Cap 585 - LAND TITLES ORDINANCE 1
Chapter: 585 LAND TITLES ORDINANCE Gazette Number Version Date
Long title
Remarks:
Not yet in operation
An Ordinance to provide for a system of registration of title to land, and to provide for matters incidental thereto or
connected therewith.
[ ]
(Originally 26 of 2004)
Part: 1 PRELIMINARY
Remarks:
Not yet in operation
Section: 1 Short title and commencement
Remarks:
Not yet in operation
(1) This Ordinance may be cited as the Land Titles Ordinance.
(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Development by
notice published in the Gazette. (Amended L.N. 130 of 2007)
Section: 2 Interpretation
Remarks:
Not yet in operation
(1) In this Ordinance, unless the context otherwise requires—
"application" (申請), in relation to the registration of any matter, means an application in the specified form;
"applications register" (申請註冊紀錄) means the applications register kept under section 5;
"appointed day" (指定日期) means the day appointed under section 1(2) for the commencement of section 21;
"authorized land surveyor" (認可土地測量師) has the meaning assigned to it by section 2 of the Land Survey
Ordinance (Cap 473);
"charge" (押記) means—
(a) a legal charge within the meaning of section 2 of the Conveyancing and Property Ordinance (Cap
219); or
(b) a mortgage of an equitable interest over land but excluding any mortgage of an interest which is only
capable of being protected by a consent caution or non-consent caution;
"chargee" (承押記人) means the owner of a charge;
"charging order" (押記令) means an order of any court of competent jurisdiction imposing on registered land, or a
registered long term lease, specified in the order a charge for securing the payment of any money due or to
become due under a judgment or order of the court;
"chargor" (押記人) means the owner of registered land, or the lessee of a registered long term lease, which is subject
to a charge;
"company" (公司) means a body corporate—
(a) incorporated under the Companies Ordinance (Cap 622); (Amended 28 of 2012 ss. 912 & 920)
Cap 585 - LAND TITLES ORDINANCE 2
(ab) incorporated under a former Companies Ordinance as defined by section 2(1) of the Companies
Ordinance (Cap 622); (Added 28 of 2012 ss. 912 & 920)
(b) incorporated under any other enactment; or
(c) incorporated or established outside Hong Kong,
and includes an unregistered company within the meaning of Part X of the Companies (Winding Up and
Miscellaneous Provisions) Ordinance (Cap 32); (Amended 28 of 2012 ss. 912 & 920)
"consent caution" (同意警告書) means a caution referred to in section 71(1) and (3);
"Court" (法庭) means the Court of First Instance;
"current" (當時有效), in relation to any matter, means the matter has not ceased to have effect;
"date of first registration" (首次註冊日期) means—
(a) in relation to registered land, the date determined in accordance with section 22 of this Ordinance or
section 3 of Schedule 1, whichever is applicable; and
(b) in relation to a registered long term lease, the date determined in accordance with section 49(5) of this
Ordinance or section 6 of Schedule 1, whichever is applicable;
"dealing" (交易) means a disposition or transmission;
"disposition" (處置) means an act by the owner of registered land or a registered charge, or the lessee of a registered
long term lease, whereby his rights in or over the land, charge or lease, as the case may be, are affected, but does
not include—
(a) an agreement to transfer;
(b) an agreement to charge;
(c) an agreement to grant a long term lease; or
(d) an agreement to grant an easement,
and "dispose", "disposal" and "disposed" (處置) shall be construed accordingly;
"document" (文件) includes, in addition to a document in writing—
(a) a map, plan or drawing;
(b) a disc, tape or other device in which data other than visual images are embodied so as to be capable,
with or without the aid of some other equipment, of being reproduced from the disc, tape or other
device; and
(c) a film, tape or other device in which visual images are embodied so as to be capable, with or without
the aid of some other equipment, of being reproduced from the film, tape or other device;
"entry" (記項), in relation to the Title Register, means a note, notice or other entry in the Title Register; and "enter"
and "entered" (記入) shall be construed accordingly;
"fraud" (欺詐) includes dishonesty and forgery;
"image record" (影像紀錄) means a record produced using the imaging method and, where the context permits,
includes a record in a legible form;
"imaging method" (影像處理方法) means a method by which documents in a legible form or in the form of
microfilm are scanned by a scanner and the information recorded therein is converted into electronic images,
which are then stored on electronic storage media capable of being retrieved and reproduced in a legible form;
"inhibition" (制止令) means an order made under section 75(1);
"instrument" (文書) includes—
(a) a deed, conveyance, judgment, decree, order or other document which is—
(i) required to support, or is capable of supporting, an application for registration; or
(ii) specified in any other enactment as a document which shall or may support an application for
registration under this Ordinance (or words to the like effect); and
(b) a memorial which supports a current entry in the Title Register,
but does not include a will except a will which is the subject of a memorial referred to in paragraph (b);
"land" (土地) includes—
(a) land covered by water; and
(b) a thing attached to land or permanently fastened to a thing attached to land,
but does not include an interest in or over land other than—
(c) an undivided share in land; and
Cap 585 - LAND TITLES ORDINANCE 3
(d) such an interest vested in a person by virtue of the operation of section 23, 25(1) or 26(1) of this
Ordinance or section 4 or 7 of Schedule 1;
"land boundary plan" (土地界線圖) has the meaning assigned to it by section 2 of the Land Survey Ordinance (Cap
473);
"Land Registry" (土地註冊處 ) means the Land Registry of the Government of the Hong Kong Special
Administrative Region which is administered by the Registrar;
"Land Titles Indemnity Fund" (土地業權彌償基金) means the indemnity fund established pursuant to section 90;
"lease" (租契) includes an agreement for a lease and a tenancy but does not include a Government lease;
"lessee" (承租人) means—
(a) in relation to a registered long term lease, the person named in the Title Register as the lessee of the
lease; and
(b) in relation to any other lease, the lessee of the lease;
"liquidator" (清盤人) has the meaning given by section 2(1) of the Companies (Winding Up and Miscellaneous
Provisions) Ordinance (Cap 32); (Amended 28 of 2012 ss. 912 & 920)
"lis pendens" (待決案件) means—
(a) any action or proceeding pending in any court or tribunal that relates to land or any interest in or
charge on land; or
(b) a bankruptcy petition;
"long term lease" (長期租契) means a lease—
(a) granted by—
(i) subject to subparagraph (ii), the owner of registered land;
(ii) if the lease was granted before the land became registered land under this Ordinance, the owner
of the land at the time of the grant,
of the right to exclusive possession of the land for a term of not less than 21 years;
(b) not at rack rent; and
(c) in respect of which a premium has been paid,
but does not include any lease the unexpired term of which is less than 21 years at the time it is registered;
"lot" (地段) includes a section and subsection of a lot;
"lot number" (地段編號) means—
(a) in the case of a lot, the designation and number by which the lot is described in the Government lease
under which it is held from the Government; and
(b) in the case of a section or subsection of a lot, the designation and number by which the section or
subsection, as the case may be, is described in the instrument by which it came into existence as such;
"matter" (事項) means the subject of any application delivered for registration;
"memorial" (註冊摘要) means a memorial registered under the Land Registration Ordinance (Cap 128);
"mortgage" (按揭) means a security over land for securing money or money's worth;
"non-consent caution" (非同意警告書) means a caution referred to in section 71(4), (6) and (13);
"overriding interest" (凌駕性權益) means an interest referred to in section 28(1);
"owner" (擁有人) means—
(a) in relation to registered land, the person (including, in respect of registered land to which Part II of the
New Territories Ordinance (Cap 97) applies, any clan, family or t'ong) named in the Title Register as
—
(i) the owner, lessee or holder (or words to the like effect) of a Government lease of the land; or
(ii) the owner or holder (or words to the like effect) of an undivided share in the land; and
(b) in relation to a registered charge, the person named in the Title Register as the person in whose favour
the charge is made;
"personal representative" (遺產代理人) means—
(a) the executor of the will; or
(b) the administrator of the estate,
of the deceased owner of registered land or a registered charge, or the deceased lessee of a registered long term
lease;
Cap 585 - LAND TITLES ORDINANCE 4
"present" (呈遞) includes produce, deliver and lodge;
"record" (紀錄) includes not only a written record but a record conveying information or instructions by any other
means;
"register" (註冊), when used as a verb, means to make, remove, alter or add to an entry in the Title Register, but does
not include to make, remove, alter or add to an entry in the Title Register to the extent that the entry denotes, in
the case of the presentation of an application for the registration of a matter, that registration is pending or
withheld in respect of the matter; and "registered" (註冊), "unregistered" (未經註冊) and "registration" (註冊)
shall be construed accordingly;
"registered charge" (註冊押記) means a charge registered in respect of registered land or a registered long term lease
under section 37;
"registered land" (註冊土地) means—
(a) land—
(i) held under a Government lease; and
(ii) the title to which is registered under section 21; and
(b) land deemed to be registered land under section 2 of Schedule 1;
"registered long term lease" (註冊長期租契) means—
(a) a long term lease registered under section 49; and
(b) a lease deemed to be a registered long term lease under section 5 of Schedule 1;
"registered matter" (註冊事項) does not include any matter which has ceased to have any effect;
"Registrar" (處長) means the Land Registrar;
"regulations" (《規例》) means regulations made under this Ordinance;
"remove" (刪除), in relation to an entry in the Title Register, includes to delete by any means which, in the opinion of
the Registrar, is appropriate in respect of that entry;
"restriction" (限制令) means an order made under section 78(1);
"right" (權利) includes such ancillary rights as are necessary for effective enjoyment of the right;
"search" (查冊) means a search under section 30(1);
"Secretary" (局長) means the Secretary for Development; (Amended L.N. 130 of 2007)
"solicitor" (律師) means a solicitor within the meaning of section 2(1) of the Legal Practitioners Ordinance (Cap
159);
"specified" (指明), in relation to a form, means specified under section 99;
"title certificate" (業權證明書) means a certificate issued under section 29(1);
"Title Register" (業權註冊紀錄) means the Title Register kept under section 4;
"transfer" (轉移) means the registration of a matter to effect the passing of the title to registered land, a registered
charge or a registered long term lease from one person to another person otherwise than by operation of law, and
includes the instrument providing for such passing;
"transmission" (傳轉) means the passing of the title to registered land, a registered charge or a registered long term
lease from one person to another person under an order of a court of competent jurisdiction, under an enactment
or by operation of law;
"trustee" (受託人) includes a personal representative;
"unregistrable interest" (不可註冊權益) has the meaning assigned to it by section 1A(1) of the Land Registration
Ordinance (Cap 128);
"valuable consideration" (有值代價) means money or money's worth, but does not include a nominal consideration.
(2) It is hereby declared that—
(a) the title to land becomes registered under this Ordinance by virtue of an entry being made in the Title
Register specifying a person as being the owner of that land, and references in this Ordinance to
registered land shall be construed accordingly; and
(b) any reference in any other enactment to "register in the Land Registry" or "registered in the Land
Registry", or words to the like effect, shall be construed to mean register or registered under the Land
Registration Ordinance (Cap 128) or this Ordinance, as the case may require.
Cap 585 - LAND TITLES ORDINANCE 5
Section: 3 Application
Remarks:
Not yet in operation
(1) Subject to Part 4 and Schedule 1, this Ordinance applies to land held under a Government lease.
(2) Where land is vested in a person under the provisions of any other enactment and there is any conflict or
inconsistency between the provisions of this Ordinance and the provisions of that enactment in relation to that land,
then the provisions of that enactment shall, in relation to that land and to the extent of that conflict or inconsistency, as
the case may be, prevail over the provisions of this Ordinance.
(3) Where an instrument supporting an application for registration of a transfer under this Ordinance is void
under the provisions of any other enactment governing the validity of a transfer, then the provisions of that enactment
shall, in relation to the land to which the transfer relates, prevail over the provisions of this Ordinance.
(4) Where—
(a) any provisions of any other enactment purport to provide that any legal or equitable interest in land or
in a charge shall not be created, extinguished, transferred, varied or affected (or words to the like
effect) except by an instrument (howsoever described) referred to in those provisions; and
(b) by virtue of the provisions of this Ordinance, such interest may only be created, extinguished,
transferred, varied or affected, as the case may be, by the registration under this Ordinance of an
application providing therefor,
then—
(c) without prejudice to any other ground on which the instrument may be void or voidable and
notwithstanding any law, that instrument shall not be void or voidable on the ground that it does not, of
itself, create, extinguish, transfer, vary or affect, as the case may be, such interest;
(d) the provisions referred to in paragraphs (a) and (b) shall be construed to require that instrument to
accompany that application; and
(e) any reference to the instrument in—
(i) any other provisions of that enactment;
(ii) any provisions of any other enactment; or
(iii) any other provisions of this Ordinance,
shall, without prejudice to the operation of section 2A of the Stamp Duty Ordinance (Cap 117), be
construed to take account of the operation of this subsection.
Part: 2 ORGANIZATION AND ADMINISTRATION
Remarks:
Not yet in operation
Section: 4 The Title Register
Remarks:
Not yet in operation
(1) The Registrar shall keep in the Land Registry a register to be known as the Title Register.
(2) There shall be entered in the Title Register such matters as are or may be required to be entered therein
under this Ordinance or any other enactment including, but not limited to—
(a) particulars of the land the title to which is registered under this Ordinance, including—
(i) its title number (which may include letters or alphanumeric symbols or characters);
(ii) the lot number of the land;
(iii) the undivided shares, if any, in the land;
(iv) the location or address, if any, of the land;
(v) the date of commencement of the term of the Government lease and its expiry date;
(vi) the name of the owner or owners of the land; and
Cap 585 - LAND TITLES ORDINANCE 6
(vii) the capacity in which the owner or owners hold the land, whether as sole owner, tenants in
common, joint tenants, trustee or otherwise;
(b) particulars of each long term lease registered under this Ordinance, including—
(i) its title number (which may include letters or alphanumeric symbols or characters);
(ii) the lot number of the land;
(iii) the undivided shares, if any, in the land;
(iv) the location or address, if any, of the land;
(v) the term of the lease;
(vi) the name of the lessee or lessees of the lease; and
(vii) the capacity in which the lessee or lessees hold the lease, whether as sole lessee, tenants in
common, joint tenants, trustee or otherwise;
(c) particulars of each charge registered under this Ordinance, including—
(i) its application number (which may include letters or alphanumeric symbols or characters); and
(ii) the name of the chargor;
(d) particulars of all instruments which support a current entry in the Title Register;
(e) the date of registration of each of the instruments referred to in paragraph (d);
(f) particulars of any pending application for the registration of any matter under this Ordinance; and
(g) such other matters as the Registrar is of the opinion should be contained in the Title Register.
Section: 5 Applications register
Remarks:
Not yet in operation
(1) The Registrar shall keep in the Land Registry a register to be known as the applications register, which shall
contain a record of all pending applications for the registration of any matter under this Ordinance.
(2) The applications register shall contain such particulars as are required by the regulations to be contained
therein.
Section: 6 Supporting documents
Remarks:
Not yet in operation
(1) The Registrar shall keep in the Land Registry, or make and keep in the Land Registry a microfilm, image
record or other record (including an image record of a microfilm) of, the following documents—
(a) any memorial which supports a current entry in the Title Register;
(b) the documents, if any, accompanying a memorial referred to in paragraph (a);
(c) any application for the registration of a matter where—
(i) the matter has been registered; and
(ii) the application supports a current entry in the Title Register;
(d) the documents, if any, accompanying an application referred to in paragraph (c).
(2) Where a microfilm, image record or other record of a document is made under subsection (1), the Registrar
may—
(a) destroy or otherwise dispose of the document from which the record was made; or
(b) return that document to the person by whom, or on whose behalf, it was delivered to the Land
Registry.
(3) Where a microfilm, image record or other record is made of a document under subsection (1), the
microfilm, image record or other record, as the case may be, shall be treated for all purposes as the original document.
Section: 7 Form of registers
Remarks:
Not yet in operation
Cap 585 - LAND TITLES ORDINANCE 7
The Title Register and the applications register may be kept in such form as the Registrar considers appropriate,
including in a form other than a documentary form.
Section: 8 Functions and powers of Registrar
Remarks:
Not yet in operation
(1) The Registrar shall—
(a) be responsible for the general administration of this Ordinance;
(b) subject to the regulations, be responsible for the general management and administration of the Land
Titles Indemnity Fund;
(c) supervise compliance with the provisions of this Ordinance; and
(d) perform such other functions and exercise such other powers as are imposed or conferred on him under
this Ordinance or any other enactment.
(2) The Registrar may do all such things as are necessary for, or incidental or conducive to, the better
performance of his functions and exercise of his powers, and in particular but without prejudice to the generality of the
foregoing, may—
(a) require a person to present to him any document relating to registered land or a registered long term
lease;
(b) require a person to appear before him and give any information or explanation in respect of—
(i) any matter relating to registered land or a registered long term lease; or
(ii) any document relating to registered land or a registered long term lease;
(c) require a person to verify, on oath or by statutory declaration, any proceedings, information or
explanation affecting registration and, for that purpose, administer the oath or take the declaration;
(d) refuse to proceed with the registration of a matter if—
(i) any document, or any information or explanation, required to be presented or given is withheld;
(ii) any act required to be performed under this Ordinance is not performed;
(iii) without prejudice to the generality of subparagraph (ii), any fee payable in respect of the
registration (including any additional fee payable under section 33) has not been paid; or
(iv) the provisions of this Ordinance or of any other enactment relating to the registration of the
matter have not been complied with;
(e) where he is of the view that a matter is not registrable, refuse to register the matter; and
(f) subject to subsection (3), order that the costs, charges and expenses incurred by him or another person
in connection with an inquiry, investigation or hearing held by the Registrar for the purposes of this
Ordinance shall be borne and paid by such persons and in such proportions as the Registrar thinks fit.
(3) The Registrar shall not make an order under subsection (2)(f) except after giving the persons to be affected
by the order, and such other interested persons as the Registrar thinks fit, an opportunity of being heard.
Section: 9 Registrar may apply to Court for directions
Remarks:
Not yet in operation
If any question of law arises in respect of the performance or exercise of any functions or powers imposed or
conferred on the Registrar by or under this Ordinance, the Registrar may apply to the Court for directions.
Section: 10 Delegation of functions and powers
Remarks:
Not yet in operation
(1) Subject to subsection (2), the Registrar may, with or without restrictions as he thinks fit, delegate in writing
Cap 585 - LAND TITLES ORDINANCE 8
any of his functions or powers under this Ordinance to any public officer.
(2) The Registrar shall not delegate any of his functions and powers under—
(a) subsection (1);
(b) any provisions of this Ordinance specified in Schedule 2; and
(c) any provisions of any regulations made under this Ordinance which are specified in the regulations as
provisions which shall not be subject to subsection (1).
(3) A delegate of the Registrar—
(a) shall perform the delegated functions and may exercise the delegated powers as if the delegate were
the Registrar himself; and
(b) shall be presumed to be acting in accordance with the terms of the delegation in the absence of
evidence to the contrary.
Section: 11 Immunity
Remarks:
Not yet in operation
(1) No person to whom this subsection applies, acting in good faith, shall be personally liable in damages for
any act done or default made in the performance or purported performance of any function, or the exercise or
purported exercise of any power, under this Ordinance.
(2) The Government shall not be liable in damages for either—
(a) any act or default referred to in subsection (1); or
(b) any other act done or default made—
(i) by a person, to whom that subsection applies, not acting in good faith; and
(ii) in the performance or purported performance of any function, or the exercise or purported
exercise of any power, under this Ordinance,
unless that act or default gives rise to an indemnity under Part 12 and, in any such case, the liability shall not exceed
the amount of the indemnity provided under that Part in respect of that act or default.
(3) The persons to whom subsection (1) applies are—
(a) the Registrar (including a delegate of the Registrar under section 10); and
(b) any public officer assisting the Registrar (or any such delegate) in the performance or purported
performance of any function, or the exercise or purported exercise of any power, under this Ordinance.
Section: 12 Seal of Land Registry
Remarks:
Not yet in operation
(1) The Land Registry shall have a seal of office having inscribed in the margin of the seal—
(a) the words "Land Registrar, Hong Kong Special Administrative Region" in the English language and
“香港特別行政區土地註冊處處長”in the Chinese language; or
(b) such other words as the Registrar may from time to time specify by notice published in the Gazette.
(2) For the purposes of any proceedings, whether under this Ordinance or otherwise, an instrument—
(a) purporting to bear the imprint of the seal referred to in subsection (1); and
(b) purporting to be signed and issued by a person referred to in section 11(3),
shall be received in evidence in those proceedings upon its production without further proof and, in the absence of
evidence to the contrary, it shall be presumed—
(c) where the instrument purports to be so signed, that the signature is that of the person referred to in that
section; and
(d) where the instrument purports to be so issued, that it was issued by or under the direction of the
Registrar.
Cap 585 - LAND TITLES ORDINANCE 9
Part: 3 REGISTRATION PROCEDURES AND CONNECTED
MATTERS
Remarks:
Not yet in operation
Section: 13 Matters capable of being registered
Remarks:
Not yet in operation
No matter shall be capable of being registered in the Title Register unless—
(a) the registration of the matter is expressly provided for in this Ordinance or any other enactment (by
whatever words used);
(b) where paragraph (a) is not applicable, the matter is a dealing in registered land, a registered charge or a
registered long term lease;
(c) where neither paragraph (a) nor (b) is applicable, the matter is an order of any court or tribunal—
(i) affecting registered land, a registered charge or a registered long term lease; and
(ii) issued or made for the purpose of enforcing a judgment; and
(d) in any other case, the matter affects registered land, a registered charge or a registered long term lease
and the Registrar permits it to be registered.
Section: 14 Applications for registration
Remarks:
Not yet in operation
(1) Except as otherwise expressly provided in this Ordinance, no matter shall be registered in the Title Register
unless the matter is the subject of an application presented to the Registrar for the registration of that matter, and this
requirement applies—
(a) whether or not any express reference is made in this Ordinance to that matter; or
(b) if an express reference is made in this Ordinance to the registration of that matter, whether or not that
reference is accompanied by an express reference to such an application.
(2) Each application for the registration of any matter shall be verified in such manner as is required by the
regulations.
Section: 15 Manner of registration
Remarks:
Not yet in operation
(1) Except as otherwise expressly provided in this Ordinance, the registration of any matter in the Title Register
shall be effected by the Registrar in the following manner—
(a) by making, or adding to, an entry in the Title Register;
(b) by removing or altering an entry in the Title Register; or
(c) by any combination of the acts mentioned in paragraphs (a) and (b).
(2) The registration of a matter in the Title Register is effected when that matter is registered by virtue of the
making, the addition to, or the removal or alteration of, an entry in the Title Register which refers to that matter, the
application for registration of that matter or any document accompanying that application, or any combination thereof,
and references in this Ordinance to the registration of any matter (howsoever expressed) shall be construed
accordingly.
Cap 585 - LAND TITLES ORDINANCE 10
Section: 16 Entry in Title Register constitutes notice to all persons
Remarks:
Not yet in operation
All persons are deemed to have notice of every entry in the Title Register.
Section: 17 Removal of obsolete entries
Remarks:
Not yet in operation
The Registrar may remove any entry in the Title Register which has ceased to have any effect.
Section: 18 Boundaries
Remarks:
Not yet in operation
(1) For the purposes of this Ordinance, a plan referred to in the Title Register, or a plan or microfilm, image
record or other record of a plan kept in the Land Registry under section 6, shall be treated as only indicating—
(a) the approximate situation; and
(b) the approximate boundaries,
of the registered land to which the plan relates.
(2) For the avoidance of doubt, it is hereby declared that the fact that a plan is referred to in the Title Register,
or the fact that a plan or microfilm, image record or other record of a plan is kept in the Land Registry under section 6,
shall not constitute a warranty, or a guarantee, as to the accuracy of the plan.
Section: 19 Combinations and divisions
Remarks:
Not yet in operation
(1) Where the Registrar is presented with an application from the owner of contiguous parcels of registered
land for the combination of that land, the Registrar may effect the combination by making the appropriate entries in
the Title Register to create a single title for the combined parcels of registered land.
(2) Where any new building is or is to be situated on any land consisting of 2 or more lots (and whether or not
the owner or owners of the respective lots is or are the same person or persons), then the Registrar shall, in the
circumstances prescribed by the regulations, refuse to proceed with the registration of any matter relating to an
undivided share with an exclusive right to use and occupy a part of the building unless and until an application for the
combination of those lots has been registered.
(3) Subject to section 44, where the Registrar is presented with an application from the owner of registered land
for the division of the land, the Registrar may, if he considers it expedient to do so, effect the division by making the
appropriate entries in the Title Register to create a single title for each parcel of land into which the registered land is
to be divided.
(4) Subject to section 44, where the Registrar is presented with an application for the division of registered land
by a person who—
(a) is to be the purchaser of one or more of the parcels of land to result from the division; and
(b) has the consent of the owner of the land to make the application,
the Registrar may, if he considers it expedient to do so, effect the division upon the registration of that application, by
making the appropriate entries in the Title Register to create a single title for each parcel of land into which the
registered land is to be divided.
(5) In this section, "new building" (新建築物) means a building in respect of which—
(a) an occupation permit may be issued under section 21 of the Buildings Ordinance (Cap 123) on or after
Cap 585 - LAND TITLES ORDINANCE 11
the appointed day;
(b) a temporary occupation permit may be issued under section 21 of the Buildings Ordinance (Cap 123)
on or after the appointed day in respect of the whole or any part of the building;
(c) a certificate of exemption has been issued under the Buildings Ordinance (Application to the New
Territories) Ordinance (Cap 121) before the appointed day but the building has not been completed
before that day; or
(d) a certificate of exemption under the Buildings Ordinance (Application to the New Territories)
Ordinance (Cap 121) may be issued on or after the appointed day.
(6) For the avoidance of doubt, it is hereby declared that—
(a) subsection (1) shall not of itself operate to authorize the amalgamation or unification of Government
leases of contiguous parcels of registered land which have been combined under that subsection; and
(b) this section shall not authorize anything to be done which would be inconsistent with the other
provisions of this Ordinance or of any other enactment.
Part: 4 REGISTRATION OF TITLE TO LAND AND
CONNECTED MATTERS
Remarks:
Not yet in operation
Section: 20 Interpretation of Part 4
Remarks:
Not yet in operation
In this Part—
"LRO land" (《土註條例》土地) has the meaning assigned to it by section 1 of Schedule 1;
"new land" (新土地) means land granted under a Government lease or an agreement for a Government lease on or
after the appointed day but does not include—
(a) land granted under a short term tenancy; or
(b) land which was the subject of a Government lease or agreement for a Government lease in effect
immediately before the appointed day and which is the subject of an instrument executed on or after
the appointed day whereby—
(i) the term of the Government lease or agreement for a Government lease has been extended;
(ii) the area of the land has been extended; or
(iii) the provisions of the Government lease or agreement for a Government lease have otherwise
been varied;
"short term tenancy" (短期租約) means a lease expressed to be granted for a term of not more than 7 years; and in
calculating that period for the purpose of this definition there shall be excluded any extension or renewal of the
lease that has occurred, or may occur, by virtue of the exercise of any right.
Section: 21 Registration of title to new land
Remarks:
Not yet in operation
On the presentation of an application by the Director of Lands, the Registrar shall register the title to new land
by—
(a) making an entry in the Title Register to the effect that the Government lessee is the owner of the land;
and
(b) entering such other particulars in the Title Register relating to the land as the Registrar considers
appropriate.
Cap 585 - LAND TITLES ORDINANCE 12
Section: 22 Date of first registration of new land
Remarks:
Not yet in operation
The date of first registration of new land to which the title is registered under section 21 shall be the day on
which the Registrar makes the entries in the Title Register referred to in that section.
Section: 23 Effect of first registration of new land
Remarks:
Not yet in operation
On the date of first registration of new land, the registration of any person as the owner of the land shall vest in
that person the same legal estate or equitable interest and rights as would be vested in that person if the land were
transferred to him and he was registered as the owner of land under section 25.
Section: 24 Registration of LRO land
Remarks:
Not yet in operation
LRO land shall become registered land as provided in Schedule 1.
Part: 5 EFFECT OF REGISTRATION AND CONNECTED
MATTERS
Remarks:
Not yet in operation
Section: 25 Effect of registration of transfer of land
Remarks:
Not yet in operation
(1) Subject to sections 27 and 82, the registration of a person as the owner upon a transfer of land shall vest in
the person who is registered as the owner of the land the legal estate or equitable interest and rights described in
subsection (2), free from all other interests and claims except as specified in subsection (3).
(2) (a) Where paragraph (a)(i) of the definition of "owner" in section 2(1) is applicable and the land is held
under a Government lease or an agreement for a Government lease in respect of which a Government
lease is deemed to have been issued under section 14 of the Conveyancing and Property Ordinance
(Cap 219), there shall vest in the person who is registered as the owner—
(i) the legal estate in the land held under the Government lease or the agreement for the Government
lease (but excluding any case where the person does not hold the full unexpired term of the lease
of the land); and
(ii) all rights attaching to the land which may be exercised by virtue of that legal estate.
(b) Where paragraph (a)(i) of the definition of "owner" in section 2(1) is applicable and the land is held
under an agreement for a Government lease in respect of which any condition precedent has not been
complied with or has not been deemed to have been complied with under section 14 of the
Conveyancing and Property Ordinance (Cap 219), there shall vest in the person who is registered as
the owner—
(i) the equitable interest in the land held under that agreement (but excluding any case where the
person does not hold the full unexpired term of the agreement for lease); and
(ii) all rights attaching to the land which may be exercised by virtue of that equitable interest.
Cap 585 - LAND TITLES ORDINANCE 13
(c) Where paragraph (a)(ii) of the definition of "owner" in section 2(1) is applicable and the land is held
under a Government lease or an agreement for a Government lease in respect of which a Government
lease is deemed to have been issued under section 14 of the Conveyancing and Property Ordinance
(Cap 219), there shall vest in the person who is registered as the owner—
(i) the legal estate of the undivided share in the land (but excluding any case where the person does
not hold the full unexpired term of the lease of the land); and
(ii) all rights attaching to the land which may be exercised by virtue of that legal estate.
(d) Where paragraph (a)(ii) of the definition of "owner" in section 2(1) is applicable and the land is held
under an agreement for a Government lease in respect of which any condition precedent has not been
complied with or has not been deemed to have been complied with under section 14 of the
Conveyancing and Property Ordinance (Cap 219), there shall vest in the person who is registered as
the owner—
(i) the equitable interest of the undivided share in the land (but excluding any case where the person
does not hold the full unexpired term of the lease of the land); and
(ii) all rights attaching to the land which may be exercised by virtue of that equitable interest.
(3) The person who is registered as the owner shall hold his legal estate or equitable interest and rights subject
to—
(a) any covenants, exceptions, reservations, stipulations, provisos or declarations contained in the
Government lease or the agreement for a Government lease of the land;
(b) any registered matter affecting the land; and
(c) any overriding interest affecting the land.
(4) Nothing in this section shall relieve the owner of registered land from a duty to which he is subject as
trustee.
Section: 26 Effect of registration of long term lease
Remarks:
Not yet in operation
(1) Subject to subsections (2) and (3) and sections 27 and 82, immediately upon registration of a person as the
lessee of a registered long term lease, there shall vest in the person, free from all other interests and claims—
(a) the interest in the lease; and
(b) all rights attaching to the land which may be exercised by virtue of that interest.
(2) The person who is registered as the lessee shall hold his interest and rights subject to—
(a) any covenants, exceptions, reservations, stipulations, provisos or declarations contained in the
Government lease of the land or the long term lease;
(b) any registered matter affecting the land; and
(c) any overriding interest affecting the land.
(3) Nothing in this section shall relieve the lessee of a registered long term lease from a duty to which he is
subject as trustee.
Section: 27 Voluntary transfer
Remarks:
Not yet in operation
(1) Subject to subsection (2), the provisions of this Ordinance shall operate in relation to the owner of
registered land or a registered charge, or the lessee of a registered long term lease, who has acquired the land, charge
or lease by transfer without valuable consideration as if the transfer had been for valuable consideration.
(2) The owner of registered land or a registered charge, or the lessee of a registered long term lease, referred to
in subsection (1) shall hold the land, charge or lease subject to—
(a) the provisions of the Bankruptcy Ordinance (Cap 6);
(b) Part V of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32); (Amended
28 of 2012 ss. 912 & 920)
Cap 585 - LAND TITLES ORDINANCE 14
(c) section 33(9) of the Buildings Ordinance (Cap 123); and
(d) any unregistered interests (including any matter referred to in section 4(2) or 7(2) of Schedule 1)
subject to which the immediately preceding transferor held the land, charge or lease.
(3) Subsection (2) shall not operate to limit, restrict, or qualify the operation of any other provisions of this
Ordinance.
Section: 28 Overriding interests
Remarks:
Not yet in operation
(1) All registered land shall be subject to such of the following interests as affect the land notwithstanding that
the interests are not the subject of an entry in the Title Register—
(a) if Part II of the New Territories Ordinance (Cap 97) applies to the land, any Chinese custom or
customary right affecting the land;
(b) any public rights;
(c) any—
(i) easements provided for in any instrument within the meaning of the Land Registration
Regulations (Cap 128 sub. leg. A) in respect of which a memorial within the meaning of those
Regulations has been either registered, or accepted for registration, under the Land Registration
Ordinance (Cap 128);
(ii) rights of way;
(iii) rights of water; or
(iv) covenants which run with the land,
existing on the date of first registration of the land;
(d) any easements or rights (whether existing before, on or after the appointed day) which are implied by
law on the disposition or transmission of the land and which are not expressly granted or reserved in
any instrument;
(e) any easements of necessity (whether existing before, on or after the appointed day);
(f) any rights (whether of the Government or any other person) under the Government lease under which
the land is held;
(g) any rights, under an enactment,—
(i) of resumption, closure, entry, search, inspection, investigation, user, repair, alteration, removal,
demolition, marking, naming or planning of buildings or development, redevelopment or
reinstatement of land;
(ii) to extinguish rights or to create easements or other rights;
(iii) relating to costs, standards or specifications of any building, street or engineering works; or
(iv) affecting land or any interest in land,
and any notices, orders and certificates relating to any such rights;
(h) any first charge under section 18(1) of the Estate Duty Ordinance (Cap 111), but only if—
(i) the instrument which gave rise to the charge was registered under the Land Registration
Ordinance (Cap 128) before the date of first registration of the land;
(ii) not more than 3 years have elapsed since the date of that instrument; and
(iii) the charge has not been registered under section 18(2) of the Estate Duty Ordinance (Cap 111);
(i) any first charge under section 67 of the Stamp Duty Ordinance (Cap 117);
(j) any lease—
(i) for a term not exceeding 3 years (but excluding any option to renew or extend the term of the
lease);
(ii) at the best rent which can reasonably be obtained without a premium; and
(iii) where the lessee is to take possession forthwith under the lease;
(k) any rights acquired, or in the course of being acquired, in the land where, by virtue of the Limitation
Ordinance (Cap 347), the title of the registered owner has been extinguished or will after the expiry of
the appropriate period be extinguished;
(l) any rights under an enactment for the erection, construction or laying of (and including the use of)—
Cap 585 - LAND TITLES ORDINANCE 15
(i) electricity supply lines;
(ii) telephone lines or poles;
(iii) telegraph lines or poles;
(iv) pipelines (including sewage tunnels);
(v) aqueducts;
(vi) canals;
(vii) wires;
(viii) dams; or
(ix) telecommunications facilities.
(2) Subject to subsections (3) and (5), the Registrar may, as he thinks fit, register an overriding interest.
(3) The Registrar shall, on application presented to him by the relevant authority established or referred to in an
enactment referred to in subsection (1)(g), register a notice, order or certificate referred to in that subsection.
(4) The Court may order—
(a) the registration of an overriding interest in such manner as it thinks fit and specified in the order; or
(b) the removal or alteration of an entry in the Title Register referring to an overriding interest.
(5) The Registrar shall give effect to an order made under subsection (4) in accordance with the provisions of
the order.
(6) The Registrar may, on—
(a) application presented to him by a person—
(i) affected by an overriding interest which has been registered; or
(ii) who, in the opinion of the Registrar, is otherwise concerned with the interest; and
(b) proof to his satisfaction that the interest has, for whatever reason, ceased to affect the registered land
concerned,
remove the entry in the Title Register referring to that interest.
Part: 6 CERTIFICATES, SEARCHES AND EVIDENCE
Remarks:
Not yet in operation
Section: 29 Title certificates
Remarks:
Not yet in operation
(1) The Registrar may, on application presented to him by the owner of registered land or the lessee of a
registered long term lease, issue to the owner or lessee a certificate in the specified form showing, or referring to, all
current entries in the Title Register affecting the land or lease.
(2) Where only part of the registered land or interest in the registered long term lease which is the subject of a
title certificate is dealt with in a transfer or transmission—
(a) the title certificate shall accompany the application for registration of the transfer or transmission; and
(b) the Registrar shall cancel that title certificate upon the registration of the application.
(3) A title certificate shall be admissible as evidence of the matters contained in the certificate as on the date of
its issue.
(4) Notwithstanding what is shown, or referred to, in a title certificate, the Title Register shall be conclusive
evidence of the title to the registered land and interest in the registered long term lease and the other matters shown on
the Title Register.
(5) Except in the circumstances permitted under the regulations, if a title certificate has been issued for
registered land or a registered long term lease, a transfer or transmission shall not be registered in respect of the land
or lease unless the certificate is returned for cancellation.
(6) After the Registrar has issued a title certificate for registered land or a registered long term lease, he—
(a) shall make a note in the Title Register that the certificate has been issued; and
(b) subject to subsection (7), shall not issue another title certificate in respect of the land or lease unless
the first certificate is cancelled.
Cap 585 - LAND TITLES ORDINANCE 16
(7) A new title certificate may be issued, in accordance with the regulations, in place of a title certificate which
has been lost or destroyed or which for any other reason needs to be replaced.
(8) For the avoidance of doubt, it is hereby declared that a title certificate is subject to—
(a) any overriding interest; and
(b) any subsequent entry in the Title Register,
affecting the registered land or the registered long term lease to which the certificate relates.
Section: 30 Searches
Remarks:
Not yet in operation
(1) Subject to subsection (2), a person may—
(a) on the presentation to the Registrar of an application for a search or inspection; and
(b) in accordance with the regulations,
have made available any thing required under section 4, 5 or 6 to be kept in the Land Registry.
(2) Subsection (1) shall not operate to entitle a person to—
(a) have made available any thing referred to in section 4, 5 or 6 in a manner not expressly permitted
under the regulations (or, where more than one manner is so permitted, in any one such manner as the
Registrar decides);
(b) have made available, in respect of the application concerned, any document for the purposes of, or as a
result of, the search to which the application relates other than any such document expressly permitted
to be so made available under the regulations.
Section: 31 Evidence
Remarks:
Not yet in operation
(1) Notwithstanding any other enactment, a document purporting to be a copy, print or extract—
(a) of or from—
(i) the Title Register (including any part thereof);
(ii) the applications register (including any part thereof);
(iii) any document, or any microfilm, image record or other record of a document, kept in the Land
Registry under section 6 (including any part thereof);
(iv) any specified form (including any part thereof);
(v) any other document (including any part thereof)—
(A) which is filed or deposited in the Land Registry under the provisions of this Ordinance or
any other enactment; or
(B) which otherwise belongs to the Land Registry; or
(vi) any endorsement on the Title Register, the applications register or any document, record or form
referred to in subparagraph (iii), (iv) or (v); and
(b) bearing a certificate, with the signature or the printed signature of the Registrar, or of any other person
authorized by him in that behalf, certifying that the document is a true copy, print or extract,
shall, subject to the Stamp Duty Ordinance (Cap 117), and to the same extent as the original of the document, be
admissible in evidence in any proceedings before any court on its production without further proof and, in the absence
of evidence to the contrary, the court shall presume that—
(c) the signature or the printed signature and certification to the document is that of the Registrar or a
person authorized by him in that behalf; and
(d) the document is a true and correct copy, print or extract.
(2) No solicitor, trustee or other person in a fiduciary position shall be liable in damages for any loss
occasioned by the inaccuracy of a document first-mentioned in subsection (1).
(3) Subject to subsection (4), no process for compelling the production of any thing referred to in subsection
(1)(a) shall be issued from any court—
Cap 585 - LAND TITLES ORDINANCE 17
(a) except with the leave of the court; and
(b) unless the process has a statement on it to the effect that it is issued with the leave of the court.
(4) A court shall not grant leave for a process referred to in subsection (3) to be issued if it is satisfied that a
document first-mentioned in subsection (1) is sufficient for the purposes of the process.
(5) Nothing in this section shall prejudice the admissibility of any evidence which would be admissible apart
from the provisions of this section.
Part: 7 DISPOSITIONS AND CONNECTED MATTERS
Remarks:
Not yet in operation
Section: 32 Dispositions and instruments
Remarks:
Not yet in operation
(1) Subject to subsection (2), no disposition of registered land or a registered long term lease or any interest in
or over registered land or a registered long term lease shall be effectual to create, extinguish, transfer, vary or affect
the land or lease or any interest in or over the land or lease unless and until the disposition is registered under this
Ordinance.
(2) Nothing in this section shall be construed as preventing an interest in or over registered land or a registered
long term lease which is not registered under this Ordinance from taking effect in equity if the interest is—
(a) capable of registration under this Ordinance; or
(b) protected by an entry in the Title Register.
(3) Subsection (2) shall not operate to limit, restrict, or qualify the operation of any other provisions of this
Ordinance.
(4) The death of a person by or on behalf of whom an instrument has been executed shall not of itself affect the
validity of the instrument where—
(a) the death occurred after the instrument was executed; and
(b) the instrument was valid at the time it was executed,
and, accordingly, the instrument may be presented to the Registrar for registration as if the death had not occurred.
Section: 33 Additional fee for delayed registration
Remarks:
Not yet in operation
(1) Subject to subsections (2) and (3), where an application for the registration of any dealing is presented to
the Registrar for registration later than 3 months after the date of the instrument supporting the application, then, in
addition to the prescribed fee payable in respect of the application, an additional fee equal to that prescribed fee shall
be payable for each month or part of a month which has elapsed since the date of that instrument.
(2) No additional fee payable under subsection (1) in respect of the registration of a dealing shall exceed 10
times the prescribed fee that would have been payable in respect of the application which relates to the dealing if that
dealing had been registered on the date of the instrument supporting the application.
(3) The Registrar may remit, either in whole or in part, any additional fee payable under subsection (1) where
to do so is in his opinion just and equitable in all the circumstances of the case.
Section: 34 Power to compel registration
Remarks:
Not yet in operation
(1) Where the Registrar is satisfied that a person, without reasonable excuse, has failed to present to the
Cap 585 - LAND TITLES ORDINANCE 18
Registrar an application for the registration of a dealing, the Registrar may, by notice in writing served on the person,
require that person to present the application to the Registrar not later than 30 days after the notice is so served.
(2) Where an application in relation to which a notice has been issued under subsection (1)—
(a) is presented to the Registrar on a date on or before the expiration of 30 days after the service of the
notice—
(i) the prescribed fee payable in respect of the application; and
(ii) any additional fee payable under section 33 in respect of the application,
shall become due and payable on that date;
(b) is not presented to the Registrar on a date on or before the expiration of 30 days after the service of the
notice—
(i) the prescribed fee payable in respect of the application; and
(ii) any additional fee payable under section 33 in respect of the application,
shall become due and payable on the day immediately following the expiration of those 30 days.
Section: 35 Priority of registered matters
Remarks:
Not yet in operation
(1) Subject to subsections (3), (4), (5) and (6) and section 9 of Schedule 1, matters appearing in the Title
Register shall have priority according to the order in which the applications which led to their registration were
presented to the Registrar, irrespective of the dates of the applications (including the dates of the instruments, if any,
supporting the applications) and notwithstanding that the actual entry in the Title Register may be delayed.
(2) Where a first charge under the provisions of any enactment is not an overriding interest, then, in so far as
the charge relates to land, and notwithstanding those provisions or the fact that the term "first charge" is used therein,
that charge shall have priority as determined in accordance with subsection (1).
(3) Any first charges arising under section 67(2) of the Stamp Duty Ordinance (Cap 117) shall have priority
according to the order in which the instruments to which they respectively relate were registered under the Land
Registration Ordinance (Cap 128), irrespective of the order in which any such charges are registered under this
Ordinance and notwithstanding the operation of section 67(4) of the Stamp Duty Ordinance (Cap 117).
(4) It is hereby declared that where—
(a) a consent caution ("first consent caution") referred to in section 71(3) has been registered in respect of
a dealing;
(b) the provisional agreement for sale and purchase or agreement for sale and purchase to which the first
consent caution relates is stamped or endorsed under the Stamp Duty Ordinance (Cap 117); and
(c) another consent caution ("second consent caution"), accompanied by that stamped or endorsed
provisional agreement for sale and purchase or agreement for sale and purchase, as the case may be, is
registered in respect of that dealing not later than 30 days after the registration of the first consent
caution,
then the second consent caution shall enjoy the same priority as the first consent caution, as if it had been registered on
the same date as the first consent caution.
(5) If a consent caution is registered in relation to an interest under a provisional agreement for sale and
purchase or an agreement for sale and purchase, then, upon the registration of the dealing to which the consent caution
relates, the priority of all matters registered after that consent caution is registered shall be postponed as against that
dealing.
(6) A charging order or non-consent caution which is duly registered shall have priority from the
commencement of the day following the date of its registration.
Section: 36 Charging orders and lis pendens, etc.
Remarks:
Not yet in operation
(1) Subject to subsections (2), (3) and (4)—
Cap 585 - LAND TITLES ORDINANCE 19
(a) the registration of a charging order shall cease to have effect immediately upon the expiration of 5
years from the date of registration of the order but the order may be re-registered from time to time
and, if so re-registered, the re-registration of the order shall have effect for another 5 years from the
date of re-registration; and
(b) if the re-registration of a charging order is made before the expiration of a current period of registration
or re-registration of the order, then the order shall retain its original priority.
(2) The operation of subsection (1) in respect of a charging order shall be subject to any express stipulation to
the contrary contained in the order except any such stipulation which purports to provide that the registration of the
order shall have effect for a period longer than 5 years from the date of registration.
(3) The variation of a registered charging order shall be effected by the registration of an order of a court of
competent jurisdiction providing for the variation.
(4) The discharge of a registered charging order shall be effected by the removal of the entry in the Title
Register referring to the order consequent upon the presentation to the Registrar of an order of a court of competent
jurisdiction providing for the discharge.
(5) Without prejudice to the generality of any other provisions of this Ordinance under which the registration of
a judgment, order or lis pendens may be removed or withdrawn, subsections (1) and (2) shall, with all necessary
modifications, apply to a judgment, order or lis pendens as they apply to a charging order.
(6) A charging order, judgment or order shall be registered in the manner prescribed by the regulations.
Section: 37 Form and effect of charges
Remarks:
Not yet in operation
(1) A charge on registered land or a registered long term lease shall be effected by—
(a) its registration as an incumbrance; and
(b) the registration of the person in whose favour it is made as its owner.
(2) Where, in relation to a registered charge which is a charge to which Part 8 of the Companies Ordinance
(Cap 622) applies, there is any conflict or inconsistency between the provisions of this Ordinance and the provisions
of that Part, then the provisions of that Part (including that Part as read with any other provisions of the Companies
Ordinance (Cap 622) to which it is subject) shall, to the extent of the conflict or inconsistency, as the case may be,
prevail over the provisions of this Ordinance. (Amended 28 of 2012 ss. 912 & 920)
(3) For the avoidance of doubt, it is hereby declared that—
(a) a registered charge shall not operate as a transfer of the registered land or the registered long term lease
which is subject to the charge but shall have effect as a security only; and
(b) where the registered charge is a mortgage effected by a legal charge within the meaning of section 2 of
the Conveyancing and Property Ordinance (Cap 219), the registration of the charge under this
Ordinance shall not affect the operation of section 44(2) of that Ordinance.
Section: 38 Second or subsequent charges
Remarks:
Not yet in operation
The owner of registered land, or the lessee of a registered long term lease, which is subject to a registered charge
may effect a second or subsequent registered charge in the same manner as a first registered charge and—
(a) subject to paragraph (b), for that purpose the provisions of this Ordinance which apply to a first
registered charge shall apply to a second or subsequent registered charge in the same manner as those
provisions apply to a first registered charge; and
(b) any power of sale expressed or implied in a second or subsequent registered charge shall be subject to
all prior registered charges which have not been discharged.
Cap 585 - LAND TITLES ORDINANCE 20
Section: 39 Charge on registered charge
Remarks:
Not yet in operation
The owner of a registered charge may effect a charge on any interest he has in the registered charge and any
charge so effected may be registered as an incumbrance specifying the person in whose favour it is made as the owner.
Section: 40 Discharge or partial discharge of registered charge
Remarks:
Not yet in operation
A discharge or partial discharge of a registered charge shall be effected by—
(a) in the case of a discharge, the removal of the entry in the Title Register referring to the charge;
(b) in the case of a partial discharge, the alteration of the entry in the Title Register referring to the charge
or its removal or substitution by a new entry, as the case may require.
Section: 41 Satisfaction of registered charge
Remarks:
Not yet in operation
On proof to the satisfaction of the Registrar—
(a) that all money or money's worth due under a registered charge has been paid to the chargee or by his
direction;
(b) that there has been fulfilment of all the conditions to which a registered charge relates;
(c) that part of money or money's worth due under a registered charge has been paid to the chargee or by
his direction; or
(d) that there has been fulfilment of some of the conditions to which a registered charge relates,
the Registrar shall—
(e) in the case of paragraph (a) or (b), remove the entry in the Title Register referring to the charge;
(f) in the case of paragraph (c) or (d), alter the entry in the Title Register referring to the charge or remove
the entry or substitute a new entry, as the case may require.
Section: 42 Floating charge
Remarks:
Not yet in operation
(1) Subject to subsection (3), an instrument providing for a floating charge, whether or not it specifically
identifies any registered land or registered long term lease charged, shall not be registrable as a charge.
(2) An instrument providing for a floating charge becomes—
(a) an instrument providing for a fixed charge on the registered land or the registered long term lease
intended to be affected; and
(b) registrable as a charge on that land or lease,
upon crystallization of that charge as evidenced by a certificate signed by or on behalf of the chargee.
(3) An instrument providing for a fixed charge and a floating charge shall be registrable as a charge on the
registered land or the registered long term lease which is subject to the fixed charge.
Section: 43 Transfer
Remarks:
Not yet in operation
Cap 585 - LAND TITLES ORDINANCE 21
(1) A transfer of registered land, a registered charge or a registered long term lease shall be effected by the
registration of the transferee as—
(a) the owner of the registered land;
(b) the owner of the registered charge; or
(c) the lessee of the registered long term lease,
as the case may be.
(2) The transferee of a registered charge may require the chargor to execute the transfer for the purpose of
acknowledging the amount due under the charge at the date of execution of the transfer, and the chargor shall comply
with that requirement accordingly.
Section: 44 Division of land, etc.
Remarks:
Not yet in operation
(1) Subject to subsections (2) and (3), the Registrar shall not accept an application the registration of which will
effect a division of registered land unless, in respect of each of the parcels of land to result from the division, the
instrument accompanying the application and providing for the division is accompanied by a land boundary plan—
(a) showing and delineating those parcels; and
(b) subject to subsection (4), signed and certified by an authorized land surveyor.
(2) Without prejudice to the generality of subsections (3) and (4)—
(a) subject to paragraph (b), it shall not be necessary for an instrument referred to in subsection (1) to be
accompanied by a land boundary plan referred to in subsection (1) where the division of registered
land concerned is provided for by a will or judgment and that instrument is the grant of probate in
respect of the will, or the judgment, as the case may be;
(b) it shall be necessary for an instrument accompanying an application presented for the registration of a
dealing to effect the passing of title to any parcel of land resulting from that division to be
accompanied by such a land boundary plan.
(3) It shall not be necessary for an instrument referred to in subsection (1) or (2)(b) to be accompanied by a
land boundary plan referred to in that subsection if the instrument was executed before the commencement of section
30 of the Land Survey Ordinance (Cap 473).
(4) It shall not be necessary for a land boundary plan—
(a) accompanying an instrument referred to in subsection (1) or (2)(b); and
(b) which has been prepared by the Government,
to be signed and certified by an authorized land surveyor.
Section: 45 Implied covenants for title
Remarks:
Not yet in operation
(1) For the avoidance of doubt, it is hereby declared that—
(a) the provisions of this Ordinance shall not prejudice the operation of section 35 of the Conveyancing
and Property Ordinance (Cap 219); and
(b) no reference to a covenant implied under that section shall be entered in the Title Register.
(2) Where a covenant implied under section 35 of the Conveyancing and Property Ordinance (Cap 219) is to be
excluded, varied or extended in a transfer of registered land or a registered charge, express reference shall be made to
the covenant so excluded, varied or extended in the instrument supporting the transfer or registered charge.
(3) Where a transfer or charge is supported by an instrument mentioned in subsection (2), then the registration
of the transfer or charge shall of itself effect the registration of the covenant implied under section 35 of the
Conveyancing and Property Ordinance (Cap 219) as varied or extended by the transfer or charge.
Cap 585 - LAND TITLES ORDINANCE 22
Section: 46 Provisions as between vendor and purchaser
Remarks:
Not yet in operation
(1) On a sale of registered land or a registered long term lease to a purchaser—
(a) the vendor shall, subject to any stipulation to the contrary, provide the purchaser with—
(i) a copy of the current entries in the Title Register;
(ii) a copy of any instrument referred to in any such entry;
(iii) a copy of any plan referred to in any such entry or instrument; and
(iv) such other documents as may be prescribed by the regulations,
so far as any such entries, instrument, plan or documents respectively affect the land or lease (except
registered incumbrances which are to be discharged at or prior to completion of the sale);
(b) the vendor shall, subject to subsection (2) and to any stipulation to the contrary, at his own expense
provide the purchaser with particulars of any overriding interests affecting the land or lease of which
he has, or ought reasonably to have, knowledge; and
(c) where the vendor is not the owner of the land or of a registered charge giving a power of sale over the
land, or the lessee of the lease, he shall, at the request of the purchaser and at his own expense, and
notwithstanding any stipulation to the contrary, procure—
(i) the registration of himself as the owner of the land or charge or the lessee of the lease; or
(ii) a disposition of the land, charge or lease from the owner to the purchaser.
(2) Where, on the first transfer on or after the date of first registration of land, the vendor has, or ought
reasonably to have, knowledge of an overriding interest which might affect the land—
(a) the vendor shall, notwithstanding any stipulation to the contrary, and whether under subsection (1)(b)
or otherwise, at his own expense provide the purchaser of the land with full particulars of the interest;
and
(b) the purchaser shall include the particulars provided to him under paragraph (a) in the application
presented to the Registrar for the registration of the transfer.
(3) Notwithstanding any stipulation to the contrary, on a sale of registered land or a registered long term lease,
a purchaser shall only be entitled to require from the vendor the matters required to be provided by the vendor to the
purchaser under this section.
Section: 47 Transfer subject to lease
Remarks:
Not yet in operation
A transfer of registered land or a registered long term lease which is subject to a lease shall be valid without the
lessee of the last-mentioned lease acknowledging the transferee as lessor, but nothing in this section shall—
(a) affect the validity of any payment of rents made by the lessee to the transferor; or
(b) render the lessee liable, on account of his failure to pay rents to the transferee, for any breach of
agreement to pay rents,
before a notice of the transfer is given to the lessee by the transferor or transferee.
Section: 48 Leases other than long term leases
Remarks:
Not yet in operation
(1) The Registrar shall register—
(a) the grant of a lease;
(b) any transaction concerning a lease where the lessee's interest in the lease is or is to be affected by the
transaction.
(2) In this section, "lease" (租契) does not include—
Cap 585 - LAND TITLES ORDINANCE 23
(a) a lease which is an overriding interest;
(b) a lease of any land which is not registered land; or
(c) a long term lease.
Section: 49 Long term leases
Remarks:
Not yet in operation
(1) An application for the registration of a long term lease shall be made by the first lessee of the long term
lease granted by the owner of the registered land on or after the date of first registration of the land.
(2) Where, on the grant of a long term lease by the owner of the registered land on or after the date of first
registration of the land, the owner has, or ought reasonably to have, knowledge of an overriding interest which might
affect the long term lease—
(a) the owner shall, notwithstanding any stipulation to the contrary, at his own expense provide the first
lessee of the long term lease with full particulars of the interest; and
(b) the first lessee shall include the particulars provided to him under paragraph (a) in the application
presented to the Registrar under subsection (1).
(3) The Registrar may register a long term lease which is the subject of an application under subsection (1) if
the Registrar is satisfied that the application complies with the provisions of this Ordinance applicable to it.
(4) The Registrar shall register a long term lease which is the subject of an application under subsection (1) by
—
(a) making an entry in the Title Register specifying that the applicant is the lessee of the long term lease;
and
(b) entering such other particulars in the Title Register relating to the lease as the Registrar considers
appropriate.
(5) The date of first registration of a long term lease registered under this section shall be the date on which the
application for registration of the lease was delivered to the Land Registry.
Section: 50 Termination of leases
Remarks:
Not yet in operation
Where a registered lease is terminated (whether by surrender, forfeiture, re-entry or otherwise), the Registrar
shall remove the entry in the Title Register referring to the lease on the presentation of an application to the Registrar
therefor together with—
(a) the instrument, if any, providing for the termination; or
(b) such other evidence as satisfies the Registrar that the lease has been terminated.
Section: 51 Easements
Remarks:
Not yet in operation
(1) An instrument creating, or evidencing the existence of, an easement shall specify—
(a) the nature of the easement, the period for which it is granted and any conditions, limitations or
restrictions intended to affect its enjoyment;
(b) the registered land or the registered long term lease burdened by the easement and, if required by the
Registrar, the particular part of the land so burdened; and
(c) the registered land or the registered long term lease which enjoys the benefit of the easement and, if
required by the Registrar, the particular part of the land so benefited.
(2) The registration of an easement shall be effected by the entering in the Title Register of particulars of the
instrument creating, or evidencing the existence of, the easement both in respect of the registered land or the registered
Cap 585 - LAND TITLES ORDINANCE 24
long term lease burdened and the registered land or the registered long term lease benefited by the easement.
Section: 52 Covenants
Remarks:
Not yet in operation
(1) Where an instrument, other than a lease or charge, provides for a covenant (whether positive or restrictive
in effect)—
(a) which relates to registered land or a registered long term lease of the covenantor;
(b) the burden of which is expressed or intended to run with the registered land or the registered long term
lease of the covenantor; and
(c) which is expressed and intended to benefit the registered land or the registered long term lease of the
covenantee and his successors in title or persons deriving title to that land or lease under or through
him or them,
the registration of the covenant shall be effected by the entering in the Title Register of particulars of that instrument
both in respect of the registered land or the registered long term lease burdened and the registered land or the
registered long term lease benefited by the covenant.
(2) Subject to section 28, an instrument providing for a covenant shall not affect registered land or a registered
long term lease unless particulars of the instrument are entered in the Title Register.
(3) In this section, "covenant" (契諾) does not include a deed of mutual covenant within the meaning of
section 53.
(4) For the avoidance of doubt, it is hereby declared that this section shall not prejudice the operation of section
45.
Section: 53 Deeds of mutual covenant
Remarks:
Not yet in operation
(1) The registration of a deed of mutual covenant shall be effected by—
(a) its registration as an incumbrance; and
(b) entering particulars of the deed in the Title Register.
(2) The registration of any alteration or addition to a registered deed of mutual covenant shall be effected by—
(a) adding to or altering the entry in the Title Register referring to the deed; or
(b) removing that entry and substituting a new entry in relation to the deed.
(3) On proof to the satisfaction of the Registrar that a registered deed of mutual covenant, including any
registered alterations or additions, has been extinguished or otherwise terminated, the Registrar shall remove the entry
in the Title Register referring to the deed.
(4) The registration of a deed of mutual covenant under this section shall also effect the registration of any
easement, right or covenant provided for in the deed which affects the registered land or registered long term lease
concerned.
(5) In this section—
"deed of mutual covenant" (公契) includes a document which defines the rights, interests and obligations of owners
among themselves;
"owner" (業主) has the meaning assigned to it by section 2 of the Building Management Ordinance (Cap 344).
(6) For the avoidance of doubt, it is hereby declared that, except to the extent provided by this Ordinance,
nothing in this section shall prejudice the operation of sections 39, 40 and 41 of the Conveyancing and Property
Ordinance (Cap 219).
Cap 585 - LAND TITLES ORDINANCE 25
Section: 54 Release and extinguishment of registered easements and
covenants
Remarks:
Not yet in operation
(1) On the registration of an executed release in respect of a registered easement or covenant—
(a) the easement or covenant is thereupon extinguished; and
(b) the Registrar shall remove the entry in the Title Register referring to that easement or covenant.
(2) The Registrar shall, on—
(a) application presented to him by a person affected by a registered easement or covenant; and
(b) proof to his satisfaction that—
(i) the period for which the easement or covenant was intended to exist has expired;
(ii) the event upon which the easement or covenant was intended to determine has occurred; or
(iii) the easement or covenant has otherwise ceased to have effect,
remove the entry in the Title Register referring to that easement or covenant.
Section: 55 Modification or partial extinguishment of registered
easements and covenants
Remarks:
Not yet in operation
The Registrar shall register an application for the modification or partial extinguishment of a registered easement
or covenant where—
(a) the application is accompanied by an instrument providing for the modification or partial
extinguishment; and
(b) the Registrar is satisfied that each owner of the registered land or each lessee of the registered long
term lease burdened or benefited by the easement or covenant consents to the modification or partial
extinguishment.
Section: 56 Saving of certain rights
Remarks:
Not yet in operation
Nothing in this Ordinance shall be construed as altering any rule of law which implies in the grant or reservation
of an easement such ancillary rights as are necessary for effective enjoyment of the easement.
Section: 57 Registration of more than one owner
Remarks:
Not yet in operation
(1) An instrument providing for a transfer made in favour of 2 or more persons shall not be registered unless it
shows, in respect of the registered land or the registered long term lease to which it relates—
(a) whether the persons are joint tenants or tenants in common; and
(b) where the persons are tenants in common, the share of each owner or lessee.
(2) The entry made in the Title Register to effect the registration of an instrument referred to in subsection (1)
shall show the particulars required to be shown in that instrument under paragraphs (a) and (b) of that subsection.
Section: 58 No interference with rights of succession, etc.
Remarks:
Cap 585 - LAND TITLES ORDINANCE 26
Not yet in operation
Nothing in this Ordinance shall be construed as affecting—
(a) a right which the owner of registered land or a registered charge, or the lessee of a registered long term
lease, has to make a will, under the law relating to testamentary disposition, disposing of the land,
charge or lease on his death;
(b) the law of intestate succession;
(c) a right of succession to land under Part II of the New Territories Ordinance (Cap 97) (including that
Part as read with section 12 of the New Territories Land (Exemption) Ordinance (Cap 452)); or
(d) the operation of section 15 or 18 of the New Territories Ordinance (Cap 97).
Part: 8 INSTRUMENTS
Remarks:
Not yet in operation
Section: 59 Form of instruments
Remarks:
Not yet in operation
(1) A disposition of registered land, a registered charge or a registered long term lease, or the grant or
reservation of an easement over registered land or a registered long term lease, may be made in any manner as could
have been done prior to the date of first registration of the land or lease except where—
(a) such a disposition, grant or reservation is required to be made by an instrument in the specified form
and there is such a specified form; or
(b) notwithstanding that such a disposition, grant or reservation is not required to be made by an
instrument in the specified form, the Registrar has exercised his power under section 99 to specify the
form of such an instrument.
(2) An instrument, where applicable, shall contain a true statement of the amount or value of any purchase
price or loan or other consideration.
Section: 60 Stamping
Remarks:
Not yet in operation
(1) Without prejudice to the operation of section 15(3) of the Stamp Duty Ordinance (Cap 117), no instrument
required by law to be stamped shall be accepted for registration of any matter unless the instrument is stamped in
accordance with the requirements of that Ordinance.
(2) Subject to section 71(3) and without prejudice to the operation of section 15(3) of the Stamp Duty
Ordinance (Cap 117), where an application for the registration of a consent caution, a non-consent caution, an
inhibition or a restriction for the purpose of protecting an interest in registered land, a registered charge or a registered
long term lease is supported by an instrument required by law to be stamped, the registration shall not be proceeded
with unless the instrument is stamped in accordance with the requirements of the Stamp Duty Ordinance (Cap 117).
Section: 61 Minors
Remarks:
Not yet in operation
(1) Nothing in this section enables a minor who is the owner of registered land or a registered charge, or the
lessee of a registered long term lease, to deal with the land, charge or lease or with an interest in the land, charge or
lease.
Cap 585 - LAND TITLES ORDINANCE 27
(2) Where a disposition by a minor of registered land, a registered charge or a registered long term lease has
been registered and—
(a) the person to whom the disposition is made acted in good faith and for valuable consideration; and
(b) the fact that the minor was a minor was not disclosed to that person at any time before the registration
of the disposition,
that disposition shall not be set aside only on the ground that the disposition was made by a minor.
(3) For the avoidance of doubt, it is hereby declared that where the owner of registered land or a registered
charge, or the lessee of a registered long term lease, is a minor and that fact is disclosed to the Registrar in any
application for registration made by him, then the name of that minor shall be entered in the Title Register with the
addition after the minor's English name of the words "a minor" and with the addition after his Chinese name of the
words "未成年人".
Part: 9 TRANSMISSIONS AND TRUSTS
Remarks:
Not yet in operation
Section: 62 Transmission
Remarks:
Not yet in operation
(1) Without prejudice to the operation of sections 63, 64, 65, 66, 67 and 68, where a person becomes entitled to
registered land, a registered charge or a registered long term lease under an order of a court of competent jurisdiction,
under an enactment or by operation of law (including in the capacity of trustee), the Registrar shall, on the
presentation to him by the person of such evidence as the Registrar requires, register the person so entitled—
(a) as the owner, or as the owner in the capacity of trustee, of the land or charge; or
(b) as the lessee, or as the lessee in the capacity of trustee, of the lease,
as the case may require.
(2) The registration of a person under subsection (1) as the owner, or as the owner in the capacity of trustee, of
registered land shall be treated as only confirming that the person has the same legal estate or equitable interest and
rights as would have been vested in that person if the land had been transferred to him and he had been registered as
the owner of the land under section 25.
(3) The registration of a person under subsection (1) as the lessee, or as the lessee in the capacity of trustee, of a
registered long term lease shall be treated as only confirming that the person has the same interest and rights as would
have been vested in that person if he had been registered as the lessee of the lease under section 26.
Section: 63 Transmission on death of joint tenant
Remarks:
Not yet in operation
(1) Subject to subsection (2), where one of 2 or more joint tenants of registered land, a registered charge or a
registered long term lease dies, the Registrar, on proof to his satisfaction of the death, shall remove the name of the
deceased from the Title Register.
(2) The Registrar shall not remove the name of a deceased from the Title Register under subsection (1) until he
is satisfied that—
(a) estate duty is not payable under the Estate Duty Ordinance (Cap 111) on the deceased's interest in
registered land or the registered long term lease concerned; or
(b) where such estate duty is payable on such interest—
(i) the estate duty has been paid in accordance with the provisions of that Ordinance; or
(ii) the payment of the estate duty has been secured to the satisfaction of the Commissioner under
section 15 of the Estate Duty Ordinance (Cap 111).
Cap 585 - LAND TITLES ORDINANCE 28
Section: 64 Transmission on death of sole owner or tenant in common
Remarks:
Not yet in operation
(1) Where a sole owner or tenant in common of registered land or a registered charge dies, or a sole lessee of or
one of 2 or more lessees holding as tenants in common of a registered long term lease dies, his personal representative
shall, on the presentation to the Registrar of the grant concerned, be entitled to be registered as the owner of the land
or charge, or as the lessee of the lease, in the place of the deceased, with the addition after the personal representative's
English name of the words "as executor of the will of ............. deceased" or "as administrator of the estate of .............
deceased", as the case may be, and after the personal representative's Chinese name of the words "作為死者.......的
遺囑執行人" or "作為死者.......的遺產管理人", as the case may be.
(2) Where a sole owner or tenant in common of registered land or a registered charge dies, or a sole lessee of or
one of 2 or more lessees holding as tenants in common of a registered long term lease dies, the Registrar may, on the
presentation to him of the grant concerned by the personal representative of the deceased owner or lessee, and without
requiring the personal representative to be registered in accordance with subsection (1), register—
(a) a transfer of the land, charge or lease by the personal representative; or
(b) a discharge of the charge by the personal representative.
(3) Where under section 17 of the New Territories Ordinance (Cap 97) as read with section 12 of the New
Territories Land (Exemption) Ordinance (Cap 452) any registered land is vested in any person as a successor, that
person shall, on the presentation to the Registrar of evidence which satisfies the Registrar that the land has so vested,
be entitled to be registered as the owner of the land in place of the deceased person concerned.
(4) In this section, "grant" (授予承辦證明) means—
(a) the grant of the probate of the will;
(b) the grant of letters of administration of the estate; or
(c) evidence of the summary administration, under section 15 of the Probate and Administration
Ordinance (Cap 10), of the estate,
of the deceased owner of registered land or a registered charge, or the deceased lessee of a registered long term lease,
and includes the resealing of the grant.
Section: 65 Transmission on death of trustee
Remarks:
Not yet in operation
Where a trustee who in that capacity is registered as the owner of registered land or a registered charge dies, or
where a trustee who in that capacity is registered as the trustee of a registered long term lease dies, his personal
representative or any surviving or newly appointed trustee shall, on the presentation to the Registrar of such evidence
as the Registrar requires, be entitled to be registered as the owner of the land or charge, or as the lessee of the lease, in
the place of the deceased, with the addition after his English name of the words “as trustee” and with the addition
after his Chinese name of the words“作為受託人”.
Section: 66 Effect of transmission on death and dealing by personal
representative
Remarks:
Not yet in operation
A personal representative who in that capacity is registered as the owner of registered land or a registered
charge, or as the lessee of a registered long term lease shall—
(a) be subject to any interests to which the land, charge or lease is subject at the time of registration of the
personal representative as the owner or lessee, as the case may be; and
(b) without prejudice to paragraph (a), for the purposes of any dealing in the land, charge or lease, have—
Cap 585 - LAND TITLES ORDINANCE 29
(i) unrestricted power of sale over the land, charge or lease;
(ii) all the rights conferred under this Ordinance or any other enactment on the owner of registered
land or a registered charge, or the lessee of a registered long term lease, as the case may be, who
has acquired the land, charge or lease for valuable consideration.
Section: 67 Transmission on bankruptcy
Remarks:
Not yet in operation
(1) A trustee in bankruptcy shall, on the presentation to the Registrar of a sealed copy of the order of the Court
—
(a) adjudging the owner of registered land or a registered charge bankrupt, or the lessee of a registered
long term lease bankrupt; or
(b) directing that the estate of the deceased owner of registered land or a registered charge, or the deceased
lessee of a registered long term lease shall be administered according to the law of bankruptcy,
be entitled to be registered as the owner of the land or charge, or as the lessee of the lease, in the place of the bankrupt
or deceased owner or lessee, with the addition after the English name of the trustee in bankruptcy of the words "as
trustee of the property of ............. a bankrupt", and with the addition after the Chinese name of the trustee in
bankruptcy of the words "作為破產人...........的財產的受託人".
(2) A trustee in bankruptcy who in that capacity is registered as the owner of registered land or a registered
charge, or as the lessee of a registered long term lease shall—
(a) be subject to—
(i) any restrictions (including any rights) provided for in the Bankruptcy Ordinance (Cap 6) or any
other enactment; and
(ii) any interests subject to which the bankrupt or deceased owner of the land or charge or lessee of
the lease held the land, charge or lease immediately prior to his bankruptcy or death;
(b) without prejudice to paragraph (a), for the purposes of any dealing in the land, charge or lease, have—
(i) unrestricted power of sale over the land, charge or lease;
(ii) all the rights conferred under this Ordinance or any other enactment on the owner of registered
land or a registered charge, or the lessee of a registered long term lease, as the case may be, who
has acquired the land, charge or lease for valuable consideration.
Section: 68 Transmission on liquidation
Remarks:
Not yet in operation
(1) Where a company is being wound up—
(a) the liquidator of the company shall present to the Registrar the resolution or order under which he
holds his appointment as liquidator; and
(b) on the presentation of the resolution or order, the Registrar shall enter the appointment in the Title
Register in respect of any registered land, registered charge or registered long term lease of which the
company is the owner or lessee.
(2) An instrument executed by or on behalf of a company being wound up presented to the Registrar for
registration after the appointment of the liquidator of the company has been entered in the Title Register shall—
(a) in the case of a company required by law to have a common seal, be sealed with the common seal of
the company and attested by the liquidator;
(b) in any other case, be signed by the liquidator.
(3) Where an order has been made under section 198 of the Companies (Winding Up and Miscellaneous
Provisions) Ordinance (Cap 32) vesting in the liquidator of a company any registered land, registered charge or
registered long term lease of which the company is the owner or lessee— (Amended 28 of 2012 ss. 912 & 920)
(a) the liquidator shall present the order to the Registrar; and
(b) on the presentation of the order, the Registrar shall register the liquidator as the owner or lessee, as the
Cap 585 - LAND TITLES ORDINANCE 30
case may be, of the land, charge or lease.
(4) Where under subsection (3) the liquidator of a company is registered as the owner of registered land or a
registered charge, or as the lessee of a registered long term lease, the liquidator shall be subject to—
(a) any restrictions (including any rights) provided for in the Companies (Winding Up and Miscellaneous
Provisions) Ordinance (Cap 32) or any other enactment; and
(b) any interests subject to which the company held the land, charge or lease immediately prior to the
order made under section 198 of the Companies (Winding Up and Miscellaneous Provisions)
Ordinance (Cap 32) by virtue of which the land, charge or lease was vested in the liquidator.
(Amended 28 of 2012 ss. 912 & 920)
Section: 69 Trusts
Remarks:
Not yet in operation
(1) A person who, in the capacity of trustee (other than as a personal representative or trustee in bankruptcy)—
(a) acquires registered land, a registered charge or a registered long term lease;
(b) holds a registered charge;
(c) holds a long term lease; or
(d) becomes the lessee of a Government lease issued on or after the appointed day,
may be described by that capacity in the relevant instrument, and, if so described, shall be registered with the addition
of the words "as trustee" and“作為受託人”, but the Registrar shall not enter particulars of the trust concerned in
the Title Register.
(2) Where the owner of registered land or a registered charge, or the lessee of a registered long term lease,
makes a declaration of trust in respect of the land, charge or lease, or otherwise comes to hold the land, charge or lease
as a trustee (other than as a personal representative or trustee in bankruptcy), the Registrar shall, on the presentation of
an application for the registration of a transfer of the land, charge or lease supported by the declaration or other
instrument by virtue of which the owner comes to hold the land, charge or lease as a trustee, add the words "as trustee"
after that person's English name and add the words“作為受託人”after that person's Chinese name in the Title
Register concerned, but the Registrar shall not enter particulars of the trust concerned in the Title Register.
(3) For the avoidance of doubt, it is hereby declared that subsections (1) and (2) shall not prevent the making of
an entry of a consent caution, non-consent caution, inhibition or restriction in the Title Register by reason only of the
fact that the entry contains particulars of a trust.
(4) A person who, in the capacity of trustee, is registered under this section as the owner of registered land or a
registered charge, or as the lessee of a registered long term lease—
(a) shall be subject to any interests to which the land, charge or lease is subject at the time of registration
of the person as the owner or lessee, as the case may be; and
(b) without prejudice to paragraph (a), for the purposes of any dealing in the land, charge or lease, shall
have all the rights conferred under this Ordinance or any other enactment on the owner of registered
land or a registered charge, or the lessee of a registered long term lease, as the case may be, who has
acquired the land, charge or lease for valuable consideration.
(5) No breach of the terms of the trust to which the person, land, charge or lease referred to in subsection (4) is
subject shall create any right or indemnity under this Ordinance.
Section: 70 Protection of person dealing with trustees
Remarks:
Not yet in operation
Where a person, in the capacity of trustee, is registered as the owner of registered land or a registered charge, or
as the lessee of a registered long term lease, he shall, in dealing with the land, charge or lease, be deemed to be the
owner of that land or charge or lessee of that lease, and no disposition that amounts to a breach of trust by the trustee
to a bona fide purchaser for valuable consideration shall be defeasible by reason only of the fact of that breach.
Cap 585 - LAND TITLES ORDINANCE 31
Part: 10 CAUTIONS AND RESTRAINTS ON DISPOSITION
Remarks:
Not yet in operation
Section: 71 Registration of cautions
Remarks:
Not yet in operation
(1) A person who intends to effect a dealing in registered land, a registered charge or a registered long term
lease may present to the Registrar an application for the registration of a consent caution in respect of the dealing if he
has obtained the consent of the relevant person specified in subsection (2).
(2) For the purposes of subsection (1), the relevant person is—
(a) the owner of the registered land or registered charge, or the lessee of the registered long term lease, as
the case may be; or
(b) the cautioner under a registered consent caution with whom any person intends to enter into a dealing
in respect of an interest that the cautioner claims under that registered consent caution.
(3) Where an instrument which is a provisional agreement for sale and purchase or an agreement for sale and
purchase in respect of registered land or a registered long term lease has been or will be presented for stamping or
endorsement under the Stamp Duty Ordinance (Cap 117), then a consent caution in respect of that dealing may be
registered if the application for the registration of the consent caution is accompanied by a statutory declaration by the
purchaser under the dealing to the effect that the instrument has been or will be so presented.
(4) A person who—
(a) claims any interest, whether contractual or otherwise, in registered land or a registered charge, or a
registered long term lease; or
(b) has presented a winding-up petition against the owner of registered land or a registered charge, or the
lessee of a registered long term lease,
may present to the Registrar an application for the registration of a non-consent caution in respect of the claim or
petition, as the case may be (and whether or not that person is the owner of that land or the lessee of that lease).
(5) The reference to interest in subsection (4)(a) shall include—
(a) (Repealed 28 of 2012 ss. 912 & 920)
(b) in any case where a gift inter vivos of any property is made and estate duty would be payable by virtue
of section 6(1)(c) of the Estate Duty Ordinance (Cap 111), a first charge under section 18(1) of that
Ordinance which may arise by virtue of the gift.
(6) A transfer by a natural person of registered land or a registered long term lease by way of gift inter vivos
shall not be registered unless there is registered at the same time a non-consent caution to the effect that, in
consequence of that transfer, the land or lease is or may become subject to a first charge under section 18(1) of the
Estate Duty Ordinance (Cap 111).
(7) Notwithstanding subsection (4), for the purposes of subsection (6), an application for the registration of a
transfer referred to in subsection (6) shall be accompanied by an application for the registration of a non-consent
caution referred to in subsection (6) made by the same person who makes the application for registration of the
transfer.
(8) The Commissioner, within the meaning of the Estate Duty Ordinance (Cap 111), shall be entered in the
Title Register as the cautioner in respect of a non-consent caution referred to in subsection (7) which has been
registered, and the other provisions of this Ordinance (including section 73) shall be construed accordingly.
(9) The Registrar may require the person presenting an application for the registration of a consent caution or
non-consent caution to support the application by such evidence as the Registrar requires.
(10) Subject to subsections (11) and (12), the Registrar shall register a consent caution or non-consent caution.
(11) The Registrar may refuse to register a consent caution or non-consent caution the purpose of which he
considers can be effected by an entry in the Title Register other than an entry referring to the caution.
(12) An instrument providing for a floating charge, whether or not it specifically identifies any registered land or
registered long term lease charged, shall not be treated as providing for a matter registrable as a consent caution or
non-consent caution.
Cap 585 - LAND TITLES ORDINANCE 32
(13) A lis pendens shall be treated as providing for a matter registrable as a non-consent caution.
Section: 72 Effect of cautions, etc.
Remarks:
Not yet in operation
(1) Where a consent caution has been registered in respect of registered land, a registered charge or a registered
long term lease, the consent caution shall not of itself prohibit the registration of matters in the Title Register affecting
the land, charge or lease.
(2) Where a non-consent caution has been registered in respect of registered land, a registered charge or a
registered long term lease, the non-consent caution shall not of itself prohibit the making of entries in the Title
Register affecting the land, charge or lease.
(3) For the avoidance of doubt, it is hereby declared that the registration of a consent caution shall not—
(a) of itself affect the validity or otherwise of the interest which is the subject of the consent caution; or
(b) without prejudice to the generality of paragraph (a), constitute a warranty, or a guarantee, as to the
validity of the interest which is the subject of the consent caution.
(4) For the avoidance of doubt, it is hereby declared that the registration of a non-consent caution shall not—
(a) of itself affect the validity or otherwise of the winding-up petition or claim which is the subject of the
non-consent caution; or
(b) without prejudice to the generality of paragraph (a), constitute a warranty, or a guarantee, as to the
validity of the winding-up petition or claim.
Section: 73 Withdrawal and removal of cautions
Remarks:
Not yet in operation
(1) A consent caution or non-consent caution may be withdrawn on the presentation to the Registrar by the
cautioner of an application for the withdrawal of the caution.
(2) A consent caution or non-consent caution may be removed on the presentation to the Registrar of an
application for its removal—
(a) in any case, by a person who has obtained an order of the Court for its removal;
(b) in the case of a consent caution, by the owner of the registered land or the registered charge, or the
lessee of the registered long term lease, affected by the caution, but only if the Registrar is satisfied
that the cautioner has agreed to its removal; or
(c) in the case of a non-consent caution, by the owner of the registered land or the registered charge, or the
lessee of the registered long term lease, affected by the caution, but only if the Registrar—
(i) is satisfied that the owner or lessee has provided a copy of the application to the cautioner not
less than 14 days before the presentation of the application to the Registrar; and
(ii) is satisfied—
(A) that the caution was wrongfully registered;
(B) that the ground on which the caution was registered no longer exists; or
(C) that the cautioner consents to the removal of the caution.
(3) Where the subject of a non-consent caution is a first charge under section 18(1) of the Estate Duty
Ordinance (Cap 111), then the Registrar may be satisfied for the purposes of subsection (2)(c)(ii) if the application
referred to in that subsection is accompanied by—
(a) a statutory declaration made by the donor concerned, not less than 3 years after the date on which the
gift concerned was made, that he is still alive;
(b) a death certificate showing a date of death of the donor concerned which is a date not less than 3 years
after the date on which the gift concerned was made;
(c) any other evidence proving that the donor concerned is or was alive not less than 3 years after the date
on which the gift concerned was made; or
(d) papers proving that—
Cap 585 - LAND TITLES ORDINANCE 33
(i) the estate duty (including any interest thereon) to which the charge relates has been paid; or
(ii) no estate duty is required to be paid in respect of the land or lease to which the charge relates.
(4) The Registrar may require the owner of registered land or a registered charge, or the lessee of a registered
long term lease, presenting an application for the removal of a consent caution or non-consent caution under
subsection (2)(b) or (c) to support the application by such evidence as the Registrar requires.
(5) A person with an interest in registered land, a registered charge or a registered long term lease affected by a
consent caution or non-consent caution may apply by originating summons to the Court for the removal of the caution,
and the Court may make such order on the originating summons and as to costs as to the Court appears just.
(6) On the withdrawal or removal of a consent caution or non-consent caution—
(a) the Registrar shall remove the entry in the Title Register referring to the caution; and
(b) any liability of the cautioner previously incurred under section 74 shall not be affected by the removal
of that entry.
(7) The Registrar shall give effect to an order made under subsection (2)(a) or (5) in accordance with the
provisions of the order.
Section: 74 Wrongful cautions
Remarks:
Not yet in operation
(1) A person who applies to register a consent caution or non-consent caution without reasonable cause shall be
liable, in an action for damages at the suit of—
(a) the owner of the registered land or registered charge concerned;
(b) the lessee of the registered long term lease concerned; or
(c) any other person who has an interest in the land, charge or lease,
to pay compensation to the owner, lessee or other person for any damage sustained thereby, in such amount as to the
Court appears just.
(2) A cautioner under a registered consent caution or non-consent caution who fails, without reasonable excuse,
to apply to the Registrar for the withdrawal of the caution within a reasonable period of time after the ground on which
it was registered ceases to exist, shall be liable, in an action for damages at the suit of a person referred to in
subsection (1)(a), (b) or (c), to pay compensation to that person for any damage sustained thereby, in such amount as
to the Court appears just.
Section: 75 Power of Court to inhibit dealings
Remarks:
Not yet in operation
(1) The Court may, if it appears to the Court that it is necessary or desirable to do so for the purpose of
protecting an interest or claim in relation to registered land, a registered charge or a registered long term lease, make
an order inhibiting the registration of any dealing in the land, charge or lease, on such terms and conditions as it thinks
fit—
(a) for a particular period;
(b) until the occurrence of a particular event; or
(c) generally until the making of a further order by the Court.
(2) The person who has obtained an inhibition shall present to the Registrar an application for the registration
of the inhibition, supported by a copy of the inhibition under seal of the Court, and on such presentation the Registrar
shall register the inhibition.
(3) An inhibition shall not affect registered land, a registered charge or a registered long term lease until the
inhibition has been registered.
Section: 76 Effect of inhibitions
Remarks:
Cap 585 - LAND TITLES ORDINANCE 34
Not yet in operation
While an inhibition remains registered, no dealing which is inconsistent with it shall be registered.
Section: 77 Removal of inhibitions
Remarks:
Not yet in operation
The registration of an inhibition shall not be removed from the Title Register except on the presentation to the
Registrar of an application for the removal of that registration on one or more of the following grounds—
(a) on the expiration of the period limited by the inhibition;
(b) on proof to the satisfaction of the Registrar of the occurrence of the event specified in the inhibition;
(c) on the registered land or the registered charge affected by the inhibition being sold by a chargee, unless
such sale is itself inhibited; or
(d) by order of the Court.
Section: 78 Restrictions by Registrar
Remarks:
Not yet in operation
(1) The Registrar may, in respect of registered land, a registered charge or a registered long term lease, and—
(a) after an application for an order under this section being presented to him by an interested person;
(b) after—
(i) directing such inquiries to be made and notices to be served as he thinks fit; and
(ii) giving such persons as appear to the Registrar from the Title Register may be affected by the
order an opportunity of being heard; and
(c) after being satisfied that the powers of the owner of the registered land or the registered charge, or of
the lessee of the registered long term lease, to deal in the land, charge or lease should be restricted to—
(i) prevent invalidity or unlawfulness in relation to dealing in the land, charge or lease; or
(ii) protect an interest or claim in relation to the land, charge or lease,
make an order prohibiting—
(d) all dealings in the land, charge or lease;
(e) such dealings in the land, charge or lease as do not comply with conditions specified in the order.
(2) A restriction may be expressed to endure—
(a) for a particular period;
(b) until the occurrence of a particular event; or
(c) generally until the making of a further order by the Registrar.
(3) The Registrar shall register an order made under subsection (1).
(4) A restriction shall not affect registered land, a registered charge or a registered long term lease until the
restriction has been registered.
(5) In this section, "interested person" (利害關係人), in relation to registered land, a registered charge or a
registered long term lease, means a person—
(a) who is the owner of the land or charge or the lessee of the lease;
(b) who is entitled to be registered as the owner of the land or charge or the lessee of the lease; or
(c) who falls within a class of persons prescribed by the regulations for the purposes of this section.
Section: 79 Notice and effect of restrictions
Remarks:
Not yet in operation
Cap 585 - LAND TITLES ORDINANCE 35
(1) The Registrar shall, as soon as reasonably practicable, give notice in writing of a restriction to the owner of
the registered land or the registered charge, or the lessee of the registered long term lease, affected by the restriction.
(2) Subject to section 28(2), while a restriction remains registered, no dealing in the registered land, registered
charge or registered long term lease concerned which is inconsistent with the restriction shall be registered except—
(a) with the consent of the Registrar; or
(b) by order of the Court.
Section: 80 Removal and variation of restrictions
Remarks:
Not yet in operation
(1) The Registrar may, in respect of a restriction—
(a) on application for the removal or variation of the restriction presented to him by—
(i) the owner of registered land or a registered charge, or the lessee of a registered long term lease,
affected by the restriction; or
(ii) any other interested person; and
(b) after giving the persons affected by the restriction an opportunity of being heard,
remove or alter the entry in the Title Register referring to the restriction.
(2) The Court may, in respect of a restriction—
(a) on application made to it by the owner of registered land or a registered charge, or the lessee of a
registered long term lease, affected by the restriction or any other interested person; and
(b) after notice of the application referred to in paragraph (a) has been given to the Registrar,
order the restriction to be removed or varied, or make such other orders as to the Court appears just, and may make an
order as to costs.
(3) The Registrar shall give effect to an order made under subsection (2) in accordance with the provisions of
the order.
Part: 11 RECTIFICATION
Remarks:
Not yet in operation
Section: 81 Rectification by Registrar
Remarks:
Not yet in operation
(1) The Registrar may rectify any error or omission in the Title Register—
(a) on his own volition, if the rectification will not materially affect the interest of the owner of registered
land or a registered charge, or the lessee of a registered long term lease;
(b) on application presented to him by any person, if the applicant proves to the satisfaction of the
Registrar that the error or omission is of a clerical nature only and that the rectification will not
materially affect the interest of the owner of registered land or a registered charge, or the lessee of a
registered long term lease; or
(c) in any other case, with the consent of all persons interested.
(2) The Registrar shall—
(a) on application presented to him by a person stating that there has been a change in his name; and
(b) on proof to his satisfaction of that change,
make an entry in the Title Register to record the change if that person's former name is the subject of an entry in the
Title Register.
(3) Where—
(a) pursuant to section 61(3), the name of a minor is entered in the Title Register as the owner of
registered land or a registered charge, or as the lessee of a registered long term lease; and
Cap 585 - LAND TITLES ORDINANCE 36
(b) the owner or lessee, as the case may be, attains full age,
then the owner or lessee, as the case may be, may make an application to the Registrar to remove the words in the
Title Register which describe him as a minor.
(4) On receipt of an application under subsection (3), the Registrar shall, if he is satisfied that the owner or
lessee concerned has attained full age, remove the words in the Title Register which describe him as a minor.
Section: 82 Rectification by Court
Remarks:
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
Cap 585 - LAND TITLES ORDINANCE 37
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.
Section: 83 Time for bringing proceedings under section 82
Remarks:
Not yet in operation
(1) Subject to subsection (2), no application for the rectification of the Title Register may be made under
section 82 after the end of the period of 12 years from the date on which the entry in the Title Register in question was
obtained, made or omitted, as the case may be.
(2) The Limitation Ordinance (Cap 347) shall apply, with necessary modifications, to an application for the
rectification of the Title Register under section 82.
Part: 12 INDEMNITY
Remarks:
Not yet in operation
Section: 84 Indemnity
Remarks:
Not yet in operation
(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
Cap 585 - LAND TITLES ORDINANCE 38
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.
Section: 85 Amount of indemnity
Remarks:
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.
Section: 86 Procedure for claiming indemnity
Remarks:
Not yet in operation
Cap 585 - LAND TITLES ORDINANCE 39
(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.
Section: 87 Time limit for claiming indemnity
Remarks:
Not yet in operation
A liability to pay an indemnity under this Part shall be deemed to be a simple contract debt and, for the purposes
of section 4 of the Limitation Ordinance (Cap 347), the cause of action shall be deemed to arise at the time when the
claimant knows or, but for his own default, might have known, of the existence of his claim.
Section: 88 Recovery of indemnity paid
Remarks:
Not yet in operation
(1) Where an indemnity is paid for a loss, the Government shall be entitled to recover the amount paid from
any persons who have caused or substantially contributed to the loss by their fraud, in proportion to their respective
contributions to the loss.
(2) The Government shall be entitled to enforce any express or implied covenant or other right which the
person who is indemnified would have been entitled to enforce in relation to the matter in respect of which indemnity
has been paid.
(3) For the avoidance of doubt, it is hereby declared that subsections (1) and (2) shall not operate to prevent a
person to whom an indemnity has been paid from taking any legal proceedings or enforcing any right to recover any
amount of damages that, by virtue of the operation of section 85(1)(a), he has not been able to recover from the Land
Titles Indemnity Fund.
Section: 89 Discrepancy in area and boundary
Remarks:
Not yet in operation
As between the Government and the owner of registered land, no claim to indemnity under this Part shall arise,
and no legal proceedings in respect thereof shall be commenced or maintained, on account of—
(a) any surplus or deficiency in the area or measurement of the land disclosed by a survey (whether or not
by an authorized land surveyor referred to in section 44) showing an area or measurement differing
from the area or measurement—
(i) disclosed on any subsequent survey of the land; or
Cap 585 - LAND TITLES ORDINANCE 40
(ii) shown in the Title Register, on any Government lease or on any plan, or on any microfilm, image
record or other record of any plan, kept in the Land Registry under section 6;
(b) any boundary of the land disclosed by a survey (whether or not by an authorized land surveyor referred
to in section 44) showing a boundary differing from any boundary—
(i) disclosed on any subsequent survey of the land; or
(ii) shown in the Title Register, on any Government lease or on any plan, or on any microfilm, image
record or other record of any plan, kept in the Land Registry under section 6; and
(c) any discrepancy in the area or measurement of the boundaries, whether upon a survey or otherwise,
arising from the application or the determination of the boundaries of the lot under section 94.
Section: 90 Land Titles Indemnity Fund
Remarks:
Not yet in operation
(1) An indemnity fund, to be known as the Land Titles Indemnity Fund, shall be established for the purposes of
this Part in accordance with the regulations.
(2) The amount of any indemnity awarded under section 86(1) or (2)(b) shall be paid out of the Land Titles
Indemnity Fund.
Part: 13 APPEALS AND RULES
Remarks:
Not yet in operation
Section: 91 Appeals against decisions made by Registrar
Remarks:
Not yet in operation
(1) A person aggrieved by a decision made by the Registrar under this Ordinance (except a decision relating to
a claim for indemnity) may appeal to the Court against the decision by serving on the Registrar a notice of appeal—
(a) in the specified form; and
(b) not later than 30 days after the decision has been made or such further period—
(i) as the Registrar permits in any particular case; or
(ii) as to the Court appears just in any particular case.
(2) Where the Registrar receives a notice of appeal under subsection (1), he shall prepare and send a brief
statement of the question in issue to—
(a) the Court;
(b) the appellant; and
(c) any other person appearing to the Registrar from the Title Register to be affected by the appeal.
(3) On the hearing of an appeal—
(a) the appellant;
(b) the Registrar; and
(c) any other person who, in the opinion of the Court, is affected by the appeal,
may, subject to any rules of court, appear and be heard in person or by a counsel.
(4) The Court may make such order on an appeal as the circumstances may require together with, as to the
Court appears just, any costs and expenses properly incurred in relation to the appeal.
(5) The Registrar shall give effect to an order made under subsection (4), in so far as it relates to him, in
accordance with the provisions of the order.
(6) In subsection (1), "decision" (決定) includes a direction, order, requirement, determination and refusal.
Cap 585 - LAND TITLES ORDINANCE 41
Section: 92 Effect of appeal on disposition
Remarks:
Not yet in operation
An appeal under section 91 shall not affect a disposition—
(a) made in good faith and for valuable consideration; and
(b) registered at any time before the notice of appeal under section 91(1) is made the subject of a non-
consent caution.
Section: 93 Appeal rules, etc.
Remarks:
Not yet in operation
The Chief Justice may make rules for regulating appeals under section 91, and applications made under this
Ordinance to the Court, and for the fees to be paid in respect of such appeals and applications.
Part: 14 MISCELLANEOUS
Remarks:
Not yet in operation
Section: 94 Determination of lot boundaries
Remarks:
Not yet in operation
(1) Subject to the terms and conditions of the Government lease concerned and to subsection (2), the owner of
registered land may make an application in the specified form—
(a) to the Director of Lands; and
(b) for a determination of the boundaries of—
(i) the lot; or
(ii) a portion of the lot after the rest of the lot has been surrendered to or resumed by the
Government.
(2) The Director of Lands shall not make a determination under subsection (1) in respect of—
(a) any subdivision of a lot which is made by a person other than the Government; or
(b) a case where the application concerned does not have the consent of all the owners of the lot.
(3) Subject to subsection (4), the Director of Lands shall make a determination of the boundaries of a lot which
is the subject of an application under subsection (1)—
(a) by causing searches to be done to ascertain whether a land boundary plan prepared by the Director of
Lands already exists ("existing plan");
(b) if there is an existing plan, by deciding whether or not the existing plan is acceptable for the
determination of the boundaries of the lot;
(c) if the Director of Lands decides that the existing plan is so acceptable, then, with the consent of the
owner of the lot and upon payment of the relevant fee, by causing the existing plan to be registered;
(d) if there is no existing plan or the existing plan is not acceptable—
(i) by advising the owner of the lot to appoint an authorized land surveyor to conduct a land
boundary survey of the lot in accordance with the code of practice approved under the Land
Survey Ordinance (Cap 473) and to deliver the resultant land boundary plan ("new plan")
certified by the authorized land surveyor and accompanied by the relevant fee to the Director of
Lands; or
(ii) if the Director of Lands decides to do so and with the consent of the owner of the lot and upon
payment of the relevant fee, by conducting a land boundary survey of the lot and preparing the
Cap 585 - LAND TITLES ORDINANCE 42
resultant land boundary plan ("new plan");
(e) by deciding whether or not the new plan, if any, is acceptable;
(f) if the Director of Lands decides that the new plan is so acceptable and with the consent of the owner of
the lot and upon payment of the relevant fee, by causing the new plan to be registered.
(4) The Director of Lands shall not make a determination of the boundaries of a lot under this section if the
existing plan or new plan changes the boundaries or area or measurement of that lot as shown—
(a) on a land boundary plan, or a microfilm, image record or other record of a land boundary plan, kept in
the Land Registry under section 6; or
(b) on any Government lease.
(5) The Director of Lands may authorize in writing a person to perform any function or exercise any power
imposed or conferred on the Director under this section.
(6) In this section, "determination" (釐定), in relation to a boundary, means adding the bearings, boundary
dimensions and coordinates wherever applicable in the process of updating the boundary.
Section: 95 Address for service
Remarks:
Not yet in operation
The Registrar may, by notice in writing served on a person who—
(a) presents an application for the registration of any matter; or
(b) is the owner of registered land or a registered charge, or the lessee of a registered long term lease,
require the person to provide to the Registrar a notice in writing—
(c) specifying an address in Hong Kong for service on that person; and
(d) within the period specified in the requirement.
Section: 96 Meaning of "opportunity of being heard"
Remarks:
Not yet in operation
(1) Where under this Ordinance a thing is to be or may be done after giving a person an opportunity of being
heard, that person shall be deemed to have been given such an opportunity if he—
(a) attends before the Registrar personally or by a solicitor or other agent, and is given such an
opportunity;
(b) intimates, personally or by a solicitor or other agent, that he does not wish to be heard; or
(c) has been served with a notice in writing specifying the nature of the thing to be done and appointing a
day and time not less than 12 working days after service of the notice at which he will, if he attends
before the Registrar, be heard.
(2) Where a person or a solicitor or other agent on his behalf attends before the Registrar concerning a matter
on which he is entitled to an opportunity of being heard, or fails to attend pursuant to a notice referred to in subsection
(1)(c), the Registrar may, if he thinks fit, adjourn the hearing from time to time, and, notwithstanding failure to attend,
may, if he thinks fit, hear such person at any time.
(3) Where under this Ordinance all persons interested or affected are to be given an opportunity of being heard,
it shall be sufficient if all persons who, according to any current entry in the Title Register, appear to be so interested
or affected, are given such an opportunity.
(4) In this section, "working day" (工作日) means any day other than a public holiday or a black rainstorm
warning day or gale warning day within the meaning of section 71 of the Interpretation and General Clauses
Ordinance (Cap 1).
Section: 97 Application to Court by person other than Registrar
Remarks:
Not yet in operation
Cap 585 - LAND TITLES ORDINANCE 43
(1) A person interested in registered land, a registered charge or a registered long term lease may apply by
originating summons to the Court in respect of any question relating to—
(a) the title to the land, charge or lease; or
(b) an interest in the land, charge or lease where the interest is—
(i) registered or registrable; or
(ii) expressed by this Ordinance not to require registration,
and the Court may make such order on the originating summons and as to costs as to the Court appears just.
(2) No proceedings may be commenced under this section in respect of any matter for which proceedings may
be commenced under section 82.
(3) The Registrar shall give effect to an order made under subsection (1) in accordance with the provisions of
the order.
Section: 98 Offences
Remarks:
Not yet in operation
(1) A person commits an offence and is liable on conviction on indictment to a fine of $5000000 and to
imprisonment for 14 years if he fraudulently—
(a) issues or makes, or causes the issue or making of, any application for the registration of any matter;
(b) presents, or causes the presentation, to the Registrar of any application for the registration of any
matter;
(c) makes, or causes the making of, any erasure or alteration to any application for the registration of any
matter;
(d) verifies any application required by section 14(2) to be verified;
(e) makes, or causes the making of, any erasure or alteration to any microfilm, image record or other
record of any application for the registration of any matter;
(f) procures the issue of a title certificate;
(g) makes, or causes the making of, any erasure or alteration to—
(i) the Title Register;
(ii) the applications register;
(iii) any document, or any microfilm, image record or other record of a document, kept in the Land
Registry under section 6;
(iv) any endorsement on any thing referred to in subparagraph (i), (ii) or (iii); or
(v) any copy, print or extract of or from any thing referred to in subparagraph (i), (ii) or (iii) or of or
from any endorsement on any such thing; or
(h) removes, or causes the removal, from the Land Registry of all or any part of—
(i) any thing referred to in paragraph (g)(i), (ii) or (iii);
(ii) any endorsement on any such thing;
(iii) any copy, print or extract of or from any such thing or of or from any endorsement on any such
thing.
(2) Any person who, without lawful authority or reasonable excuse, does any act referred to in paragraph (a),
(b), (c), (d), (e), (f), (g) or (h) of subsection (1) commits an offence and is liable on conviction on indictment to a fine
of $500000 and to imprisonment for 3 years.
(3) Any person who knowingly misleads or deceives any person referred to in section 11(3)—
(a) when that second-mentioned person is acting in the capacity referred to in that section; and
(b) in respect of—
(i) registered land, a registered charge or a registered long term lease; or
(ii) an interest in registered land, a registered charge or a registered long term lease,
commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.
(4) Any person who, without reasonable excuse, fails to comply with any requirement made under section
8(2)(a), (b) or (c) commits an offence and is liable on conviction to a fine at level 3 and, in the case of a continuing
offence, to a daily penalty of $500.
Cap 585 - LAND TITLES ORDINANCE 44
(5) Any person who, without reasonable excuse, fails to comply with a requirement made under section 34(1)
commits an offence and is liable on conviction to a fine at level 4 and, in the case of a continuing offence, to a daily
penalty of $1250.
(6) Any person who, without reasonable excuse, fails to comply with a requirement made under section 95
within the period specified in the requirement commits an offence and is liable on conviction to a fine at level 3 and,
in the case of a continuing offence, to a daily penalty of $500.
(7) In this section—
"alteration" (更改) includes making an entry;
"application for the registration of any matter" (要求將任何事項註冊的申請 ) includes any document
accompanying the application;
"daily penalty" (每日罰款) means a penalty for each day on which the offence concerned is continued;
"erasure" (塗抹) includes defacement, obliteration and mutilation.
Section: 99 Power of Registrar to specify forms
Remarks:
Not yet in operation
(1) Subject to subsections (2) and (3), the Registrar may specify the form of any document required under this
Ordinance to be in the specified form and the form of such other documents (including conveyancing documents)
required for the purposes of this Ordinance as he thinks fit.
(2) The Registrar's power under subsection (1) shall be subject to any express requirement under this Ordinance
for a form, whether specified or otherwise, to comply with that requirement, but that requirement shall not restrict the
exercise of that power in respect of that form to the extent that, in the opinion of the Registrar, his exercise of that
power in respect of that form does not contravene that requirement.
(3) Without prejudice to the generality of subsection (2), the Registrar shall not specify under subsection (1) the
form of any conveyancing document unless he has first consulted the Collector of Stamp Revenue appointed under
section 3 of the Stamp Duty Ordinance (Cap 117).
(4) A form specified under this section shall be—
(a) completed in accordance with such directions and instructions as are specified in the form;
(b) accompanied by such documents (including instruments, certificates, duplicates of the form and
statutory declarations) as are specified in the form; and
(c) if the completed form is required to be provided to the Registrar or any other person, so provided in the
manner, if any, specified in the form.
(5) For the avoidance of doubt, it is hereby declared that the Registrar's power under subsection (1) may be
exercised in such a way as to—
(a) include in the specified form of any document referred to in that subsection a statutory declaration—
(i) to be made by the person completing the form; and
(ii) as to whether the particulars contained in the form are true and correct to the best of that person's
knowledge and belief;
(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to
provide for particular circumstances or particular cases, as the Registrar thinks fit;
(c) require, to the extent practicable, the person completing the form to identify any entries in the Title
Register to which the form relates which have ceased to have effect; and
(d) where registered land or a registered long term lease is the subject of a deed of mutual covenant, within
the meaning of section 53, and is also the subject of a registered deed of mutual covenant within the
meaning of that section, require an application for the registration of that first-mentioned deed to be
accompanied by an application for the removal from the Title Register of the entry referring to that
second-mentioned deed.
Section: 100 Regulations relating to fees and levies
Remarks:
Cap 585 - LAND TITLES ORDINANCE 45
Not yet in operation
(1) The Financial Secretary may by regulation prescribe the fees to be paid to the Registrar in respect of—
(a) any application for the registration of any matter (whether made pursuant to this Ordinance or any
other enactment);
(b) any verification under section 14(2) of any application for the registration of any matter;
(c) receiving for registration any matter withheld from registration;
(d) the registration of any matter (whether pursuant to this Ordinance or any other enactment);
(e) the deposit or filing of any matter;
(f) any application for satisfaction of a registered charge;
(g) any application for the making, removal or variation of a restriction;
(h) the provision (including inspection) of any thing (including any information) required to be or which
may be kept in the Land Registry (whether under section 4, 5 or 6 or otherwise), or of a copy, print or
extract of or from any such thing or of or from a microfilm, image record or other record of any such
thing;
(i) the official signature of any person referred to in section 11(3) to any document, whether such
signature is requested or required under the provisions of this Ordinance or any other enactment or
otherwise;
(j) the issuance, cancellation or replacement of a title certificate or any other service or facility relating
thereto;
(k) the provision of any other service or facility connected with registration or any other matter to which
this Ordinance relates.
(2) The amount of any fee prescribed in regulations made under subsection (1) shall not be limited by reference
to the amount of administrative or other costs incurred or likely to be incurred in relation to providing the service,
facility or matter to which such fee relates and different fees may be so prescribed for the same service, facility or
matter in order to provide for particular circumstances or particular cases specified in the regulations.
(3) The Financial Secretary may by regulation prescribe the levies to be paid to the Registrar in respect of the
registration of any matter (whether pursuant to this Ordinance or any other enactment).
(4) Without prejudice to the generality of subsection (3), the Financial Secretary may, in exercising his power
under that subsection, take account of the indemnification required to be provided by the Government under section
84(1).
Section: 101 Unpaid fees, etc.
Remarks:
Not yet in operation
(1) The Registrar may act notwithstanding that a prescribed fee or levy or part of a prescribed fee or levy has
not been paid, but the Registrar shall make an entry in the Title Register recording the fact that the fee or levy or part
of the fee or levy has not been paid.
(2) The Registrar may refuse to register a disposition of registered land, a registered charge or a registered long
term lease in respect of which fees or levies are unpaid.
(3) Unpaid fees, levies, costs, charges or expenses required to be paid to the Registrar shall constitute a debt
due to the Government and shall be recoverable summarily as a civil debt within the meaning of the Magistrates
Ordinance (Cap 227).
(4) Unpaid costs, charges or expenses the subject of an order under section 8(2)(f) which are required to be
paid to a person other than the Registrar shall constitute a debt due to that person and shall be recoverable summarily
as a civil debt within the meaning of the Magistrates Ordinance (Cap 227).
Section: 102 Regulations—general powers
Remarks:
Not yet in operation
Cap 585 - LAND TITLES ORDINANCE 46
(1) The Secretary may make regulations for all or any of the following matters—
(a) fixing the hours during which the Land Registry or any part of the Land Registry shall be open to the
public and empowering the Registrar to vary such hours;
(b) the manner of verification of an application for the registration of any matter;
(c) the size, form and colouring of plans attached to or endorsed on an instrument accompanying an
application for registration of any matter;
(d) the size and form of, and the particulars to be contained in, instruments accompanying applications for
registration of any matter;
(e) the manner in which an application for the registration of any matter is made and the procedures to be
followed for the presentation of the application;
(f) the numbering of applications for the registration of any matter;
(g) the particulars to be entered in the Title Register and the applications register;
(h) without prejudice to the generality of paragraph (g), the manner in which the names of persons are to
be entered in the Title Register and the applications register;
(i) the circumstances and the procedures for rectification of the Title Register;
(j) the scrutiny of applications for the registration of any matter;
(k) the procedure to be followed in order to effect the registration of any matter;
(l) the procedure to be followed where an application is withheld from registration by the Registrar or
upon the request of the person who delivered the application;
(m) the circumstances in which an application for the registration of any matter, which is accompanied by
an instrument which is stamped under section 13(2) of the Stamp Duty Ordinance (Cap 117), shall be
required to be accompanied by an application for the registration of a charge in respect of any stamp
duty payable or to be payable on the instrument (including any stamp duty and penalty payable under
section 13(7)(b), or additional stamp duty payable under section 13(10), of that Ordinance on that
instrument);
(n) the procedure to be followed where an application for the registration of any matter is rejected,
including the grounds of such rejection and the presentation again of any such application;
(o) without prejudice to the generality of the grounds mentioned in paragraph (n), the circumstances in
which the Registrar shall under section 19(2) refuse to proceed with the registration of any matter
relating to an undivided share with an exclusive right to use and occupy a part of a building;
(p) the documents to be provided by a vendor under section 46(1)(a)(iv);
(q) the documents relating to title to be retained by the Land Registry where there is a dealing in registered
land or a registered long term lease, and the period for which they are to be retained;
(r) the classes of person who fall within paragraph (c) of the definition of "interested person" in section
78(5);
(s) the date on which the first registration of any matter, which is not expressly provided for in this
Ordinance, shall take effect;
(t) the notice to be given where the registration of any matter is effected or an application for the
registration of any matter is rejected;
(u) prescribing the use of conveyancing forms in transactions;
(v) the power to refuse to enter improper instruments or forms;
(w) the manner of registration of a long term lease;
(x) the manner of registration, withdrawal or removal of a consent caution or non-consent caution and the
form of consent under a consent caution;
(y) the manner of registration or removal of a charging order, judgment or order;
(z) the manner of registration or removal of an inhibition;
(za) the manner of making an application for an order under section 78(1) and for the registration, removal
or variation of a restriction;
(zb) the manner of making an application for a title certificate, for the cancellation of a title certificate and
for the replacement of a title certificate;
(zc) the circumstances in which a title certificate need not be returned for cancellation under section 29(5);
(zd) the procedure for filing an incorporated document and the effect of the filing;
(ze) the manner of giving notice by the Registrar;
(zf ) the safekeeping of any thing referred to in section 4, 5 or 6;
(zg) the purposes of, and the manner (including the form) in which any thing referred to in section 4, 5 or 6
Cap 585 - LAND TITLES ORDINANCE 47
shall be made available for, any search;
(zh) the manner (including the form) in which any thing (including any historical records) which may be
kept in the Land Registry may be provided (including inspected);
(zi) regulating the conduct of persons in the Land Registry;
(zj) enabling any person to be refused entry to the Land Registry and the removal from the Land Registry
of any person;
(zk) regulating admission to the Land Registry or any part of the Land Registry and the use of any
equipment, facilities or material in the Land Registry by members of the public;
(zl) the manner (including the form) in which any document required under the provisions of any other
enactment to be filed or deposited in the Land Registry shall be so filed or deposited;
(zm) the funding, management, investment, and the keeping of accounts of, and the processing of claims in
respect of, the Land Titles Indemnity Fund;
(zn) the power of the Registrar—
(i) to borrow moneys for the purposes of the Land Titles Indemnity Fund; and
(ii) to manage and invest the moneys of the Land Titles Indemnity Fund;
(zo) payments into and out of the Land Titles Indemnity Fund;
(zp) the procedures for claiming indemnity, processing of claims, investigation, settlement and refusal of
claims;
(zq) the procedures for instituting court proceedings for claiming indemnity;
(zr) prescribing anything that is required or permitted to be prescribed under this Ordinance;
(zs) providing for the better carrying into effect of this Ordinance;
(zt) providing for such incidental, consequential, evidential, transitional, savings and supplemental
provisions as are necessary or expedient for the purpose of giving full effect to this Ordinance.
(2) Any regulations made under subsection (1)(zg) or (zh) may specify that a thing referred to in that
subsection may be made available or provided, as the case may be, in such form and by such method as the Registrar
thinks fit.
(3) Any regulations made under this section may—
(a) empower the Secretary to grant exemptions from the regulations, either generally or in a particular
case;
(b) make different provisions for different circumstances and provide for a particular case or class of case;
(c) be made so as to apply only in such circumstances as are prescribed by the regulations.
(4) Without prejudice to section 23 of the Interpretation and General Clauses Ordinance (Cap 1), any
regulations made under this section may include regulations which provide for transitional or savings provisions in
respect of any of the enactments repealed or amended by this Ordinance.
(5) Any regulations made under this section may prescribe offences in respect of contraventions of the
regulations, and may provide for the imposition in respect of any such offence of a fine at level 3 and of imprisonment
for a period not exceeding 2 years.
Section: 103 Amendment of Schedules 1 and 2
Remarks:
Not yet in operation
(1) The Secretary may, with the approval of the Legislative Council, by notice published in the Gazette, amend
Schedule 1.
(2) The Secretary may, by notice published in the Gazette, amend Schedule 2.
Section: 104 Consequential amendments
Remarks:
Not yet in operation
(1) The enactments specified in Schedule 3 are amended as set out in that Schedule.
(2) The Land Registration Ordinance (Cap 128) is amended as set out in Schedule 4.
Cap 585 - LAND TITLES ORDINANCE 48
(3) The Secretary may, with the approval of the Legislative Council, by notice published in the Gazette, amend
Schedule 3 or 4.
Schedule: 1 PROVISIONS FOR CONVERSION OF LRO LAND AND
LONG TERM LEASES FROM LAND REGISTRATION
SYSTEM TO LAND TITLE SYSTEM
Remarks:
Not yet in operation
[sections 2, 3, 20,
24, 27, 35
& 103]
PART 1
PRELIMINARY
1. Interpretation
In this Schedule—
"caution against conversion" (抗轉換警告書 ) has the meaning assigned to it by section 1A(1) of the Land
Registration Ordinance (Cap 128);
"caveat" (知會備忘) has the meaning assigned to it by section 1A(1) of the Land Registration Ordinance (Cap 128);
"long term lease" (長期租契) has the same meaning as in section 2(1) of this Ordinance except that it does not
include a lease of both registered land and LRO land;
"LRO land" (《土註條例》土地) means land—
(a) which is the subject of a Government lease for which a register has been kept under the Land
Registration Ordinance (Cap 128); and
(b) which is not registered land within the meaning of section 2(1) of this Ordinance.
PART 2
CONVERSION OF LRO LAND
2. When LRO land becomes registered land
(1) Subject to the provisions of this section, on the commencement of the 12th anniversary of the appointed
day, all LRO land shall be deemed to be registered land, and all the provisions of this Ordinance shall apply to the
land accordingly.
(2) Subject to subsection (3), subsection (1) shall not apply to any LRO land—
(a) in respect of which an instrument has been delivered for registration under the Land Registration
Ordinance (Cap 128) but has not been registered under that Ordinance before the commencement of
the 12th anniversary of the appointed day; or
(b) which is subject to a caution against conversion which is registered under the Land Registration
Ordinance (Cap 128).
(3) LRO land referred to in subsection (2) shall be deemed to be registered land on—
(a) the date on which the instrument referred to in subsection (2)(a) is registered under the Land
Registration Ordinance (Cap 128); or
(b) the date on which the land ceases to be subject to a caution against conversion which is registered
under the Land Registration Ordinance (Cap 128),
whichever is the later, and all the provisions of this Ordinance shall apply to the land accordingly.
Cap 585 - LAND TITLES ORDINANCE 49
3. Date of first registration
The date of first registration of LRO land shall be—
(a) in the case of land which falls within section 2(1), the 12th anniversary of the appointed day; and
(b) in the case of land which falls within section 2(2), the date determined under section 2(3).
4. Effect of deeming
(1) On the date of first registration of LRO land, there shall vest in the owner of the land the same legal estate
or equitable interest and rights as would have been vested in him if the land had been transferred to him and he had
been registered as the owner of land under section 25 of this Ordinance.
(2) Subject to subsection (3), the deeming of LRO land to be registered land under section 2 shall not affect the
validity or enforceability of any interest—
(a) existing immediately before the date of first registration of the LRO land;
(b) affecting the LRO land;
(c) which was not registered under the Land Registration Ordinance (Cap 128) (and whether or not it was
capable of registration under that Ordinance); and
(d) which was, immediately before the date of first registration, enforceable against the LRO land.
(3) An interest mentioned in subsection (2) in relation to LRO land deemed to be registered land shall not be
enforceable against the land after the sale of the land to a purchaser for valuable consideration after the date of first
registration of the land under this Ordinance.
PART 3
CONVERSION OF LONG TERM LEASES
5. When long term lease becomes registered
long term lease
Where, on the date of first registration of any LRO land, the land is subject to a long term lease registered under
the Land Registration Ordinance (Cap 128), then on that date the long term lease shall be deemed to be a registered
long term lease, and all the provisions of this Ordinance shall apply to the lease accordingly.
6. Date of first registration
The date of first registration of a long term lease is the date on which the lease was deemed to be a registered
long term lease under section 5.
7. Effect of deeming
(1) On the date of first registration of a long term lease, there shall vest in the lessee of the lease the same
interest and rights as would have been vested in him if he had been registered as the lessee of the lease under section
26 of this Ordinance.
(2) Subject to subsection (3), the deeming of a long term lease to be a registered long term lease under section 5
shall not affect the validity or enforceability of any interest—
(a) existing immediately before the date of first registration of the long term lease under this Ordinance;
(b) affecting the land;
(c) which was not registered under the Land Registration Ordinance (Cap 128) (and whether or not it was
capable of registration under that Ordinance); and
(d) which was, immediately before the date of first registration of the long term lease under this
Ordinance, enforceable against the land.
(3) An interest mentioned in subsection (2) in relation to land shall not be enforceable against the land after the
sale of the land to a purchaser for valuable consideration after the date of first registration of the long term lease under
this Ordinance.
Cap 585 - LAND TITLES ORDINANCE 50
PART 4
MISCELLANEOUS
8. Registers kept under Land Registration
Ordinance
On the date of first registration of LRO land for which a register has been kept under the Land Registration
Ordinance (Cap 128), the register shall, subject to the regulations, be deemed to form part of the Title Register, and all
the provisions of this Ordinance shall apply to the register accordingly.
9. Transitional provisions in respect
of Title Register, etc.
Subject to the regulations, where a register has been kept under the Land Registration Ordinance (Cap 128) in
relation to LRO land, then, on and after the date of first registration of the land under section 3, the priority of all
interests in the Title Register—
(a) existing immediately before the date of first registration; and
(b) in respect of which a memorial of an instrument within the meaning of the Land Registration
Regulations (Cap 128 sub. leg. A) has been registered under the Land Registration Ordinance (Cap
128),
shall be determined in accordance with the provisions of the Land Registration Ordinance (Cap 128), and the
provisions of this Ordinance shall be construed accordingly.
10. Transitional provision in respect of registered
caveat
Where immediately before the date of first registration of LRO land under this Ordinance there was a caveat
registered against the land under the Land Registration Ordinance (Cap 128), then, commencing on the date of first
registration of the land under this Ordinance—
(a) the caveat shall be deemed to be a non-consent caution;
(b) notwithstanding section 35(1) of this Ordinance, the priority of the interest claimed in the deemed non-
consent caution shall be determined in accordance with the law in force immediately before the date of
first registration of the land concerned and applicable to the priority among such interests; and
(c) all the provisions of this Ordinance (including sections 73 and 74) shall apply to the deemed non-
consent caution accordingly.
Schedule: 2 SPECIFIED PROVISIONS FOR PURPOSES OF
SECTION 10
Remarks:
Not yet in operation
[sections 10 & 103]
Sections 8(1)(a), 9, 33(3), 41, 80(1) and 99(1).
Schedule: 3 CONSEQUENTIAL AMENDMENTS
Remarks:
Not yet in operation
[section 104]
Cap 585 - LAND TITLES ORDINANCE 51
Specification of Public Offices Notice
(Amended 18 of 2014 s. 64)
1. Schedule amended
The Schedule to the Specification of Public Offices Notice (Cap 1 sub. leg. C) is amended— (Amended 18 of
2014 s. 64)
(a) (Repealed 18 of 2014 s. 64)
(b) by adding—
"Land Registrar Land Titles Ordinance (Cap 585).".
High Court Ordinance
2. Provisions supplementary to
sections 20 and 20A
Section 20B of the High Court Ordinance (Cap 4) is amended—
(a) in subsection (2), by adding "and the Land Titles Ordinance (Cap 585)" after "Land Registration
Ordinance (Cap 128)";
(b) by adding—
"(6) In the case of a charging order registered under the Land Titles Ordinance (Cap 585), if
an order under subsection (4) discharging the charging order is made, the Land Registrar shall, on
the presentation to him of an application for the purpose accompanied by an office copy of the
order, remove from the Title Register kept under that Ordinance the entry referring to the order.".
Rules of the High Court
3. Special rules as to the sale of
immovable property
Order 47, rule 7(4)(b) of the Rules of the High Court (Cap 4 sub. leg. A) is repealed and the following
substituted—
"(b) In the case of immovable property which is registered under the Land Titles Ordinance (Cap 585), such
certificate shall be liable to the same stamp duty as an assignment of the same property and, when duly
stamped, may support an application for registration under that Ordinance of the purchaser as the owner
of the property.
(c) In the case of any other immovable property, such certificate shall be liable to the same stamp duty as an
assignment of the same property and, when duly stamped, shall be taken and deemed to be a valid transfer
of such right, title and interest and may be registered under the Land Registration Ordinance (Cap 128).".
4. Discharge, etc., of charging order
Order 50, rule 7(2) is amended by repealing "the lot number of the land and the memorial number of any
relevant charge registered against the land." and substituting—
"—
(a) the lot number of the land; and
(b) the memorial number of any relevant charge registered against the land under the Land Registration
Ordinance (Cap 128) or the application number of any relevant charge registered against the land
under the Land Titles Ordinance (Cap 585), as the case may be.".
Bankruptcy Rules
5. Registration of petition under Land Registration
Cap 585 - LAND TITLES ORDINANCE 52
Ordinance or Land Titles Ordinance
Rule 53 of the Bankruptcy Rules (Cap 6 sub. leg. A) is amended by repealing "a memorial of the petition in the
Land Registry against any property registered therein" and substituting "the petition under the Land Registration
Ordinance (Cap 128), or register a non-consent caution under the Land Titles Ordinance (Cap 585) relating to the
petition, against any property which is registered under that Ordinance".
6. Registration of petition under Land Registration
Ordinance or Land Titles Ordinance
against partner
Rule 54 is amended by repealing "in either of the cases mentioned in rule 133 or 135 register a memorial of the
petition in the Land Registry against any property registered" and substituting ", in either of the cases mentioned in
rule 133 or 135, register the petition under the Land Registration Ordinance (Cap 128), or register a non-consent
caution under the Land Titles Ordinance (Cap 585) relating to the petition, against any property which is registered
under that Ordinance".
7. Registration of bankruptcy order under Land
Registration Ordinance or Land Titles
Ordinance
Rule 73 is amended by repealing "a memorial of such bankruptcy order in the Land Registry against any
property registered therein" and substituting "the order under the Land Registration Ordinance (Cap 128), or register a
non-consent caution under the Land Titles Ordinance (Cap 585) relating to the order, against any property which is
registered under that Ordinance".
8. Registration of bankruptcy order under Land
Registration Ordinance or Land Titles
Ordinance against partner
Rule 74 is amended by repealing "a memorial thereof in the Land Registry against any property registered" and
substituting "the order under the Land Registration Ordinance (Cap 128), or register a non-consent caution under the
Land Titles Ordinance (Cap 585) relating to the order, against any property which is registered under that Ordinance".
9. Disclaimer of lease
Rule 130(3) is amended by repealing "in the Land Registry, register a memorial of such disclaimer in the Land
Registry" and substituting "under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585),
register such disclaimer under that Ordinance".
Bankruptcy (Forms) Rules
10. Forms
The Schedule to the Bankruptcy (Forms) Rules (Cap 6 sub. leg. B) is amended—
(a) in Form 67, by repealing "vacated upon the application of the debtor under the Land Registration
Ordinance (Chapter 128)" and substituting "vacated or removed upon the application of the debtor
under the Land Registration Ordinance (Chapter 128) or the Land Titles Ordinance (Chapter 585), as
the case may require";
(b) in Forms 128 and 129, by repealing "in the Land Registry" and substituting "under the Land
Registration Ordinance (Chapter 128) or the Land Titles Ordinance (Chapter 585)".
Landlord and Tenant (Consolidation) Ordinance
11. Registration under the Land Registration
Cap 585 - LAND TITLES ORDINANCE 53
Ordinance or Land Titles Ordinance
of order under section 4
Section 7(1) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7) is amended by repealing "by
memorial in the Land Registry" and substituting "under the Land Registration Ordinance (Cap 128) or the Land Titles
Ordinance (Cap 585), as the case may require,".
12. Restriction on order for possession
for rebuilding
Section 53A(3) is amended by repealing "by memorial in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,".
13. Interpretation
Section 115 is amended by adding—
"(4) No notice or application under this Part shall be registrable under the Land Titles Ordinance (Cap
585).".
14. Additional provisions regarding opposition
on ground of intention to rebuild
Section 119F(3) is amended by repealing "by memorial in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,".
Land (Miscellaneous Provisions) Ordinance
15. Vesting of private streets in the Government
Section 14 of the Land (Miscellaneous Provisions) Ordinance (Cap 28) is amended—
(a) in subsection (2), by repealing "in the Land Registry" and substituting "under the Land Registration
Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,";
(b) in subsection (3), by repealing "under subsection (2) in the Land Registry" and substituting ", pursuant
to subsection (2), under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap
585),".
Companies (Winding-up) Rules
16. Disclaimer
Rule 63(2) of the Companies (Winding-up) Rules (Cap 32 sub. leg. H) is amended—
(a) by repealing "in the Land Registry" where it first appears and substituting "under the Land Registration
Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require";
(b) by repealing "in the Land Registry" where it secondly appears and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,".
Government Leases Ordinance
17. Interpretation
Section 2 of the Government Leases Ordinance (Cap 40) is amended, in the definition of "section", by repealing
"in the Land Registry" and substituting "under the Land Registration Ordinance (Cap 128), or which is registered
under the Land Titles Ordinance (Cap 585) or which supports a current entry in the Title Register kept under that
Ordinance,".
Cap 585 - LAND TITLES ORDINANCE 54
18. Person entitled to renew
Section 6 is amended by repealing "in the Land Registry" and substituting "under the Land Registration
Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)".
19. New Government rent to be noted or
entered in register
Section 10 is amended—
(a) by repealing subsection (1)(b) and substituting—
"(b) the Land Registrar shall cause the amount of the new Government rent payable in respect of the
lot or section—
(i) to be noted in the register of such lot or section kept under the Land Registration Ordinance
(Cap 128); or
(ii) if the lot or section is registered under the Land Titles Ordinance (Cap 585), to be entered
in the Title Register kept under that Ordinance.";
(b) by repealing subsection (2)(b) and substituting—
"(b) the Land Registrar shall cause—
(i) the amount of the new Government rent noted in the register of such lot or section kept
under the Land Registration Ordinance (Cap 128), or entered in the Title Register kept
under the Land Titles Ordinance (Cap 585), to be deleted; and
(ii) the increased new Government rent to be noted or entered therein.".
20. Correction of clerical or arithmetical errors
Section 11(2) is amended by repealing "in the Land Registry" and substituting "under the Land Registration
Ordinance (Cap 128) or entered in the Title Register kept under the Land Titles Ordinance (Cap 585), as the case may
require".
21. Section substituted
Section 12 is repealed and the following substituted—
"12. Evidence of renewal
The amount of the new Government rent payable in respect of a lot or section for the time being shown in
the register kept under the Land Registration Ordinance (Cap 128), or entered in the Title Register kept under the
Land Titles Ordinance (Cap 585), as the case may be, shall be conclusive evidence of the grant of the new
Government lease of the lot or section and of the new Government rent thereof.".
22. Collection of new Government rent
Section 13(4) is amended by repealing "in the Land Registry" and substituting "under the Land Registration
Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)".
23. New Government leases subject to
encumbrances and interests
Section 15 is amended—
(a) in paragraph (a), by repealing "in the Land Registry" and substituting "under the Land Registration
Ordinance (Cap 128)";
(b) by adding—
"(aa) any charge registered under the Land Titles Ordinance (Cap 585);
Cap 585 - LAND TITLES ORDINANCE 55
(ab) any equitable mortgage which is the subject of a consent caution or nonconsent caution
registered under the Land Titles Ordinance (Cap 585);".
24. Section substituted
Section 16 is repealed and the following substituted—
"16. Government lease plan
(1) If a plan of a lot held under a renewable Government lease—
(a) is not annexed to the counterpart of the Government lease kept under the Land Registration
Ordinance (Cap 128), or if the plan annexed thereto is, in the opinion of the Director, inaccurate
or inadequate to establish the location, position, or dimensions of the lot; or
(b) if the lot is registered under the Land Titles Ordinance (Cap 585), is not referred to in the Title
Register kept under that Ordinance, or if the plan is referred to in the Title Register, is, in the
opinion of the Director, inaccurate or inadequate to establish the location, position, or dimensions
of the lot,
the Director may cause the lot to be surveyed and a plan thereof prepared.
(2) If a plan of a section of a lot held under a renewable Government lease—
(a) is not registered under the Land Registration Ordinance (Cap 128), or if the plan is so registered
is, in the opinion of the Director, inaccurate or inadequate to establish the location, position, or
dimensions of the section; or
(b) if the lot is registered under the Land Titles Ordinance (Cap 585), is not referred to in the Title
Register kept under that Ordinance, or if the plan is referred to in the Title Register, is, in the
opinion of the Director, inaccurate or inadequate to establish the location, position, or dimensions
of the section,
the Director may cause the section to be surveyed and a plan thereof prepared.".
25. Plan as approved or amended to be delivered
to Land Registry
Section 22(a) and (b) is repealed and the following substituted—
"(a) in the case of a lot—
(i) cause the plan to be annexed to the counterpart of the renewable Government lease of the lot kept
under the Land Registration Ordinance (Cap 128) and cause the previous plan, if any, to be cancelled;
or
(ii) if the lot is registered under the Land Titles Ordinance (Cap 585), cause the plan to be entered in the
Title Register kept under that Ordinance and cause any entry relating to the previous plan, if any, to be
removed from the Title Register;
(b) in the case of a section of a lot—
(i) cause the plan to be registered under the Land Registration Ordinance (Cap 128) in respect of the
section of the lot to which the renewable Government lease relates, and cause the previous plan, if any,
to be cancelled; or
(ii) if the lot is registered under the Land Titles Ordinance (Cap 585), cause the plan to be entered in the
Title Register kept under that Ordinance and cause any entry relating to the previous plan, if any, to be
removed from the Title Register.".
Transfer of Businesses (Protection of Creditors) Ordinance
26. Interpretation
Section 2(1) of the Transfer of Businesses (Protection of Creditors) Ordinance (Cap 49) is amended, in the
definition of "registered charge", by adding—
"(aa) the Land Titles Ordinance (Cap 585);".
Cap 585 - LAND TITLES ORDINANCE 56
Antiquities and Monuments Ordinance
27. Interpretation
Section 2 of the Antiquities and Monuments Ordinance (Cap 53) is amended by repealing the definition of
"Land Registry".
28. Declaration of proposed monuments etc.
and plans thereof
Section 2A(4)(b)(i) is amended by repealing "in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require".
29. Declaration of monuments and plans
thereof
Section 3(4)(b) is amended by repealing "in the Land Registry" and substituting "under the Land Registration
Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require".
Legal Aid Ordinance
30. Charge on property recovered
Section 18A(3A) of the Legal Aid Ordinance (Cap 91) is amended by adding "or the Land Titles Ordinance (Cap
585), as the case may require," after "Land Registration Ordinance (Cap 128)".
New Territories Ordinance
31. Registration of manager of "t'ong", etc.
Section 15 of the New Territories Ordinance (Cap 97) is amended by repealing the last sentence and substituting
"Such re-entry, in the case of any such lease, shall be effected by the registration under the Land Registration
Ordinance (Cap 128), of an instrument of re-entry presented to the Land Registrar by the Secretary for Home Affairs
or, if the lease is registered under the Land Titles Ordinance (Cap 585), by the making of an entry relating to such an
instrument in the Title Register kept under that Ordinance.".
32. Power to appoint trustees for minors
Section 18 is amended—
(a) by adding "under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585),
as the case may require," after "shall be registered";
(b) by adding "under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)"
after "registering".
33. Certification of memorials
Section 19 is repealed.
34. Land Registrar not required to keep index
Section 20 is repealed.
35. Certified copies receivable in evidence
Cap 585 - LAND TITLES ORDINANCE 57
Section 43 is repealed.
36. Part not to affect Government, etc.
Section 44 is amended by adding ", or caused to be done or made," after "made".
Tramway Ordinance
37. Attachment
Section 6(7) of the Tramway Ordinance (Cap 107) is repealed and the following substituted—
"(7) For the purpose of this section, "owner" (擁有人) means the person who is registered under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585) as the owner or holder of the land on
which the house or building in question is built and any—
(a) mortgagee thereof who is registered as such under the Land Registration Ordinance (Cap 128); or
(b) chargee thereof who is registered as such under the Land Titles Ordinance (Cap 585).".
Estate Duty Ordinance
38. Charge of estate duty on property
Section 18 of the Estate Duty Ordinance (Cap 111) is amended—
(a) by repealing subsection (2) and substituting—
"(2) Notice of any charge on any leasehold property constituted by subsection (1) which is
to be registered under the Land Registration Ordinance (Cap 128) may be given by the
Commissioner registering a memorial under that Ordinance against the property affected thereby,
which memorial—
(a) shall be signed by the Commissioner; and
(b) shall specify—
(i) the subsection under which the charge is constituted;
(ii) the name, description, and date of death of the deceased in respect of whose
estate the claim to estate duty arises; and
(iii) particulars of the property charged.";
(b) by adding—
"(2A) Notice of any charge on any leasehold property constituted by subsection (1) which is
to be registered under the Land Titles Ordinance (Cap 585) may be given by the Commissioner
registering a non-consent caution under that Ordinance against the property affected thereby,
which non-consent caution—
(a) shall state that the property is subject to a first charge under that subsection; and
(b) shall be supported by an application signed by the Commissioner specifying—
(i) the subsection under which the charge is constituted;
(ii) the name, description and date of death of the deceased in respect of whose
estate the claim to estate duty arises; and
(iii) particulars of the property charged.";
(c) by repealing subsection (3) and substituting—
"(3) A notice in writing of any charge under subsection (1) or (2) may be registered under
the Land Registration Ordinance (Cap 128) as an instrument affecting land.".
Inland Revenue Ordinance
39. Joint owners and co-owners
Section 56A(1) of the Inland Revenue Ordinance (Cap 112) is amended by repealing everything after "appearing
Cap 585 - LAND TITLES ORDINANCE 58
from" and substituting—
"—
(a) any deed, conveyance, judgment or other instrument in writing registered under the Land
Registration Ordinance (Cap 128); or
(b) the Title Register kept under the Land Titles Ordinance (Cap 585),
to be such an owner shall be answerable for doing all such acts, matters and things as would be required to be
done under the provisions of this Ordinance by a sole owner.".
Stamp Duty Ordinance
40. Section added
The Stamp Duty Ordinance (Cap 117) is amended by adding—
"2A. Instruments affected by Land
Titles Ordinance
Where an instrument in relation to registered land within the meaning of the Land Titles Ordinance (Cap
585) (including any instrument the form of which is specified under section 99 of that Ordinance)—
(a) falls into any of the following cases—
(i) is chargeable with stamp duty;
(ii) would be chargeable with stamp duty but for any provisions of the Land Titles Ordinance
(Cap 585); or
(iii) if the Land Titles Ordinance (Cap 585) had never been enacted, would be chargeable with
stamp duty but for any provisions of Part V; and
(b) would create, extinguish, transfer, vary or affect any legal or equitable interest in land but for any
provisions of the Land Titles Ordinance (Cap 585),
then, for the purposes of this Ordinance, the instrument shall—
(c) without prejudice to any other ground on which it may be void or voidable and notwithstanding
any law, not be void or voidable on the ground that it does not, of itself, create, extinguish,
transfer, vary or affect, as the case may be, such interest;
(d) where—
(i) paragraph (a)(i) is applicable, continue to be so chargeable;
(ii) paragraph (a)(ii) is applicable, be so chargeable;
(iii) paragraph (a)(iii) is applicable, continue to be so chargeable but for any provisions of Part
V,
notwithstanding any provisions of the Land Titles Ordinance (Cap 585); and
(e) accompany the application, within the meaning of section 2(1) of the Land Titles Ordinance (Cap
585), for the registration under that Ordinance of the matter which would, if so registered, create,
extinguish, transfer, vary or affect, as the case may be, such interest.".
41. Non-admissibility etc. of instruments not
duly stamped
Section 15(3) is amended—
(a) in paragraph (a), by repealing "or" at the end;
(b) by adding—
"(aa) a matter under the Land Titles Ordinance (Cap 585) if the instrument supporting the
registration of the matter—
(i) is stamped under section 5(1), 13(2) or 18E(1); or
(ii) is an agreement for sale that was made before 23 February 2013 and contains a
statement to the effect that it relates to non-residential property within the meaning of
section 29A(1); or (Added 26 of 2004 s. 104. Amended 14 of 2011 s. 19; 14 of 2014 s.
30)
Cap 585 - LAND TITLES ORDINANCE 59
(c) by adding“或事項”after“下文書”.
42. Section added
The following is added—
"67. Transitional provisions for purposes
of Land Titles Ordinance
(1) In this section, "date of first registration" (首次註冊日期), "dealing" (交易) and "registered land"
(註冊土地) have the meanings respectively assigned to them by section 2(1) of the Land Titles Ordinance (Cap
585).
(2) Where an instrument—
(a) has either been registered, or delivered for registration (including any case where a memorial of
such an instrument has been redelivered for registration on or after the date of first registration)
under the Land Registration Ordinance (Cap 128); and
(b) is stamped under section 13(2) but is not stamped under section 13 with a stamp denoting that it
is not chargeable with stamp duty or that it is duly stamped,
then the stamp duty, if any, chargeable on the instrument shall be a first charge on the registered land the subject
of the dealing to which the instrument relates.
(3) The charge under subsection (2) in respect of registered land shall expire on—
(a) the 1st anniversary of the date of first registration of the land;
(b) the date on which the instrument is stamped under section 13 with a stamp denoting that it is not
chargeable with stamp duty; or
(c) the date on which the instrument is stamped with a stamp denoting that it is duly stamped,
whichever is the earlier.
(4) Where a first charge under this section is registered under the Land Titles Ordinance (Cap 585) at any
time before the 1st anniversary of the date of first registration, then subsection (2), as in force immediately
before that day, shall continue to operate in relation to that charge as if subsection (3) had never been enacted.
(5) For the avoidance of doubt, it is hereby declared that a first charge under this section may be
registered under the Land Titles Ordinance (Cap 585) notwithstanding that the amount of the charge has not
been determined.".
Buildings Ordinance
43. Interpretation
Section 2(1) of the Buildings Ordinance (Cap 123) is amended by repealing the definition of "Land Registry".
44. Dangerous buildings
Section 26(2A) is amended by repealing "by memorial in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,".
45. Defective buildings
Section 26A(4A) is amended by repealing "by memorial in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,".
46. Dangerous hillsides, etc.
Section 27A(2D)(a) and (b) is amended by repealing "by memorial in the Land Registry" and substituting "under
the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,".
Cap 585 - LAND TITLES ORDINANCE 60
47. Water pipes, drains or sewers laid in
slopes, etc.
Section 27C(6) is amended by repealing "by memorial in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,".
48. Drainage
Section 28(6A) is amended by repealing "by memorial in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,".
49. Recovery of costs of works by
Building Authority
Section 33 is amended—
(a) in subsection (9)—
(i) by repealing "a memorial of";
(ii) by repealing "in the Land Registry" and substituting “under the Land Registration Ordinance
(Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,";
(iii) in paragraph (a), by repealing "such Land Registry register" and substituting "the Land Registry
register kept under the Land Registration Ordinance (Cap 128) or the Title Register kept under
the Land Titles Ordinance (Cap 585)";
(iv) in the proviso, by repealing "memorial thereof" and substituting "certificate under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)";
(b) in subsection (10)—
(i) by repealing "Upon" and substituting "Where the certificate is registered under the Land
Registration Ordinance (Cap 128), upon";
(ii) by repealing "any memorial" and substituting "any certificate";
(c) by adding—
"(11) Where the certificate is registered under the Land Titles Ordinance (Cap 585), upon
the recovery of any sum under this section, the Building Authority shall cause the appropriate
entries to be made in the Title Register kept under that Ordinance to effect a discharge or partial
discharge of the charge mentioned in subsection (9), as the case may require.".
Lands Resumption Ordinance
50. Interpretation
Section 2 of the Lands Resumption Ordinance (Cap 124) is amended, in the definition of "owner", by repealing
"in the Land Registry" and substituting "under the Land Registration Ordinance (Cap 128) or the Land Titles
Ordinance (Cap 585)".
51. Section substituted
Section 4A is repealed and the following substituted—
"4A. Purchase by agreement
(1) Where an order has been made for the resumption of any land under section 3, the Authority may,
before the land reverts to the Government under section 5—
(a) agree with the owner on the purchase of the land; and
(b) agree with any person—
(i) having an estate or interest in such land under an instrument registered under the Land
Registration Ordinance (Cap 128); or
Cap 585 - LAND TITLES ORDINANCE 61
(ii) having an estate or interest in such land which is registered under the Land Titles
Ordinance (Cap 585),
on the purchase of any such estate or interest therein.
(2) Any such agreement relating to land in respect of which an order under section 3 is made on or after
the commencement* of the Crown Lands Resumption (Amendment) Ordinance 1984 (5 of 1984) may provide
for the payment by the Authority to the owner or such person of any costs or remuneration reasonably incurred
or paid by him in employing persons to act in a professional capacity in connection with the purchase.".
52. Compensation
Section 6(1)(a) is repealed and the following substituted—
"(a) make an offer of compensation in respect of the resumption of the land in writing to—
(i) the former owner; and
(ii) any person having, immediately before reversion—
(A) an estate or interest in such land under an instrument registered under the Land Registration
Ordinance (Cap 128); or
(B) an estate or interest in such land which is registered under the Land Titles Ordinance (Cap 585);
or".
Government Rent and Premium (Apportionment) Ordinance
53. Interpretation
Section 2 of the Government Rent and Premium (Apportionment) Ordinance (Cap 125) is amended—
(a) in the definition of "existing building", by repealing paragraph (c) and substituting—
"(c) in respect of which—
(i) in the case of a lot or section which is registered under the Land Titles Ordinance
(Cap 585), the Title Register kept under that Ordinance contains no current entry
providing for a basis of apportionment of the principal Government rent reserved
under the new Government lease or of the annual instalment of premium payable in
respect of that relevant interest; or
(ii) in the case of any other lot or section, no instrument containing a basis of
apportionment of the principal Government rent reserved under the new Government
lease or of the annual instalment of premium payable in respect of that relevant
interest has been registered under the Land Registration Ordinance (Cap 128);";
(b) in the definition of "owner", by repealing paragraphs (a) and (b) and substituting—
"(a) the person whose name is registered under the Land Registration Ordinance (Cap 128) or
the Land Titles Ordinance (Cap 585) as that of the owner or one of the owners of the
section or relevant interest, as the case may be; and
(b) a mortgagee under a mortgage which is registered under the Land Registration Ordinance
(Cap 128) or an owner of a charge which is registered under the Land Titles Ordinance
(Cap 585);";
(c) in the definition of "relevant interest", by repealing "under the terms of an instrument registered in the
Land Registry to exclusive possession of premises in that building;" and substituting—
"to exclusive possession of premises in that building under the terms of an instrument—
(a) which is registered under the Land Registration Ordinance (Cap 128); or
(b) which is registered under the Land Titles Ordinance (Cap 585) or which supports a
current entry in the Title Register kept under that Ordinance;";
(d) by repealing the definition of "section" and substituting—
""section" (分段) means any portion or division of a lot which has been assigned, alienated or
retained for the whole of the term or interest created by the Government lease of the lot by
or under an instrument—
(a) which is registered under the Land Registration Ordinance (Cap 128); or
Cap 585 - LAND TITLES ORDINANCE 62
(b) which is registered under the Land Titles Ordinance (Cap 585) or which
supports a current entry in the Title Register kept under that Ordinance.".
54. Apportionment of Government rent
Section 6(1)(b) is amended by repealing "which is registered in the Land Registry; or" and substituting—
"—
(i) which is registered under the Land Registration Ordinance (Cap 128); or
(ii) which is registered under the Land Titles Ordinance (Cap 585) or which supports a current entry in the
Title Register kept under that Ordinance; or".
55. Apportionment of premium on section
Section 7(1)(a) is amended by repealing "which is registered in the Land Registry; or" and substituting—
"—
(i) which is registered under the Land Registration Ordinance (Cap 128); or
(ii) which is registered under the Land Titles Ordinance (Cap 585) or which supports a current entry in the
Title Register kept under that Ordinance; or".
56. Area of lot or section
Section 10(1) is amended by repealing everything after "contained in" and substituting—
"—
(a) a Government lease or other instrument—
(i) which is registered under the Land Registration Ordinance (Cap 128); or
(ii) which is registered under the Land Titles Ordinance (Cap 585) or which supports a current entry
in the Title Register kept under that Ordinance; or
(b) any plan annexed to or endorsed on any such Government lease or instrument.".
57. Cases in which Government rent or premium to
be treated as apportioned in registered
instrument
Section 11(a) and (b) is amended by repealing "in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128), or which is registered under the Land Titles Ordinance (Cap 585) or which
supports a current entry in the Title Register kept under that Ordinance,".
58. Apportionment of Government rent on
relevant interest
Section 13(1)(a) is amended by repealing "which is registered in the Land Registry; or" and substituting—
"—
(i) which is registered under the Land Registration Ordinance (Cap 128); or
(ii) which is registered under the Land Titles Ordinance (Cap 585) or which supports a current entry in the
Title Register kept under that Ordinance; or".
59. Apportionment of premium on relevant interest
Section 14(1)(a) is amended by repealing "which is registered in the Land Registry; or" and substituting—
"—
(i) which is registered under the Land Registration Ordinance (Cap 128); or
(ii) which is registered under the Land Titles Ordinance (Cap 585) or which supports a current entry in the
Title Register kept under that Ordinance; or".
Cap 585 - LAND TITLES ORDINANCE 63
60. Notice of determined Government rent and
determined annual instalment of premium
Section 22(1)(b) and (2)(b) is amended by adding "kept under the Land Registration Ordinance (Cap 128) or
registered under the Land Titles Ordinance (Cap 585), as the case may require," after "Land Registry records".
61. Covenants between owners not to be affected
Section 25 is amended by repealing "which is registered in the Land Registry, but" and substituting—
"—
(a) which is registered under the Land Registration Ordinance (Cap 128); or
(b) which is registered under the Land Titles Ordinance (Cap 585) or which supports a current entry in the
Title Register kept under that Ordinance,
but".
Government Rights (Re-entry and Vesting
Remedies) Ordinance
62. Interpretation
Section 2 of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap 126) is amended—
(a) in the definition of "former owner", by repealing everything after "immediately before" and
substituting—
"—
(a) in the case of a lot or relevant interest which is registered under the Land Titles
Ordinance (Cap 585), the time of registration under that Ordinance of an application
supported by an instrument of re-entry or a vesting notice, as the case may be;
(b) in the case of any other lot or relevant interest, the time of registration under the Land
Registration Ordinance (Cap 128) of an instrument of re-entry or a vesting notice, as
the case may be;";
(b) in the definition of "owner"—
(i) in paragraph (a), by repealing "in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)";
(ii) in paragraph (b), by repealing "in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128) or an owner of a charge which is registered under the Land
Titles Ordinance (Cap 585)";
(c) in the definition of "relevant interest", by repealing everything after "entitled" and substituting—
"to exclusive possession of premises in that building under the terms of an instrument—
(a) which is registered under the Land Registration Ordinance (Cap 128); or
(b) which is registered under the Land Titles Ordinance (Cap 585) or which supports a
current entry in the Title Register kept under that Ordinance;";
(d) in the definition of "vesting notice", by repealing "registered in the Land Registry under section 7." and
substituting—
"issued under section 7—
(a) which is registered under the Land Registration Ordinance (Cap 128); or
(b) which supports an application for registration relating to the vesting notice under the
Land Titles Ordinance (Cap 585).".
63. Instrument of re-entry
Section 4 is amended—
(a) in subsection (1)—
Cap 585 - LAND TITLES ORDINANCE 64
(i) by repealing "a memorial of an instrument of re-entry" and substituting "an instrument of re-
entry may be issued";
(ii) by repealing "may be registered in the Land Registry." and substituting—
"and—
(a) if such an instrument relates to lands or tenements registered under the Land
Titles Ordinance (Cap 585), it may be made the subject of an application for
registration under that Ordinance; and
(b) if such an instrument relates to other lands or tenements, it may be registered
under the Land Registration Ordinance (Cap 128).";
(b) in subsection (2), by repealing "on the registration of such a memorial" and substituting "upon the
making of an entry relating to such an instrument in the Title Register kept under the Land Titles
Ordinance (Cap 585), or the registration of such an instrument under the Land Registration Ordinance
(Cap 128)".
64. Section substituted
Section 5 is repealed and the following substituted—
"5. Notice of registration of instrument of re-entry
Notice of the making of an entry in the Title Register kept under the Land Titles Ordinance (Cap 585)
relating to, or the registration under the Land Registration Ordinance (Cap 128) of, an instrument of re-entry by
the Government shall be published in the Gazette.".
65. Power to vest relevant interest in The Financial
Secretary Incorporated
Section 7 is amended—
(a) in subsection (1), by repealing everything after paragraph (b) and substituting—
"a vesting notice may be issued, under the hand of any public officer authorized by the Chief
Executive to sign such instruments, and—
(c) if the relevant interest is registered under the Land Titles Ordinance (Cap 585), such
vesting notice may be made the subject of an application for registration under that
Ordinance; and
(d) if the relevant interest is not registered under the Land Titles Ordinance (Cap 585),
such vesting notice may be registered under the Land Registration Ordinance (Cap
128).";
(b) in subsection (1A), by repealing everything after "Government Leases Ordinance (Cap 40)" and
substituting—
"a vesting notice may be issued, under the hand of any public officer authorized by the Chief
Executive to sign such instruments, and—
(a) if the relevant interest of which the tenement to which the demand relates forms a part
is registered under the Land Titles Ordinance (Cap 585), such vesting notice may be
made the subject of an application for registration under that Ordinance; and
(b) if the relevant interest of which the tenement to which the demand relates forms a part
is not registered under the Land Titles Ordinance (Cap 585), such vesting notice may
be registered under the Land Registration Ordinance (Cap 128).";
(c) in subsection (2)—
(i) by repealing everything before paragraph (a) and substituting—
"(2) Immediately upon the making of an entry relating to a vesting notice in the Title
Register kept under the Land Titles Ordinance (Cap 585), or the registration of a vesting notice
under the Land Registration Ordinance (Cap 128)—";
(ii) in paragraph (b), by repealing "registered in the Land Registry" and substituting "supporting a
Cap 585 - LAND TITLES ORDINANCE 65
current entry in the Title Register kept under the Land Titles Ordinance (Cap 585), or registered
under the Land Registration Ordinance (Cap 128),";
(iii) in paragraph (i), by repealing "in the Land Registry" and substituting "under the Land Titles
Ordinance (Cap 585) or the Land Registration Ordinance (Cap 128)";
(iv) in paragraph (iv), by repealing "registered in the Land Registry" and substituting "supporting a
current entry in the Title Register kept under the Land Titles Ordinance (Cap 585), or not
registered under the Land Registration Ordinance (Cap 128)";
(d) in subsection (3), by repealing "registered in the Land Registry under subsection (1) or (1A)" and
substituting "which, under subsection (1) or (1A), is made the subject of an application for registration
under the Land Titles Ordinance (Cap 585), or is registered under the Land Registration Ordinance
(Cap 128)".
66. Right to apply for relief against re-entry
or vesting
Section 8 is amended—
(a) in subsection (1), by repealing "where a memorial of re-entry has been registered under section 4 in the
Land Registry" and substituting "where, under section 4, an entry relating to an instrument of re-entry
has been made in the Title Register kept under the Land Titles Ordinance (Cap 585), or an instrument
of re-entry has been registered under the Land Registration Ordinance (Cap 128)";
(b) in subsection (2), by repealing "where a vesting notice has been registered under section 7 in the Land
Registry" and substituting "where, under section 7, an entry relating to a vesting notice has been made
in the Title Register kept under the Land Titles Ordinance (Cap 585), or a vesting notice has been
registered under the Land Registration Ordinance (Cap 128)";
(c) in subsection (3), by repealing "from the registration of the memorial of re-entry or vesting notice" and
substituting "from the date of the making of the entry in the Title Register kept under the Land Titles
Ordinance (Cap 585) relating to the instrument of re-entry or vesting notice, or the date of registration
of the instrument of re-entry or vesting notice under the Land Registration Ordinance (Cap 128)".
67. Power of Chief Executive or Chief Executive
in Council to order cancellation of instrument
of re-entry or vesting notice
Section 9(1)(a) and (2)(a) is amended by repealing "memorial" and substituting "instrument".
68. Powers of Court of First Instance in
respect of application for relief
Section 10 is amended by repealing "memorial" and substituting "instrument".
69. Cancellation of instrument of re-entry
Section 11 is amended—
(a) in subsection (1)—
(i) by repealing "A memorial" and substituting "An instrument";
(ii) by repealing "the memorial" where it twice appears and substituting "the instrument";
(b) in subsection (2)—
(i) by repealing "a memorial" and substituting "an instrument";
(ii) by repealing "it had never been registered" and substituting "no entry had been made in respect
of it in the Title Register kept under the Land Titles Ordinance (Cap 585), or as if it had never
been registered under the Land Registration Ordinance (Cap 128), as the case may be";
(c) in subsection (3), by repealing "a memorial" and substituting "an instrument of re-entry".
70. Cancellation of vesting notice
Cap 585 - LAND TITLES ORDINANCE 66
Section 12 is amended—
(a) in subsection (1), by repealing "the memorial of";
(b) in subsection (2)—
(i) by repealing "the same had never been made or registered" and substituting "no entry had been
made in respect of it in the Title Register kept under the Land Titles Ordinance (Cap 585), or as
if it had never been registered under the Land Registration Ordinance (Cap 128), as the case may
be,";
(ii) by repealing "no vesting notice had been registered at the Land Registry" and substituting "no
entry had been so made or no vesting notice had been so registered, as the case may be".
Town Planning Ordinance
71. Enforcement on land within a development
permission area
Section 23 of the Town Planning Ordinance (Cap 131) is amended—
(a) in subsection (4A), by repealing "in the Land Registry" and substituting "under the Land Registration
Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require";
(b) in subsection (4B), by repealing everything after "or (4A)" and substituting "may be registered under
the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may
require.".
Public Health and Municipal Services Ordinance
72. Recovery of cost of works done or services
rendered by public officers or
public bodies
Section 130 of the Public Health and Municipal Services Ordinance (Cap 132) is amended—
(a) in subsection (9)—
(i) by repealing "in the Land Registry" and substituting "under the Land Registration Ordinance
(Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,";
(ii) by repealing "a memorial of";
(iii) by repealing "Land Registry register" and substituting "register kept under the Land Registration
Ordinance (Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap 585)";
(iv) in the proviso, by repealing "before the registration of the memorial" and substituting "under the
Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585) before the
registration";
(b) in subsection (10), by repealing everything after "this section" and substituting—
"in respect of which a certificate has been issued under the provisions of subsection (1), the public
officer concerned shall—
(a) if the certificate has been registered under the Land Registration Ordinance (Cap
128), register under that Ordinance an appropriate instrument of satisfaction against
the certificate; or
(b) if the certificate has been registered under the Land Titles Ordinance (Cap 585), cause
the appropriate entries to be made in the Title Register kept under that Ordinance to
effect a discharge or partial discharge of the charge mentioned in subsection (9), as
the case may require.".
Public Cleansing and Prevention of
Nuisances Regulation
73. Interpretation
Cap 585 - LAND TITLES ORDINANCE 67
Section 3 of the Public Cleansing and Prevention of Nuisances Regulation (Cap 132 sub. leg. BK) is amended,
in the definition of "common parts", by repealing "in an instrument registered in the Land Registry as being for the
exclusive use, occupation or enjoyment of an owner or occupier;" and substituting—
"as being for the exclusive use, occupation or enjoyment of an owner or occupier in an instrument—
(a) which is registered under the Land Registration Ordinance (Cap 128); or
(b) which is registered under the Land Titles Ordinance (Cap 585) or which supports a current entry
in the Title Register kept under that Ordinance;".
New Territories Leases (Extension) Ordinance
74. Interpretation
Section 3(1) of the New Territories Leases (Extension) Ordinance (Cap 150) is amended—
(a) by repealing the definition of "Land Registry register" and substituting—
""Land Registry register" (土地註冊處註冊紀錄冊) means so much of the register that is kept,
under the Land Registration Ordinance (Cap 128), or so much of the Title Register that is
kept, under the Land Titles Ordinance (Cap 585), in respect of land that is the subject of a
New Territories lease;";
(b) in the definition of "New Territories lease" and "lease", by repealing "or on behalf of the Governor"
and substituting "the Government".
75. Burdens and covenants
Section 7 is amended—
(a) in subsection (1), by repealing "registered in the Land Registry" and substituting "referred to in
subsection (4)";
(b) by adding—
"(4) For the purpose of subsection (1), the instrument referred to in that subsection is an
instrument—
(a) which is registered under the Land Registration Ordinance (Cap 128); or
(b) which is registered under the Land Titles Ordinance (Cap 585) or which supports a
current entry in the Title Register kept under that Ordinance.".
New Territories (Renewable Government Leases) Ordinance
76. Interpretation
Section 2 of the New Territories (Renewable Government Leases) Ordinance (Cap 152) is amended, in the
definition of "section", by repealing "in the Land Registry and also means" and substituting "under the Land
Registration Ordinance (Cap 128), or which is registered under the Land Titles Ordinance (Cap 585) or which
supports a current entry in the Title Register kept under that Ordinance, and".
77. New Government leases deemed to be granted on
1st July 1973
Section 4(4) is amended—
(a) in paragraph (a), by repealing "in the Land Registry" and substituting "under the Land Registration
Ordinance (Cap 128)";
(b) by adding—
"(aa) any charge registered under the Land Titles Ordinance (Cap 585);
(ab) any equitable mortgage which is the subject of a consent caution or non-consent caution
registered under the Land Titles Ordinance (Cap 585);".
Cap 585 - LAND TITLES ORDINANCE 68
Legal Practitioners Ordinance
78. Unqualified person not to prepare
certain instruments, etc.
Section 47(1)(b) of the Legal Practitioners Ordinance (Cap 159) is repealed and the following substituted—
"(b) draws or prepares any document for the purposes of the Land Registration Ordinance (Cap 128), the Land
Titles Ordinance (Cap 585), or the New Territories Ordinance (Cap 97), or makes any application or lodges
any testimony for registration under any of those Ordinances at the Land Registry,".
Domestic and Cohabitation Relationships Violence Ordinance
(Replaced 18 of 2009 s. 20)
79. Injunctions not to be registered
Section 10 of the Domestic and Cohabitation Relationships Violence Ordinance (Cap 189) is amended by adding
"or the Land Titles Ordinance (Cap 585)" after "Land Registration Ordinance (Cap 128)".
(Amended 18 of 2009 s. 20)
Crimes Ordinance
80. Section substituted
Section 153M of the Crimes Ordinance (Cap 200) is repealed and the following substituted—
"153M. Registration of notices and orders
relating to premises
(1) Where the Land Registrar receives a notice sent to him under section 145A, 153C(6) or 153H(4), or a
copy of an order sent to him under section 153A(2), 153I(8) or 153K(5), he shall as soon as reasonably
practicable register under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585),
as the case may require, the notice or copy of the order.
(2) A failure to register under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance
(Cap 585) a notice or copy of an order referred to in subsection (1) shall not, save as is provided in section
153C, affect its validity as against any person.".
Prevention of Bribery Ordinance
81. Restraining orders
Section 14C(3A) of the Prevention of Bribery Ordinance (Cap 201) is amended by repealing everything after
"property," and substituting "the order may be registered under the Land Registration Ordinance (Cap 128) or the
Land Titles Ordinance (Cap 585), as the case may require.".
Conveyancing and Property Ordinance
82. Proof of title and recitals
Section 13 of the Conveyancing and Property Ordinance (Cap 219) is amended by adding—
"(6) This section shall not apply to land which is registered land within the meaning of the Land Titles
Ordinance (Cap 585).".
83. Conversion of equitable interest to legal estate
Cap 585 - LAND TITLES ORDINANCE 69
where right to Government lease
Section 14(3) is amended—
(a) in paragraphs (a) and (b), by repealing "in the Land Registry";
(b) by repealing paragraph (c) and substituting—
"(c) upon the entry made by the Land Registrar in the register kept under the Land Registration
Ordinance (Cap 128), or in the Title Register kept under the Land Titles Ordinance (Cap
585), of a note to the effect that those conditions have been complied with.".
84. Construction of words and expressions
Section 15(d) is repealed and the following substituted—
"(d) Chinese words and terms shall be construed according to Chinese language and custom; and".
85. What an assignment is deemed to include
Section 16 is amended by adding—
"(3) This section shall not apply to land which is registered land within the meaning of the Land Titles
Ordinance (Cap 585).".
86. Assignment passes whole estate
Section 17 is amended—
(a) by renumbering it as section 17(1);
(b) by adding—
"(2) This section shall not apply to land which is registered land within the meaning of the
Land Titles Ordinance (Cap 585).".
87. Standard forms
Section 37 is amended—
(a) by renumbering it as section 37(1);
(b) by adding—
"(2) This section shall not apply to land which is registered land within the meaning of the
Land Titles Ordinance (Cap 585).".
88. Enforcement of covenants
Section 41 is amended—
(a) in subsection (3), by adding "and the Land Titles Ordinance (Cap 585)" after "subsection (5)";
(b) by adding—
"(9A) A covenant registered or deemed to be registered in the Title Register kept under the
Land Titles Ordinance (Cap 585) against the land affected by the covenant shall bind the successors
in title of the covenantor and the persons deriving title under or through him or them whether or not
they had notice of the covenant.".
89. Saving of covenants, terms and conditions
Section 42 is amended—
(a) in subsection (2)—
(i) by adding "or the Land Titles Ordinance (Cap 585)" after "Land Registration Ordinance (Cap
128)";
(ii) by repealing "Land Registry registers" and substituting "register kept under the Land Registration
Cap 585 - LAND TITLES ORDINANCE 70
Ordinance (Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap 585), as the
case may require,";
(b) by adding—
"(4) This section shall be subject to the provisions of the Land Titles Ordinance (Cap 585).".
90. Discharge of mortgage by signed receipt
Section 56 is amended by adding—
"(7) This section shall not apply to land which is registered land within the meaning of the Land Titles
Ordinance (Cap 585).".
91. Section substituted
Section 64 is repealed and the following substituted—
"64. Amendment of Schedules
(1) The Legislative Council may by resolution amend the First, Second or Fourth Schedule.
(2) The Land Registrar may, by notice in the Gazette, amend the Third Schedule.".
92. Covenants and Conditions which may be
incorporated by reference
The Second Schedule is amended, in Part A, in clause 10, by repealing "in the Land Registry, to register at the
Land Registry" and substituting "under the Land Registration Ordinance (Cap 128), to register under that Ordinance".
93. Forms
The Third Schedule is amended, in Form 1, in clause 3 of Form 4 and in clause 2(a) of Form 5, by repealing "in
the Land Registry by Memorial No." and substituting "under the Land Registration Ordinance (Cap 128) by Memorial
No. ".
Land Transactions (Enemy Occupation) Ordinance
94. Interpretation
Section 2 of the Land Transactions (Enemy Occupation) Ordinance (Cap 256) is amended by repealing the
definition of "Land Registry registers" and substituting—
""Land Registry registers" (土地註冊處註冊紀錄冊) means the register kept under the Land Registration
Ordinance (Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap 585).".
95. Proceedings in relation to disputes
Section 6(4) is amended by repealing "in the Land Registry" and substituting "under the Land Registration
Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,".
Mass Transit Railway (Land Resumption and
Related Provisions) Ordinance
96. Interpretation
Section 2 of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap 276) is
amended, in the definition of "mortgage", by repealing "in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)".
Cap 585 - LAND TITLES ORDINANCE 71
97. Chief Executive may order resumption
of land
Section 4(5) is amended by repealing "register of the land kept in the Land Registry" and substituting "register
kept under the Land Registration Ordinance (Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap
585), as the case may require".
98. Chief Executive may order creation of
easements or rights
Section 6(8) is amended by repealing "register of the land affected thereby kept in the Land Registry" and
substituting "register kept under the Land Registration Ordinance (Cap 128) or the Title Register kept under the Land
Titles Ordinance (Cap 585), as the case may require".
Housing Ordinance
99. Interpretation
Section 2 of the Housing Ordinance (Cap 283) is amended—
(a) in the definition of "common parts", by repealing "in an instrument registered in the Land Registry as
being for the exclusive use, occupation or enjoyment of an owner;" and substituting—
"as being for the exclusive use, occupation or enjoyment of an owner in an instrument—
(a) which is registered under the Land Registration Ordinance (Cap 128); or
(b) which is registered under the Land Titles Ordinance (Cap 585) or which supports a
current entry in the Title Register kept under that Ordinance;";
(b) by repealing the definition of "Land Registry";
(c) in the definition of "registered mortgagee", in paragraph (a), by repealing "in the Land Registry" and
substituting "under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap
585)".
Hong Kong Airport (Control of Obstructions) Ordinance
100. Orders by Chief Executive in Council relating
to heights of buildings
Section 3(3) of the Hong Kong Airport (Control of Obstructions) Ordinance (Cap 301) is repealed and the
following substituted—
"(3) An order under subsection (1)(c) shall be served upon the owner of the premises affected, and—
(a) if the land affected is registered under the Land Registration Ordinance (Cap 128), the order may
be registered under that Ordinance against the land affected by delivering to the Land Registrar a
memorial thereof signed by the Clerk to the Executive Council and containing the full terms of
the order; or
(b) if the land affected is registered under the Land Titles Ordinance (Cap 585), the order may be
registered under that Ordinance against the land affected by delivering a copy thereof to the Land
Registrar containing a declaration signed by the Clerk to the Executive Council to the effect that
it is a true and correct copy of the order,
and upon receipt of such memorial or copy, the Land Registrar shall register it in the register kept under the
Land Registration Ordinance (Cap 128) or in the Title Register kept under the Land Titles Ordinance (Cap 585),
as the case may require.".
101. Recovery of cost of works by Director
of Buildings
Cap 585 - LAND TITLES ORDINANCE 72
Section 16(9) is amended by repealing "in the Land Registry" and substituting "under the Land Registration
Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,".
Registered Trustees Incorporation Ordinance
102. Vesting of land
Section 7 of the Registered Trustees Incorporation Ordinance (Cap 306) is amended by repealing "Land Registry
register" and substituting "register kept under the Land Registration Ordinance (Cap 128) or the Title Register kept
under the Land Titles Ordinance (Cap 585)".
Air Pollution Control (Fuel Restriction) Regulations
103. Interpretation
Regulation 2 of the Air Pollution Control (Fuel Restriction) Regulations (Cap 311 sub. leg. I) is amended, in the
definition of "Sha Tin fuel restriction area", by repealing "Office" and substituting "Registry".
District Court Ordinance
104. Provisions supplementary to sections 52A
and 52B
Section 52AB of the District Court Ordinance (Cap 336) is amended—
(a) in subsection (2), by adding "and the Land Titles Ordinance (Cap 585)" after "Land Registration
Ordinance (Cap 128)";
(b) by adding—
"(6) If an order under subsection (4) discharging a charging order registered under the Land
Titles Ordinance (Cap 585) is made, the Land Registrar shall, on the presentation to him of an
application for the purpose accompanied by an office copy of the order, remove from the Title
Register kept under that Ordinance the entry referring to the order.".
Rules of the District Court
105. Special rules as to the sale of immovable
property
Order 47, rule 7(4)(b) of the Rules of the District Court (Cap 336 sub. leg. H) is repealed and the following
substituted—
"(b) In the case of immovable property which is registered under the Land Titles Ordinance (Cap 585), such
certificate shall be liable to the same stamp duty as an assignment of the same property and, when duly
stamped, may support an application for registration under that Ordinance of the purchaser as the owner of
the property.
(c) In the case of any other immovable property, such certificate shall be liable to the same stamp duty as an
assignment of the same property and, when duly stamped, shall be taken and deemed to be a valid transfer
of such right, title and interest and may be registered under the Land Registration Ordinance (Cap 128).".
106. Discharge, etc., of charging order
Order 50, rule 7(2) is amended by repealing "the lot number of the land and the memorial number of any
relevant charge registered against the land." and substituting—
"—
(a) the lot number of the land; and
(b) the memorial number of any relevant charge registered against the land under the Land
Cap 585 - LAND TITLES ORDINANCE 73
Registration Ordinance (Cap 128) or the application number of any relevant charge registered
against the land under the Land Titles Ordinance (Cap 585), as the case may be.".
Demolished Buildings (Re-development of Sites) Ordinance
107. Interpretation
Section 2(1) of the Demolished Buildings (Re-development of Sites) Ordinance (Cap 337) is amended by
repealing the definition of "Land Registry".
108. Premises made subject to Ordinance
Section 3(2) is repealed and the following substituted—
"(2) The Director shall cause—
(a) a copy of such notice to be served on any person appearing from the register kept under the Land
Registration Ordinance (Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap 585)
to have an interest in such property; and
(b) such notice to be registered under the Land Registration Ordinance (Cap 128) or the Land Titles
Ordinance (Cap 585), as the case may require.".
109. Order for re-development
Section 4(2) is repealed and the following substituted—
"(2) Where an order is served under subsection (1)—
(a) the order shall within one month of such service be registered under the Land Registration Ordinance
(Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require; and
(b) a copy of the order shall also be served on any person appearing from the register kept under the Land
Registration Ordinance (Cap 128), or the Title Register kept under the Land Titles Ordinance (Cap
585), to have an interest in such property.".
110. Assessment of incremental value
Section 6(2) is amended by repealing "Land Registry registers" and substituting "register kept under the Land
Registration Ordinance (Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap 585)".
111. Payment of compensation
Section 9(1) is amended by repealing "in the Land Registry by a memorial thereof signed" and substituting
"under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,".
112. Charge for compensation awarded
Section 12(1) is amended by repealing "in the Land Registry under" and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585) pursuant to".
Building Management Ordinance
113. Interpretation
Section 2 of the Building Management Ordinance (Cap 344) is amended—
(a) in the definition of "common parts", in paragraph (a), by repealing "in an instrument registered in the
Land Registry as being for the exclusive use, occupation or enjoyment of an owner; and" and
substituting—
"as being for the exclusive use, occupation or enjoyment of an owner in an instrument—
Cap 585 - LAND TITLES ORDINANCE 74
(i) which is registered under the Land Registration Ordinance (Cap 128); or
(ii) which is registered under the Land Titles Ordinance (Cap 585) or which supports a current
entry in the Title Register kept under that Ordinance; and";
(b) in the definition of "deed of mutual covenant", in paragraph (b), by repealing "in the Land Registry"
and substituting "under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap
585)";
(c) by repealing the definition of "Land Registry";
(d) in the definition of "owner", in paragraph (a), by repealing "records at the Land Registry" and
substituting "register kept under the Land Registration Ordinance (Cap 128) or the Title Register kept
under the Land Titles Ordinance (Cap 585)";
(e) in the definition of "registered mortgagee", in paragraph (a), by repealing "in the Land Registry" and
substituting "under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap
585)".
114. (Repealed 5 of 2007 s. 74)
115. Corporation may sell or register charges
against flat in certain circumstances
Section 19(1) is amended by repealing "a charge against such interest in the Land Registry" and substituting
"under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require, a
charge against such interest".
116. Determination of owner's shares
Section 39(a) is amended by repealing "in the Land Registry" and substituting "under the Land Registration
Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)".
117. Jurisdiction of tribunal in relation to building
management
Section 45 is amended—
(a) in subsection (3), by repealing "which is registered in the Land Registry including a deed of mutual
covenant (if any)." and substituting—
", including a deed of mutual covenant (if any)—
(a) which is registered under the Land Registration Ordinance (Cap 128); or
(b) which is registered under the Land Titles Ordinance (Cap 585) or which supports a
current entry in the Title Register kept under that Ordinance.";
(b) in subsection (4)(j), by repealing "which is registered in the Land Registry including a deed of mutual
covenant (if any)." and substituting—
", including a deed of mutual covenant (if any)—
(i) which is registered under the Land Registration Ordinance (Cap 128); or
(ii) which is registered under the Land Titles Ordinance (Cap 585) or which supports a current
entry in the Title Register kept under that Ordinance.".
118.-119. (Repealed 5 of 2007 s. 74)
Electricity Networks (Statutory Easements) Ordinance
120. Interpretation
Section 2 of the Electricity Networks (Statutory Easements) Ordinance (Cap 357) is amended, in the definition
of "owner"—
(a) in paragraph (a), by repealing "in the Land Registry" and substituting "under the Land Registration
Cap 585 - LAND TITLES ORDINANCE 75
Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)";
(b) in paragraph (b), by repealing "registered in the Land Registry;" and substituting—
"—
(i) which is registered under the Land Registration Ordinance (Cap 128); or
(ii) which is registered under the Land Titles Ordinance (Cap 585) or which supports a current
entry in the Title Register kept under that Ordinance;".
121. Easements not to have effect until order
registered
Section 5(1) and (2) is amended by adding "or the Land Titles Ordinance (Cap 585)" after "Land Registration
Ordinance (Cap 128)".
122. Registration of order to be advertised in press
Section 6 is amended—
(a) in subsections (1) and (2)(a), by adding "or the Land Titles Ordinance (Cap 585)" after "Land
Registration Ordinance (Cap 128)";
(b) in subsection (2)(b), by adding "or the number of the application" after "memorial".
123. Rectification etc. of approved scheme
Section 7(3) is amended by adding "or the Land Titles Ordinance (Cap 585)" after "Land Registration Ordinance
(Cap 128)".
124. Compensation for diminution of
value of land
Section 10(1) is amended by adding "or the Land Titles Ordinance (Cap 585)" after "Land Registration
Ordinance (Cap 128)".
Water Pollution Control Ordinance
125. Recovery of costs
Section 40B of the Water Pollution Control Ordinance (Cap 358) is amended—
(a) in subsection (9), by adding "or the Land Titles Ordinance (Cap 585)" after "Land Registration
Ordinance (Cap 128)";
(b) in subsection (10), by repealing everything after "shall" and substituting—
"—
(a) if a copy of the certificate has been registered under the Land Registration Ordinance
(Cap 128) against land or premises pursuant to subsection (9), register under that
Ordinance a certificate of satisfaction against the land or premises; or
(b) if a copy of the certificate has been registered under the Land Titles Ordinance (Cap
585) against land or premises pursuant to subsection (9), cause the appropriate entries
to be made in the Title Register kept under that Ordinance to effect a discharge of the
legal charge mentioned in that subsection.".
Water Pollution Control (Sewerage) Regulation
126. Compensation Rights and Assessment
Schedule 1 to the Water Pollution Control (Sewerage) Regulation (Cap 358 sub. leg. AL) is amended, in Part II,
in section 2, in the definition of "owner", in paragraph (b), by repealing "in the Land Registry" and substituting "under
Cap 585 - LAND TITLES ORDINANCE 76
the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)".
Roads (Works, Use and Compensation) Ordinance
127. Interpretation
Section 2(1) of the Roads (Works, Use and Compensation) Ordinance (Cap 370) is amended—
(a) in the definition of "mortgage", by repealing "in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)";
(b) in the definition of "owner", in paragraph (b), by repealing "in the Land Registry" and substituting
"under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)".
128. Governor may order resumption
of land
Section 13(5) is amended by repealing "register of the land kept in the Land Registry" and substituting "register
kept under the Land Registration Ordinance (Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap
585), as the case may require".
129. Governor may order creation of
easements and other rights
Section 15(8) is amended by repealing "register of the land kept in the Land Registry" and substituting "register
kept under the Land Registration Ordinance (Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap
585), as the case may require.
130. Surrender of title documents
Section 35 is amended by repealing "register of the land kept in the Land Registry" and substituting register
kept under the Land Registration Ordinance (Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap
585), as the case may require".
Drug Trafficking (Recovery of Proceeds) Ordinance
131. Restraint orders
Section 10(11) of the Drug Trafficking (Recovery of Proceeds) Ordinance (Cap 405) is repealed and the
following substituted—
"(11) Where any property specified in a restraint order is immovable property, the order may be registered
under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may
require.".
Drug Trafficking (Recovery of Proceeds)
(Designated Countries and Territories) Order
132. Drug Trafficking (Recovery of Proceeds)
Ordinance as modified
Schedule 2 to the Drug Trafficking (Recovery of Proceeds) (Designated Countries and Territories) Order (Cap
405 sub. leg. A) is amended by repealing section 10(11) and substituting—
"(11) Where any property specified in a restraint order is immovable property, the order may be registered
under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may
require.".
Cap 585 - LAND TITLES ORDINANCE 77
Sewage Tunnels (Statutory Easements) Ordinance
133. Interpretation
Section 2 of the Sewage Tunnels (Statutory Easements) Ordinance (Cap 438) is amended by repealing the
definition of "Land Registry".
134. Publication of plans
Section 4 is amended—
(a) in subsection (2)(d), by repealing "registered in the Land Registry" and substituting "referred to in
subsection (3)";
(b) by adding—
"(3) For the purpose of subsection (2)(d), the instrument referred to in that subsection is an
instrument—
(a) which is registered under the Land Registration Ordinance (Cap 128); or
(b) which is registered under the Land Titles Ordinance (Cap 585) or which supports a
current entry in the Title Register kept under that Ordinance.".
135. Objections
Section 5 is amended—
(a) in subsection (1), by repealing "registered in the Land Registry" and substituting "referred to in
subsection (5)";
(b) by adding—
"(5) For the purpose of subsection (1), the instrument referred to that subsection is an instrument
—
(a) which is registered under the Land Registration Ordinance (Cap 128); or
(b) which is registered under the Land Titles Ordinance (Cap 585) or which supports a
current entry in the Title Register kept under that Ordinance.".
136. Orders under section 6 or 7
Section 8 is amended by adding—
"(4) An order made under section 6 or 7 and applying in respect of any land to which the Land Titles
Ordinance (Cap 585) applies may be registered under that Ordinance.".
137. Deposit of plan and registration of order
Section 9(b) is amended by adding "or the Land Titles Ordinance (Cap 585), as the case may require" after
"Land Registration Ordinance (Cap 128)".
Land Drainage Ordinance
138. Interpretation
Section 2 of the Land Drainage Ordinance (Cap 446) is amended—
(a) by repealing the definition of "Land Registry";
(b) in the definition of "mortgage", by repealing "in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)";
(c) in the definition of "owner", in paragraph (b), by repealing "in the Land Registry" and substituting
"under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)".
139. Resumption of land on application
Cap 585 - LAND TITLES ORDINANCE 78
Section 37(7)(a) is amended by repealing "register of the land kept in the Land Registry" and substituting
"register kept under the Land Registration Ordinance (Cap 128) or the Title Register kept under the Land Titles
Ordinance (Cap 585), as the case may require".
140. Surrender of title documents
Section 44 is amended by repealing "register of the land kept in the Land Registry" and substituting "register
kept under the Land Registration Ordinance (Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap
585), as the case may require,".
Bedspace Apartments Ordinance
141. Recovery of cost of works by Authority
Section 25 of the Bedspace Apartments Ordinance (Cap 447) is amended—
(a) in subsection (2), by repealing "in the Land Registry" and substituting "under the Land Registration
Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,";
(b) in subsection (8), by repealing "in the Land Registry" and substituting "under the Land Registration
Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may require,";
(c) in subsection (9), by repealing“登記”and substituting“註冊”;
(d) in subsection (10), by repealing everything after "shall" and substituting—
"—
(a) if the certificate has been registered under the Land Registration Ordinance (Cap
128), register under that Ordinance an appropriate memorial of satisfaction against
the charge mentioned in subsection (8); or
(b) if the certificate has been registered under the Land Titles Ordinance (Cap 585), cause
the appropriate entries to be made in the Title Register kept under that Ordinance to
effect a discharge of the charge mentioned in subsection (8).".
Organized and Serious Crimes Ordinance
142. Restraint orders
Section 15(11) of the Organized and Serious Crimes Ordinance (Cap 455) is repealed and the following
substituted—
"(11) Where any property specified in a restraint order is immovable property, the order may be registered
under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may
require.".
Land Survey Ordinance
143. Interpretation
Section 2 of the Land Survey Ordinance (Cap 473) is amended by repealing the definition of "Land Registry".
144. Disciplinary offences
Section 20(l) is amended by repealing "section 30(6) or (8)" and substituting "section 30(6) or (8) or 30A(7) or
(9)".
145. Land boundary plans for subdivisions
Section 30 is amended by adding—
Cap 585 - LAND TITLES ORDINANCE 79
"(11) This section shall not apply to land which is registered land within the meaning of the Land Titles
Ordinance (Cap 585).".
146. Section added
The following is added—
"30A. Land boundary plans for
subdivision of registered land
(1) Subject to subsections (2) and (3), where there is presented to the Land Registrar any application—
(a) within the meaning of the Land Titles Ordinance (Cap 585); and
(b) the registration of which under that Ordinance will effect a division of registered land,
then the instrument accompanying the application and providing for the division shall, in respect of each of the
parcels of land to result from the division, be accompanied by a land boundary plan—
(c) showing and delineating those parcels; and
(d) subject to subsection (4), signed and certified by an authorized land surveyor in the specified
form.
(2) Without prejudice to the generality of subsections (3) and (4)—
(a) subject to paragraph (b), it shall not be necessary for an instrument referred to in subsection (1)
to be accompanied by a land boundary plan referred to in subsection (1) where the division of
registered land concerned is provided for by a will or judgment and that instrument is the grant of
probate in respect of the will, or the judgment, as the case may be;
(b) it shall be necessary for an instrument accompanying an application presented for the registration
under the Land Titles Ordinance (Cap 585) of a dealing to effect the passing of title to any parcel
of land resulting from that division to be accompanied by such a land boundary plan.
(3) It shall not be necessary for an instrument referred to in subsection (1) or (2)(b) to be accompanied by
a land boundary plan referred to in that subsection if the instrument was executed before the commencement of
section 30.
(4) It shall not be necessary for a land boundary plan—
(a) accompanying an instrument referred to in subsection (1) or (2)(b); and
(b) which has been prepared by the Government,
to be signed and certified by an authorized land surveyor.
(5) An authorized land surveyor who certified a land boundary plan referred to in subsection (1) or (2)(b)
shall deposit with the Authority a duplicate of the land boundary plan and the survey record plan of the relevant
land boundary survey both signed and certified in the specified form, not later than 7 days after the application
referred to in that subsection to which the land boundary plan relates was presented to the Land Registrar.
(6) A prescribed fee shall be payable to the Authority by the authorized land surveyor who deposits a
duplicate land boundary plan and a survey record plan.
(7) The Authority may by notice in writing require any authorized land surveyor who has undertaken a
land boundary survey or any part of such survey to deliver to the Authority for his inspection within such time
as may be specified in the notice the following documents or things used in connection with or produced from
the survey as may be specified in the notice—
(a) the report of calibration of survey instruments;
(b) the survey instruments;
(c) field notes; and
(d) the report in relation to the land boundary definition.
(8) The Authority shall return any document or thing delivered under subsection (7) as soon as it is
practicable after inspection.
(9) The Authority may by notice in writing require an authorized land surveyor who deposited with the
Authority under subsection (5) a duplicate land boundary plan and a survey record plan to amend the duplicate
land boundary plan or the survey record plan or both so deposited with respect to the new boundary line created
by a division of land and shown and delineated thereon in such manner as specified in the notice to make them
comply with any code of practice approved under the Land Survey Ordinance (Cap 473) within such time as
Cap 585 - LAND TITLES ORDINANCE 80
specified in the notice.
(10) For the purposes of this section—
"judgment" (判決) includes a judgment or order of the Court of First Instance, the District Court or the Lands
Tribunal;
"registered land" (註冊土地) has the meaning assigned to it by section 2(1) of the Land Titles Ordinance (Cap
585).
(11) For the avoidance of doubt, it is hereby declared that a land boundary plan referred to in subsection (1)
shall not have effect other than the effect it has by virtue of its being a plan attached to or endorsed on or
accompanying an instrument delivered into the Land Registry for registration under the Land Titles Ordinance
(Cap 585).
(12) This section shall apply to land which is registered land within the meaning of the Land Titles
Ordinance (Cap 585).".
Marine Parks and Marine Reserves Regulation
147. Interpretation
Section 2 of the Marine Parks and Marine Reserves Regulation (Cap 476 sub. leg. A) is amended by repealing
the definition of "Land Registry".
Environmental Impact Assessment Ordinance
148. Recovery of costs
Section 25 of the Environmental Impact Assessment Ordinance (Cap 499) is amended—
(a) in subsection (9), by adding "or the Land Titles Ordinance (Cap 585), as the case may require," after
"Land Registration Ordinance (Cap 128)";
(b) in subsection (10), by repealing everything after "shall" and substituting—
"—
(a) if a copy of the certificate has been registered under the Land Registration Ordinance
(Cap 128) against land or premises pursuant to subsection (9), register under that
Ordinance a certificate of satisfaction against the land or premises; or
(b) if a copy of the certificate has been registered under the Land Titles Ordinance (Cap
585) against land or premises pursuant to subsection (9), cause the appropriate entries
to be made in the Title Register kept under that Ordinance to effect a discharge of the
legal charge mentioned in that subsection.".
Government Rent (Assessment and
Collection) Ordinance
149. Interpretation
Section 2 of the Government Rent (Assessment and Collection) Ordinance (Cap 515) is amended, in the
definition of "section", by repealing "registered in the Land Registry;" and substituting—
"—
(a) which is registered under the Land Registration Ordinance (Cap 128); or
(b) which is registered under the Land Titles Ordinance (Cap 585) or which supports a current entry in the
Title Register kept under that Ordinance;".
150. Exemption from liability to pay Government
rent
Section 4(13)(a) is amended by repealing everything after "entitled" and substituting—
Cap 585 - LAND TITLES ORDINANCE 81
"to the exclusive possession of any part of any building erected on the lot or of any part of the lot under the terms
of an instrument—
(i) which is registered under the Land Registration Ordinance (Cap 128); or
(ii) which is registered under the Land Titles Ordinance (Cap 585) or which supports a current entry in the
Title Register kept under that Ordinance.".
151. Deed of mutual covenant overridden
Section 38(4) is amended—
(a) in the definition of "common parts", by repealing "in an instrument registered in the Land Registry as
being for the exclusive use, occupation or enjoyment of an owner;" and substituting—
"as being for the exclusive use, occupation or enjoyment of an owner in an instrument—
(a) which is registered under the Land Registration Ordinance (Cap 128); or
(b) which is registered under the Land Titles Ordinance (Cap 585) or which supports a
current entry in the Title Register kept under that Ordinance;";
(b) in the definition of "deed of mutual covenant", in paragraph (b), by repealing "in the Land Registry"
and substituting "under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap
585)".
Railways Ordinance
152. Interpretation
Section 2 of the Railways Ordinance (Cap 519) is amended—
(a) in the definition of "mortgage", by repealing "in the Land Registry" and substituting "under the Land
Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585)";
(b) in the definition of "owner", in paragraph (b), by repealing "registered in the Land Registry".
153. Resumption order
Section 18(4) is amended by repealing "register of the land kept in the Land Registry" and substituting "register
kept under the Land Registration Ordinance (Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap
585), as the case may require".
154. Chief Executive may order creation of
easements and rights
Section 20(8) is amended by repealing "register of the land kept in the Land Registry" and substituting "register
kept under the Land Registration Ordinance (Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap
585), as the case may require".
155. Surrender of title documents
Section 40 is amended by repealing "register of the land kept in the Land Registry" and substituting "register
kept under the Land Registration Ordinance (Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap
585), as the case may require".
Mutual Legal Assistance in Criminal Matters Ordinance
156. Enforcement, etc. of external confiscation orders
Schedule 2 to the Mutual Legal Assistance in Criminal Matters Ordinance (Cap 525) is amended by repealing
section 7(10) and substituting—
"(10) Where any property specified in a restraint order is immovable property, the order may be registered
Cap 585 - LAND TITLES ORDINANCE 82
under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap 585), as the case may
require.".
Land (Compulsory Sale for Redevelopment) Ordinance
157. Interpretation
Section 2(1) of the Land (Compulsory Sale for Redevelopment) Ordinance (Cap 545) is amended by repealing
the definition of "lis pendens" and substituting—
""lis pendens" (待決案件) means a lis pendens—
(a) within the meaning of section 1A of the Land Registration Ordinance (Cap 128) and which is
registered under that Ordinance; or
(b) within the meaning of section 2(1) of the Land Titles Ordinance (Cap 585) and which is
registered under that Ordinance;".
158. Application to Tribunal for compulsory
sale of lot
Section 3(3)(b) is amended by adding "or the Land Titles Ordinance (Cap 585), as the case may require," after
"Land Registration Ordinance (Cap 128)".
159. Determination of application
Section 4(13) is amended by adding "or removed under the Land Titles Ordinance (Cap 585), as the case may
require" after "Land Registration Ordinance (Cap 128)".
160. Registration of order for sale, etc.
Section 7 is amended—
(a) in subsections (1) and (2), by adding "or the Land Titles Ordinance (Cap 585), as the case may require,"
after "Land Registration Ordinance (Cap 128)";
(b) in subsection (3), by adding "or removed under the Land Titles Ordinance (Cap 585), as the case may
require" after "Land Registration Ordinance (Cap 128)".
Broadcasting Ordinance
161. Domestic free television programme
service supplementary provisions
Schedule 4 to the Broadcasting Ordinance (Cap 562) is amended, in Part 2, in section 9(8), by repealing "by
memorial" and substituting "under the Land Registration Ordinance (Cap 128) or the Land Titles Ordinance (Cap
585), as the case may require,".
Fire Safety (Buildings) Ordinance
162. Registration of fire safety compliance
order, etc. in the Land Registry
Section 14(1) and (2) of the Fire Safety (Buildings) Ordinance (Cap 572) is amended—
(a) by repealing "by memorial";
(b) by repealing “land register" and substituting "register kept under the Land Registration Ordinance
(Cap 128) or the Title Register kept under the Land Titles Ordinance (Cap 585), as the case may
require,".
___________________________________________________________________________
Cap 585 - LAND TITLES ORDINANCE 83
Note:
* Commencement date: 13 January 1984.
Schedule: 4 CONSEQUENTIAL AMENDMENTS TO LAND
REGISTRATION ORDINANCE
Remarks:
Not yet in operation
[section 104]
1. Interpretation
Section 1A of the Land Registration Ordinance (Cap 128) is amended—
(a) by renumbering it as section 1A(1);
(b) in subsection (1)—
(i) in the definition of "register card", by repealing the full stop at the end and substituting a
semicolon;
(ii) by adding—
""caution against conversion" (抗轉換警告書) means a document in the specified form—
(a) giving notice of a claim to title to land or a beneficial interest in the land; and
(b) specifying that title or interest and that land;
"caveat" (知會備忘) means a document in the specified form—
(a) giving notice of a claim to an unregistrable interest in land; and
(b) specifying that interest and that land;
"registered caution against conversion" (註冊抗轉換警告書) means a caution against
conversion registered under this Ordinance;
"registered caveat" (註冊知會備忘) means a caveat registered under this Ordinance;
"specified" (指明), in relation to a form, means specified under section 27A;
"unregistrable interest" (不可註冊權益) means any interest or equity in or affecting land
which—
(a) has been created by operation of law; and
(b) but for the enactment of section 21A, would not be registrable under this
Ordinance.";
(c) by adding—
"(2) Unless the context otherwise requires, any reference in any other enactment to a thing
being noted in or shown in a register kept under this Ordinance, or to the register of a lot or
section kept under this Ordinance, shall be construed as a reference to the relevant records of the
Land Registry kept under this Ordinance, by whatever name called.".
2. Section added
The following is added immediately after section 1A—
"1B. Application
This Ordinance does not apply to new land or registered land within the meaning of the Land Titles
Ordinance (Cap 585).".
3. Establishment of Land Registry for registration
of instruments affecting land
Section 2 is amended by adding—
Cap 585 - LAND TITLES ORDINANCE 84
"(1A) A caveat and a caution against conversion shall be regarded as an instrument in writing capable of
registration under this Ordinance.".
4. Section substituted
Section 17 is repealed and the following substituted—
"17. Registration and re-registration of
judgment, order or lis pendens
(1) Subject to subsection (2)—
(a) the registration of a relevant order shall cease to have effect immediately upon the expiration of 5
years from the date of registration of the order but the order may be re-registered from time to
time and, if so re-registered, the re-registration of the order shall have effect for another 5 years
from the date of re-registration; and
(b) if the re-registration of a relevant order is made before the expiration of a current period of
registration or re-registration of the order, then the order shall retain its original priority.
(2) For the avoidance of doubt, it is hereby declared that the operation of this section shall not prejudice
the generality of any other provisions of this Ordinance under which the registration of a relevant order may be
removed or withdrawn.
(3) In this section, "relevant order" (有關命令) means a judgment, order or lis pendens.".
5. Sections added
The following are added immediately after section 21—
"CAVEATS
21A. Registration of caveat to protect
unregistrable interest
A person who claims an unregistrable interest in land may make an application in the specified form to the
Land Registrar to register a caveat against the land.
21B. Effect of registration of caveat
(1) The registration of a caveat against land shall constitute notice of the claim which is the subject of the
caveat to all persons.
(2) For the avoidance of doubt, it is hereby declared that the registration of a caveat shall not—
(a) of itself affect the validity or otherwise of the claim which is the subject of the caveat;
(b) of itself create or validate any rights or interests, or adversely affect any rights or interests, of the
caveator; or
(c) without prejudice to the generality of paragraph (a), constitute a warranty, or a guarantee, as to
the validity of the claim.
(3) The registration of a caveat does not prejudice the priority of the claim which is the subject of the
caveat.
21C. Relationship between caveat and
registered instrument
The question of whether a registered instrument is subject to an unregistrable interest claimed under a
caveat shall be determined in accordance with the law in force at the time when the transaction which is the
subject of the registered instrument was effected.
Cap 585 - LAND TITLES ORDINANCE 85
21D. Priority among unregistrable interests
relating to the same land
The priority of all unregistrable interests relating to the same land, and whether or not any such interest is
the subject of a registered caveat, shall be determined in accordance with the law applicable to the priority
among such interests.
21E. Withdrawal and removal of caveats
(1) A caveat may be withdrawn on the presentation to the Land Registrar by the caveator of an application
in the specified form for the withdrawal of the caveat.
(2) A caveat may be removed on the presentation to the Land Registrar of an application in the specified
form for the removal of the caveat—
(a) in any case, by a person who has obtained an order of the Court of First Instance for its removal;
(b) by the owner of the land affected by the caveat but only if the Land Registrar—
(i) is satisfied that the owner has provided a copy of the application to the caveator not less
than 14 days before the presentation of the application to the Land Registrar; and
(ii) is satisfied—
(A) that the caveat was wrongfully registered;
(B) that the ground on which the caveat was registered no longer exists; or
(C) that the caveator consents to the removal of the caveat.
(3) The Land Registrar may require the owner of land presenting an application for the removal of a caveat
under subsection (2)(b) to support the application by such evidence as the Land Registrar requires.
(4) A person with an interest in land affected by the caveat may apply by originating summons to the
Court of First Instance for the removal of the caveat and the Court of First Instance may make such order on the
originating summons and as to costs as to the Court of First Instance appears just.
(5) On the withdrawal or removal of a caveat—
(a) the Land Registrar shall cause an entry to be made in the register kept under this Ordinance in
respect of the land against which the caveat was registered, giving notice of the withdrawal or
removal of the caveat; and
(b) any liability of the caveator previously incurred under section 21F shall not be affected by the
entry made under paragraph (a).
21F. Wrongful caveats
(1) A person who applies to the Land Registrar to register a caveat without reasonable cause shall be
liable, in an action for damages at the suit of—
(a) the owner of land concerned; or
(b) any other person who has an interest in the land,
to pay compensation to the owner or other person for any damage sustained thereby, in such amount as to the
Court of First Instance appears just.
(2) A caveator under a registered caveat who fails, without reasonable excuse, to apply to the Land
Registrar for the withdrawal of the caveat within a reasonable period of time after the ground on which it was
registered ceases to exist, shall be liable, in an action for damages at the suit of a person referred to in subsection
(1)(a) or (b), to pay compensation to that person for any damage sustained thereby, in such amount as to the
Court of First Instance appears just.
CAUTIONS AGAINST CONVERSION
21G. Registration of caution against conversion
(1) Subject to subsection (2), a person who claims to have any title to land, or a beneficial interest in any
land, may make an application in the specified form to the Land Registrar to register a caution against
conversion against the land.
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(2) No application may be made under subsection (1) on or after the 12th anniversary of the appointed day
as defined by section 2(1) of the Land Titles Ordinance (Cap 585).
21H. Effect of registration of caution against
conversion
(1) Land against which a registered caution against conversion subsists shall not become registered land
under the Land Titles Ordinance (Cap 585).
(2) The registration of a caution against conversion against land shall constitute notice of the claim which
is the subject of the caution against conversion to all persons.
(3) For the avoidance of doubt, it is hereby declared that the registration of a caution against conversion
shall not—
(a) of itself affect the validity or otherwise of the claim which is the subject of the caution against
conversion;
(b) of itself create or validate any rights or interests, or adversely affect any rights or interests, of the
cautioner; or
(c) without prejudice to the generality of paragraph (a), constitute a warranty, or a guarantee, as to
the validity of the claim.
(4) The registration of a caution against conversion does not prejudice the priority of the claim which is
the subject of the caution against conversion.
21I. Relationship between caution against
conversion and registered instrument
The question of whether a registered instrument is subject to an interest claimed under a caution against
conversion shall be determined in accordance with the law in force at the time when the transaction which is the
subject of the registered instrument was effected.
21J. Validity of registration of caution against
conversion
(1) Subject to subsections (2), (3), (4), (5) and (6) and section 21K, the registration of a caution against
conversion shall expire immediately upon the commencement of the 1st anniversary of its date of registration.
(2) Subject to subsection (3), the cautioner under a registered caution against conversion may from time to
time apply by originating summons to the Court of First Instance for the extension of the validity of registration
of the caution against conversion and the Court of First Instance may make such order on the originating
summons and as to costs as to the Court of First Instance appears just.
(3) An application for time extension under subsection (2) must be made—
(a) before the expiration of the validity of registration of a registered caution against conversion; or
(b) if the application is made within an extension granted under that subsection, before the expiration
of such extension.
(4) Subject to subsection (5), the Court of First Instance shall not grant any extension of time under
subsection (2) which would extend the validity of the registration of a caution against conversion beyond the
date of the 2nd anniversary of the caution against conversion's first date of registration.
(5) The Court of First Instance may, if it is satisfied that exceptional circumstances exist, grant an
extension of time under subsection (2) notwithstanding that the applicant has not complied with subsection (3)
or that the extension would extend the validity of registration of the caution against conversion beyond the date
referred to in subsection (4).
(6) Where before the expiration of the validity of the registration of a caution against conversion under this
section, a lis pendens relating to the claim which is the subject of the caution against conversion has been
registered by the cautioner against land against which the caution against conversion is registered, then, subject
to section 21K, the validity of the registration of the caution against conversion shall not expire under this
section until the registration of the lis pendens has been vacated or discharged.
(7) The Land Registrar shall not—
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(a) register more than one caution against conversion in respect of the same claim made by the same
person; or
(b) again register a caution against conversion the registration of which—
(i) has previously expired; or
(ii) has been withdrawn or removed under section 21K.
21K. Withdrawal and removal of
caution against conversion
(1) A caution against conversion may be withdrawn on the presentation to the Land Registrar by the
cautioner of an application in the specified form for the withdrawal of the caution.
(2) A caution against conversion may be removed on the presentation to the Land Registrar of an
application in the specified form for the removal of the caution—
(a) in any case, by a person who has obtained an order of the Court of First Instance for its removal;
(b) by the owner of the land affected by the caution but only if the Land Registrar—
(i) is satisfied that the owner has provided a copy of the application to the cautioner not less
than 14 days before the presentation of the application to the Land Registrar; and
(ii) is satisfied—
(A) that the caution was wrongfully registered;
(B) that the ground on which the caution was registered no longer exists; or
(C) that the cautioner consents to the removal of the caution.
(3) The Land Registrar may require the owner of land presenting an application for the removal of a
caution against conversion under subsection (2)(b) to support the application by such evidence as the Land
Registrar requires.
(4) A person with an interest in land affected by the caution against conversion may apply by originating
summons to the Court of First Instance for the removal of the caution against conversion and the Court of First
Instance may make such order on the originating summons and as to costs as to the Court of First Instance
appears just.
(5) On the withdrawal or removal of a caution against conversion—
(a) the Land Registrar shall cause an entry to be made in the register kept under this Ordinance in
respect of the land against which the caution against conversion was registered, giving notice of
the withdrawal or removal of the caution against conversion; and
(b) any liability of the cautioner previously incurred under section 21L shall not be affected by the
entry made under paragraph (a).
21L. Wrongful caution against conversion
(1) A person who applies to the Land Registrar to register a caution against conversion without reasonable
cause shall be liable, in an action for damages at the suit of—
(a) the owner of land concerned; or
(b) any other person who has an interest in the land,
to pay compensation to the owner or other person for any damage sustained thereby, in such amount as to the
Court of First Instance appears just.
(2) A cautioner under a registered caution against conversion who fails, without reasonable excuse, to
apply to the Land Registrar for the withdrawal of the caution against conversion within a reasonable period of
time after the ground on which it was registered ceases to exist, shall be liable, in an action for damages at the
suit of a person referred to in subsection (1)(a) or (b), to pay compensation to that person for any damage
sustained thereby, in such amount as to the Court of First Instance appears just.".
6. Section added
The following is added—
"27A. Power of Land Registrar to specify forms
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(1) Subject to subsection (2), the Land Registrar may specify the form of any document required under this
Ordinance to be in the specified form.
(2) A form specified under this section shall be—
(a) completed in accordance with such directions and instructions as are specified in the form;
(b) accompanied by such documents (including instruments, certificates, duplicates of the form and
statutory declarations) as are specified in the form; and
(c) if the completed form is required to be provided to the Land Registrar or any other person, so
provided in the manner, if any, specified in the form.
(3) For the avoidance of doubt, it is hereby declared that the Land Registrar's power under subsection (1)
may be exercised in such a way as to—
(a) include in the specified form of any document referred to in that subsection a statutory
declaration—
(i) to be made by the person completing the form; and
(ii) as to whether the particulars contained in the form are true and correct to the best of that
person's knowledge and belief;
(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives,
or to provide for particular circumstances or particular cases, as the Land Registrar thinks fit.".
