Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 72

Effect of cautions, etc.

not yet in operation

(1) Where a consent caution has been registered in respect of registered land,
a registered charge or a registered long term lease, the consent caution shall
not of itself prohibit the registration of matters in the Title Register
affecting the land, charge or lease.

(2) Where a non-consent caution has been registered in respect of
registered land, a registered charge or a registered long term lease, the
non-consent caution shall not of itself prohibit the making of entries in the
Title Register affecting the land, charge or lease.

(3) For the avoidance of doubt, it is hereby declared that the registration of
a consent caution shall not—

   (a)  of itself affect the validity or otherwise of the interest which is
        the subject of the consent caution; or

   (b)  without prejudice to the generality of paragraph (a), constitute a
        warranty, or a guarantee, as to the validity of the interest which is
        the subject of the consent caution.

(4) For the avoidance of doubt, it is hereby declared that the registration of
a non-consent caution shall not—

   (a)  of itself affect the validity or otherwise of the winding-up petition
        or claim which is the subject of the non-consent caution; or

   (b)  without prejudice to the generality of paragraph (a), constitute a
        warranty, or a guarantee, as to the validity of the winding-up
        petition or claim.