Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 78

Restrictions by Registrar

not yet in operation

(1) The Registrar may, in respect of registered land, a registered  charge or
a registered long term lease, and—

   (a)  after an application for an order under this section being presented
        to him by an interested person;

   (b)  after—

        (i)    directing such inquiries to be made and notices to be served as
               he thinks fit; and

        (ii)   giving such persons as appear to the Registrar from the Title 
               Register may be affected by the order an opportunity of being
               heard; and

   (c)  after being satisfied that the powers of the owner of the
        registered land or the registered charge, or of the lessee of the
        registered long term lease, to deal in the land, charge or lease
        should be restricted to—

        (i)    prevent invalidity or unlawfulness in relation to dealing in
               the land, charge or lease; or

        (ii)   protect an interest or claim in relation to the land, charge or
               lease, make an order prohibiting—

   (d)  all dealings in the land, charge or lease;

   (e)  such dealings in the land, charge or lease as do not comply with
        conditions specified in the order.

(2) A restriction may be expressed to endure—

   (a)  for a particular period;

   (b)  until the occurrence of a particular event; or

   (c)  generally until the making of a further order by the Registrar.

(3) The Registrar shall register an order made under subsection (1).

(4) A restriction shall not affect registered land, a registered  charge or a
registered long term lease until the restriction has been registered.

(5) In this section, "interested person" (利害關係人), in relation to
registered land, a registered charge or a registered long term lease, means a
person—

   (a)  who is the owner of the land or charge or the lessee of the lease;

   (b)  who is entitled to be registered as the owner of the land or charge or
        the lessee of the lease; or

   (c)  who falls within a class of persons prescribed by the regulations for
        the purposes of this section.

"interested person" (利害關係人),