect a division of
registered land unless, in respect of each of the parcels of land to result
from the division, the instrument accompanying the application and providing
for the division is accompanied by a land boundary plan—

   (a)  showing and delineating those parcels; and

   (b)  subject to subsection (4), signed and certified by an
        authorized land surveyor.

(2) Without prejudice to the generality of subsections (3) and (4)—

   (a)  subject to paragraph (b), it shall not be necessary for an instrument
        referred to in subsection (1) to be accompanied by a land 
        boundary plan referred to in subsection (1) where the division of
        registered land concerned is provided for by a will or judgment and
        that instrument is the grant of probate in respect of the will, or the
        judgment, as the case may be;

   (b)  it shall be necessary for an instrument accompanying an application
        presented for the registration of a dealing to effect the passing of
        title to any parcel of land resulting from that division to be
        accompanied by such a land boundary plan.

(3) It shall not be necessary for an instrument referred to in subsection (1)
or (2)(b) to be accompanied by a land boundary plan referred to in that
subsection if the instrument was executed before the commencement of
section 30 of the Land Survey Ordinance ( Cap 473).

(4) It shall not be necessary for a land boundary plan—

   (a)  accompanying an instrument referred to in subsection (1) or

(2)(b); and

   (b)  which has been prepared by the Government, to be signed and certified
        by an authorized land surveyor.