Hong Kong Regulations

LAND REGISTRATION REGULATIONS - REGULATION 15

Procedure where instrument is withheld from registration

(Past version on 30/06/1997).

(1) Where, in respect of any memorial, plan or instrument delivered for
registration, either-

   (a)  the Land Registrar is not satisfied as to any of the matters specified
        in section 23 of the Ordinance; or

   (b)  the person who so delivered the instrument requests the Land Registrar
        to do so, the Land Registrar shall withhold the instrument from
        registration.

(2) Where under paragraph (1) an instrument is withheld from registration, the
Land Registrar shall-

   (a)  enter on a docket the reasons why such instrument has been withheld;

   (b)  keep a copy of the instrument, together with copies of the memorial
        and plans (if any) relating thereto, in such form and by such method
        as the Land Registrar thinks fit; and

   (c)  either-

        (i)    send by post the instrument together with the memorial and
               plans (if any) relating thereto and a notice that the
               instrument has been withheld from registration to the person by
               whom it was delivered; or

        (ii)   at the request of the person who delivered the instrument,
               permit the person to collect the instrument in accordance with
               paragraph

(3).

(3) Any person who collects an instrument withheld from registration shall-

   (a)  at the same time collect the memorial and plans (if any) relating
        thereto;

   (b)  acknowledge receipt of such instrument, memorial and plans (if any) by
        signing and dating in a book of record kept by the Land Registrar for
        the purposes of this regulation; and

   (c)  collect and retain the docket.

(4) If an instrument collected by or sent by post to the person by whom it was
delivered under paragraph (2) or (3) is redelivered for registration, such
instrument, together with the memorial and plans (if any) relating thereto
shall be scrutinized by the Land Registrar, and the Land Registrar shall-

   (a)  if he is satisfied in respect of such instrument, memorial and plans
        (if any) as to the matters specified in section 23 of the Ordinance,
        proceed to register the instrument in accordance with regulation 14;
        or

   (b)  if he is not so satisfied, withhold the instrument from registration.

(5) The Land Registrar may destroy or otherwise dispose of any copy of an
instrument kept under paragraph (2)(b), together with copies of the memorial
and plans (if any) relating thereto so kept-

   (a)  if the instrument-

        (i)    is redelivered for registration; or

        (ii)   is registered; and

   (b)  in such manner as the Land Registrar thinks fit.

(6) Paragraphs (2), (3), (4) and (5) shall apply in respect of any instrument
withheld under paragraph (4)(b).

(20 of 2002 s. 5)