Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 73

Withdrawal and removal of cautions

not yet in operation

(1) A consent caution or non-consent caution may be withdrawn on the
presentation to the Registrar by the cautioner of an application for the
withdrawal of the caution.

(2) A consent caution or non-consent caution may be removed on the
presentation to the Registrar of an application for its removal—

   (a)  in any case, by a person who has obtained an order of the Court for
        its removal;

   (b)  in the case of a consent caution, by the owner of the registered land
        or the registered charge, or the lessee of the registered 
        long term lease, affected by the caution, but only if the Registrar is
        satisfied that the cautioner has agreed to its removal; or

   (c)  in the case of a non-consent caution, by the owner of the
        registered land or the registered charge, or the lessee of the
        registered  long term lease, affected by the caution, but only if the
        Registrar—

        (i)    is satisfied that the owner or lessee has provided a copy of
               the application to the cautioner not less than 14 days before
               the presentation of the application to the Registrar; and

        (ii)   is satisfied— (A) that the caution was wrongfully registered;
               (B) that the ground on which the caution was registered no
               longer exists; or (C) that the cautioner consents to the
               removal of the caution.

(3) Where the subject of a non-consent caution is a first charge under
section 18(1) of the Estate Duty Ordinance ( Cap 111), then the Registrar may
be satisfied for the purposes of subsection (2)(c)(ii) if the application
referred to in that subsection is accompanied by—

   (a)  a statutory declaration made by the donor concerned, not less than 3
        years after the date on which the gift concerned was made, that he is
        still alive;

   (b)  a death certificate showing a date of death of the donor concerned
        which is a date not less than 3 years after the date on which the gift
        concerned was made;

   (c)  any other evidence proving that the donor concerned is or was alive
        not less than 3 years after the date on which the gift concerned was
        made; or

   (d)  papers proving that—

        (i)    the estate duty (including any interest thereon) to which the
               charge relates has been paid; or

        (ii)   no estate duty is required to be paid in respect of the land or
               lease to which the charge relates.

(4) The Registrar may require the owner of registered land or a
registered charge, or the lessee of a registered long term lease, presenting
an application for the removal of a consent caution or non-consent caution
under subsection (2)(b) or (c) to support the application by such evidence as
the Registrar requires.

(5) A person with an interest in registered land, a registered  charge or a
registered long term lease affected by a consent caution or
non-consent caution may apply by originating summons to the Court for the
removal of the caution, and the Court may make such order on the originating
summons and as to costs as to the Court appears just.

(6) On the withdrawal or removal of a consent caution or
non-consent caution—

   (a)  the Registrar shall remove the entry in the Title Register referring
        to the caution; and

   (b)  any liability of the cautioner previously incurred under section 74
        shall not be affected by the removal of that entry.

(7) The Registrar shall give effect to an order made under subsection (2)(a)
or (5) in accordance with the provisions of the order.