Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 84

Indemnity

not yet in operation PART 12

INDEMNITY

(1) Subject to subsections (2) and (4)(b) and (c) and sections 85 and 87, a
person suffering loss by reason of an entry in, or an entry omitted from, the
Title Register, where such entry has been obtained, made or omitted, as the
case may be, by or as the result of—

   (a)  fraud—

        (i)    on the part of any person;

        (ii)   which affects the ownership of the registered land concerned or
               the registration of a person as the lessee of a
               registered long term  lease; and

        (iii)  to which an order under section 82(1) or (3) relates (and
               whether or not the order grants or refuses the relevant
               application for rectification); or

   (b)  any mistake or omission on the part of any person referred to in
        section 11(3), shall be entitled to be indemnified by the Government
        in respect of that loss.

(2) No indemnity shall be payable under subsection (1) to a person who—

   (a)  has himself caused or substantially contributed to the loss by his
        fraud or negligence; or

   (b)  derives title (otherwise than under a registered disposition made in
        good faith and for valuable consideration) from a person who so caused
        or substantially contributed to the loss.

(3) In this section, "omission" (遺漏) does not include a failure to deliver
an application for registration.

(4) For the avoidance of doubt, it is hereby declared that—

   (a)  nothing in this Ordinance shall affect the validity or otherwise of
        any claim made under section 23A of the Land Registration  Ordinance (
        Cap 128) before the date of first registration of the registered land
        or registered long term lease concerned;

   (b)  no indemnity shall be payable under subsection (1) in respect of any
        fraud, mistake or omission discovered (whether in proceedings before
        any court or otherwise)—

        (i)    subject to subparagraph (ii), before the date of first 
               registration of the registered land concerned and irrespective
               of whether any claim in respect thereof has been, or could have
               been, or could not have been, made under section 23A of the
               Land Registration Ordinance ( Cap  128) before that date; or

        (ii)   before the date of first registration of the registered long 
               term lease concerned and irrespective of whether any claim in
               respect thereof has been, or could have been, or could not have
               been, made under section 23A of the Land Registration Ordinance
               ( Cap 128) before that date;

   (c)  no indemnity shall be payable under subsection (1) in respect of any
        fraud, mistake or omission—

        (i)    subject to subparagraph (ii), which occurred before the
               date of  first registration of the registered land concerned
               and is discovered

(whether in proceedings before any court or otherwise) on or after that date;
or

        (ii)   which occurred before the date of first registration of the
               registered long term lease concerned and is discovered (whether
               in proceedings before any court or otherwise) on or after that
               date;

   (d)  no indemnity shall be payable under subsection (1) in respect of any
        fraud, mistake or omission in relation to land which is not
        registered land (including any lease to which the land is subject),
        and whether or not the fraud, mistake or omission occurred before, on
        or after the appointed day.

(5) Subject to subsections (2) and (4)(b) and (c) and sections 85 and 87, for
the avoidance of doubt, it is hereby declared that where the Title Register is
rectified under section 82(1) or (3), the registered owner of the land or the
registered lessee of the long term lease who is deprived of the property in
consequence of the rectification may make a claim for indemnity.

"omission" (遺漏)