Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 82

Rectification by Court

not yet in operation

(1) Subject to subsections (2) and (3) and section 83, the Court may, on
application by any person, order the rectification of the Title  Register by
directing that an entry therein relating to registered land or a
registered long term lease be removed or altered, or that an entry relating to
registered land or a registered long term lease which has been omitted from
the Title Register be entered therein, if the Court is satisfied that the
entry was obtained, made or omitted, as the case may be, by or as a result
of—

   (a)  the fraud, mistake or omission of any person; or

   (b)  a void or voidable instrument.

(2) No order may be made under subsection (1) so as to affect the title of a
person who is the registered owner of registered land or the registered lessee
of a registered long term lease, and who is in possession of the land and has
acquired the land or lease for valuable  consideration, unless the Court is
satisfied—

   (a)  that the name of such person was entered in the Title Register as the
        owner or lessee, as the case may be, by or directly as a result of the
        fraud, mistake or omission in question or the void or voidable
        instrument in question, as the case may be; and

   (b)  that—

        (i)    in the case of fraud, the person— (A) was a party to the
               fraud; (B) had knowledge of the fraud at the time his name was
               so entered in the Title Register; or (C) had, by his act or by
               lack of proper care, substantially contributed to the fraud;

        (ii)   in the case of a mistake or omission, the person— (A) caused
               the mistake or omission; (B) had knowledge of the mistake or
               omission at the time his name was so entered in the
               Title Register; or (C) had, by his act or by lack of proper
               care, substantially contributed to the mistake or omission; or

        (iii)  in the case of a void or voidable instrument, the person— (A)
               caused the instrument to be void or voidable, as the case may
               be; (B) had knowledge that the instrument was void or voidable,
               as the case may be, at the time his name was so entered in the
               Title Register; or (C) had, by his act or by lack of proper
               care, substantially contributed to making the instrument void
               or voidable, as the case may be.

(3) Subject to section 83, on an application made under subsection

(1) by a former registered owner of registered land or a former registered
lessee of a registered long term lease to restore his title to the land or
lease on the ground that he lost his title by or as a result of fraud, the
Court shall order the rectification of the Title Register to so restore the
title of the applicant (and irrespective of whoever is currently the
registered owner or registered lessee of the land or lease concerned), if the
Court is satisfied that—

   (a)  the entry in the Title Register by or as result of which the applicant
        lost his title was procured, whether in whole or in part, by or as a
        result of—

        (i)    a void instrument; or

        (ii)   a false entry in the Title Register;

   (b)  the applicant was not a party to the fraud; and

   (c)  the applicant did not, by his act or by lack of proper care,
        substantially contribute to the fraud.

(4) An order may be made under subsection (1) or (3) whether or not the entry
in the Title Register in question was obtained, made or omitted, as the case
may be, before, on or after the date of first registration of the
registered land or registered long term lease concerned.

(5) The Registrar shall give effect to an order made under subsection (1) or
(3) in accordance with the provisions of the order.

(6) This section is without prejudice to the operation of section  3 (4)(c).

(7) The Court may make such order as to the costs of proceedings under this
section as to the Court appears just.

(8) Any costs of proceedings awarded against the Registrar in any proceedings
under this section shall be paid out of the Land Titles  Indemnity Fund.

(9) For the purpose of subsection (2), a person who is in receipt of rents or
profits, or who has the right to receive rents or profits, in respect of the
registered land or registered long term lease concerned shall be treated as
being in possession of the land.