Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 74

Wrongful cautions

not yet in operation

(1) A person who applies to register a consent caution or non-consent caution
without reasonable cause shall be liable, in an action for damages at the suit
of—

   (a)  the owner of the registered land or registered charge concerned;

   (b)  the lessee of the registered long term lease concerned; or

   (c)  any other person who has an interest in the land, charge or lease, to
        pay compensation to the owner, lessee or other person for any damage
        sustained thereby, in such amount as to the Court appears just.

(2) A cautioner under a registered consent caution or non-consent  caution who
fails, without reasonable excuse, to apply to the Registrar for the withdrawal
of the caution within a reasonable period of time after the ground on which it
was registered ceases to exist, shall be liable, in an action for damages at
the suit of a person referred to in subsection

(1)(a), (b) or (c), to pay compensation to that person for any damage
sustained thereby, in such amount as to the Court appears just.