Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 86

Procedure for claiming indemnity

not yet in operation

(1) The Registrar shall, on application in the specified form made to him by
an interested person—

   (a)  determine whether a right of indemnity has arisen under this Part; and

   (b)  if he determines that a right of indemnity—

        (i)    has arisen under this Part, offer an indemnity to the person of
               such value which, in the opinion of the Registrar, satisfies
               the right;

        (ii)   has not arisen under this Part, refuse the application.

(2) The Court shall, on application made to it by an interested  person who
has made an application under subsection (1) and who has rejected an offer
mentioned in subsection (1)(b)(i) or who has had the application refused under
subsection (1)(b)(ii)—

   (a)  determine whether a right of indemnity has arisen under this Part; and

   (b)  if it determines that a right of indemnity has arisen under this Part,
        determine the amount of the indemnity in accordance with section 85
        and award the indemnity accordingly together with, as to the Court
        appears just, any costs and expenses properly incurred in relation to
        the matter.

(3) No proceedings may be commenced in the Court for the purposes of
determining whether a right of indemnity has arisen under this Part except by
a person mentioned in subsection (2).

(4) A person who has accepted an offer under subsection (1)(b)(i) shall not
commence any proceedings in the Court under Part 11 or this Part.