Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 85

Amount of indemnity

not yet in operation

(1) The amount of any indemnity payable under section 84(1) shall not exceed,
in respect of each entry referred to in that section in respect of which an
indemnity is payable—

   (a)  in the case of any such entry obtained, made or omitted by or as the
        result of fraud on the part of any person—

        (i)    the value of the interest in the registered land or registered 
               long term lease concerned on the date on which such entry was
               obtained, made or omitted; or

        (ii)   the amount from time to time determined under subsection (3)
               for the purposes of this subsection as such amount is in force
               immediately before the discovery of the fraud, whichever is the
               lesser;

   (b)  in any other case, the value of the interest in the registered  land
        or registered long term lease concerned on the date on which the
        mistake or omission concerned was made.

(2) Where 2 or more persons have ceased to be the owners of registered land or
the lessees of a registered long term lease in consequence of—

   (a)  an order being made under section 82(1) or (3) for the rectification
        of the Title Register on the ground of fraud; or

   (b)  a fraud referred to in section 84(1), and, in consequence of that
        cesser, those persons are entitled to be paid an indemnity under
        section 84(1), then the total of the indemnity shall not exceed the
        amount referred to in subsection (1)(a).

(3) The Financial Secretary may, by notice published in the Gazette, determine
an amount for the purposes of subsection (1)(a)(ii).

(4) For the avoidance of doubt, it is hereby declared that a notice under
subsection (3) is subsidiary legislation.