Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 71

Registration of cautions

not yet in operation PART 10

CAUTIONS AND RESTRAINTS ON DISPOSITION

(1) A person who intends to effect a dealing in registered land, a
registered charge or a registered long term lease may present to the Registrar
an application for the registration of a consent caution in respect of the
dealing if he has obtained the consent of the relevant person specified in
subsection (2).

(2) For the purposes of subsection (1), the relevant person is—

   (a)  the owner of the registered land or registered charge, or the lessee
        of the registered long term lease, as the case may be; or

   (b)  the cautioner under a registered consent caution with whom any person
        intends to enter into a dealing in respect of an interest that the
        cautioner claims under that registered consent caution.

(3) Where an instrument which is a provisional agreement for sale and purchase
or an agreement for sale and purchase in respect of registered land or a
registered long term lease has been or will be presented for stamping or
endorsement under the Stamp Duty Ordinance ( Cap  117), then a consent caution
in respect of that dealing may be registered if the application for the
registration of the consent caution is accompanied by a statutory declaration
by the purchaser under the dealing to the effect that the instrument has been
or will be so presented.

(4) A person who—

   (a)  claims any interest, whether contractual or otherwise, in
        registered land or a registered charge, or a
        registered long term lease; or

   (b)  has presented a winding-up petition against the owner of
        registered land or a registered charge, or the lessee of a
        registered long  term lease, may present to the Registrar an
        application for the registration of a non-consent caution in respect
        of the claim or petition, as the case may be (and whether or not that
        person is the owner of that land or the lessee of that lease).

(5) The reference to interest in subsection (4)(a) shall include—

   (a)  in any case where proceedings are brought by virtue of section  147
        (3) of the Companies Ordinance ( Cap 32), a first charge under
        section  148 (1) of that Ordinance which may arise by virtue of those
        proceedings;

   (b)  in any case where a gift inter vivos of any property is made and
        estate duty would be payable by virtue of section 6(1)(c) of the
        Estate Duty Ordinance ( Cap 111), a first charge under section 18(1)
        of that Ordinance which may arise by virtue of the gift.

(6) A transfer by a natural person of registered land or a
registered long term lease by way of gift inter vivos shall not be registered
unless there is registered at the same time a non-consent  caution to the
effect that, in consequence of that transfer, the land or lease is or may
become subject to a first charge under section 18(1) of the
Estate Duty Ordinance ( Cap 111).

(7) Notwithstanding subsection (4), for the purposes of subsection

(6), an application for the registration of a transfer referred to in
subsection (6) shall be accompanied by an application for the registration of
a non-consent caution referred to in subsection (6) made by the same person
who makes the application for registration of the transfer.

(8) The Commissioner, within the meaning of the Estate Duty  Ordinance (
Cap 111), shall be entered in the Title Register as the cautioner in respect
of a non-consent caution referred to in subsection

(7) which has been registered, and the other provisions of this Ordinance

(including section 73) shall be construed accordingly.

(9) The Registrar may require the person presenting an application for the
registration of a consent caution or non-consent caution to support the
application by such evidence as the Registrar requires.

(10) Subject to subsections (11) and (12), the Registrar shall register a
consent caution or non-consent caution.

(11) The Registrar may refuse to register a consent caution or
non-consent caution the purpose of which he considers can be effected by an
entry in the Title Register other than an entry referring to the caution.

(12) An instrument providing for a floating charge, whether or not it
specifically identifies any registered land or registered long term  lease
charged, shall not be treated as providing for a matter registrable as a
consent caution or non-consent caution.

(13) A lis pendens shall be treated as providing for a matter registrable as a
non-consent caution.