Land Titles Ordinance/Amendments

Layout 2

Consequential Amendments

Specification of Public Offices

1. Schedule amended

The Schedule to the Specification of Public Offices (Cap. 1 sub. leg.) is amended—

(a) by repealing—

“Secretary for Home Affairs

New Territories Ordinance (Chapter 97), section 9(2), for the purposes of section 19.”;

(b) by adding—

“Land Registrar

Land Titles Ordinance (26 of 2004).”.

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 (26 of 2004)” after “Land Registration Ordinance (Cap. 128)”;

(b) by adding—

“(6) In the case of a charging order registered under the Land Titles Ordinance (26 of 2004), 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 A) is repealed and the following substituted—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 (26 of 2004), 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 (26 of 2004), as the case may be.”.

Bankruptcy Rules

5. Registration of petition under Land Registration 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 (26 of 2004) 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 (26 of 2004) 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 (26 of 2004) 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 (26 of 2004) 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004)”.

Landlord and Tenant (Consolidation) Ordinance

11. Registration under the Land Registration 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004).”.

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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004),”.

Companies (Winding-up) Rules

16. Disclaimer

Rule 63(2) of the Companies (Winding-up) Rules (Cap. 32 sub. leg.) 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004) or which supports a current entry in the Title Register kept under that Ordinance,”.

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 (26 of 2004)”.

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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004)”.

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 (26 of 2004);

(ab) any equitable mortgage which is the subject of a consent caution or non-consent caution registered under the Land Titles Ordinance (26 of 2004);”.

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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004);”.

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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), as the case may require,” after “shall be registered”;

(b) by adding “under the Land Registration Ordinance (Cap. 128) or the Land Titles Ordinance (26 of 2004)” 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

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 (26 of 2004) 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 (26 of 2004).”.

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 (26 of 2004) 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 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 (26 of 2004), 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 (26 of 2004) (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 (26 of 2004); or

(iii) if the Land Titles Ordinance (26 of 2004) 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 (26 of 2004), 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 (26 of 2004); and

(e) accompany the application, within the meaning of section 2(1) of the Land Titles Ordinance (26 of 2004), 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 (26 of 2004) if the instrument supporting the registration of the matter is—

(i) stamped under section 5(1) or 13(2); or

(ii) an agreement for sale that either contains a statement to the effect that it relates to non-residential property within the meaning of section 29A(1) or is endorsed under section 29C(13)(a); or”;

(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 (26 of 2004).

(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 (26 of 2004) 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 (26 of 2004) 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), as the case may require,”.

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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004)”;

(iv) in the proviso, by repealing “memorial thereof” and substituting “certificate under the Land Registration Ordinance (Cap. 128) or the Land Titles Ordinance (26 of 2004)”;

(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 (26 of 2004), 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 (26 of 2004)”.

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

(ii) having an estate or interest in such land which is registered under the Land Titles Ordinance (26 of 2004),

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 (26 of 2004); 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 (26 of 2004), 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 (26 of 2004) 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 (26 of 2004);”;

(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 (26 of 2004) 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

(b) which is registered under the Land Titles Ordinance (26 of 2004) 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 (26 of 2004) 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 (26 of 2004) 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 (26 of 2004) 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 (26 of 2004) 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 (26 of 2004) 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 (26 of 2004) or which supports a current entry in the Title Register kept under that Ordinance; or”.

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 (26 of 2004), 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 (26 of 2004) 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 (26 of 2004), the time of registration under that Ordinance of an application supported by an instrument of reentry 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 (26 of 2004)”;

(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 (26 of 2004)”;

(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 (26 of 2004) 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 (26 of 2004).”.

63. Instrument of re-entry

Section 4 is amended—

(a) in subsection (1)—

(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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004) 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 current entry in the Title Register kept under the Land Titles Ordinance (26 of 2004), 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 (26 of 2004) 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004) 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 (26 of 2004), 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 reentry”.

70. Cancellation of vesting notice

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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004)”;

(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 (26 of 2004) 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 (26 of 2004), 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

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 (26 of 2004) 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 (26 of 2004), 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 (26 of 2004) 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 (26 of 2004) 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 (26 of 2004);

(ab) any equitable mortgage which is the subject of a consent caution or non-consent caution registered under the Land Titles Ordinance (26 of 2004);”.

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 (26 of 2004), 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 Violence Ordinance

79. Injunctions not to be registered

Section 10 of the Domestic Violence Ordinance (Cap. 189) is amended by adding “or the Land Titles Ordinance (26 of 2004)” after “Land Registration Ordinance (Cap. 128)”.

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 (26 of 2004), 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 (26 of 2004) 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 (26 of 2004), 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 (26 of 2004).”.

83. Conversion of equitable interest to legal estate 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 (26 of 2004), 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 (26 of 2004).”.

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 (26 of 2004).”.

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 (26 of 2004).”.

88. Enforcement of covenants

Section 41 is amended—

(a) in subsection (3), by adding “and the Land Titles Ordinance (26 of 2004)” 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 (26 of 2004) 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 (26 of 2004)” after “Land Registration Ordinance (Cap. 128)”;

(ii) 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 (26 of 2004), as the case may require,”;

(b) by adding—

“(4) This section shall be subject to the provisions of the Land Titles Ordinance (26 of 2004).”.

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 (26 of 2004).”.

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 (26 of 2004).”.

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 (26 of 2004), 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 (26 of 2004)”.

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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004) 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 (26 of 2004)”.

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 (26 of 2004), 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 (26 of 2004), as the case may require.”.

101. Recovery of cost of works by Director of Buildings

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 (26 of 2004), 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 (26 of 2004)”.

Air Pollution Control (Fuel Restriction) Regulations

103. Interpretation

Regulation 2 of the Air Pollution Control (Fuel Restriction) Regulations (Cap. 311 sub. leg.) 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 (26 of 2004)” 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 (26 of 2004) 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 (26 of 2004), 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 Registration Ordinance (Cap. 128) or the application number of any relevant charge registered against the land under the Land Titles Ordinance (26 of 2004), 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 (26 of 2004) 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004)”.

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 (26 of 2004), 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 (26 of 2004) 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—

(i) which is registered under the Land Registration Ordinance (Cap. 128); or

(ii) which is registered under the Land Titles Ordinance (26 of 2004) 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 (26 of 2004)”;

(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 (26 of 2004)”;

(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 (26 of 2004)”.

114. Notice of and voting at meetings

Section 5(5)(c)(iii) is amended by repealing “register kept 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 (26 of 2004), as the case may be,”.

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 (26 of 2004), 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 (26 of 2004)”.

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 (26 of 2004) 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 (26 of 2004) or which supports a current entry in the Title Register kept under that Ordinance.”.

118. Meetings and procedure of corporation

The Third Schedule is amended—

(a) in paragraph 3(5)(a), by repealing “the provisions of any instrument registered in the Land Registry and subject to sub-paragraph (6)” and substituting “sub-paragraph (6) and subject to the provisions of any instrument referred to in sub-paragraph (9)”;

(b) by adding—

“(9) For the purpose of sub-paragraph (5)(a), the instrument referred to in that sub-paragraph is an instrument—

(a) which is registered under the Land Registration Ordinance (Cap. 128); or

(b) which is registered under the Land Titles Ordinance (26 of 2004) or which supports a current entry in the Title Register kept under that Ordinance.”.

119. Terms added if consistent with deed of mutual covenant

The Eighth Schedule is amended, in paragraph 13(c)(iii), by repealing “register kept 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 (26 of 2004), as the case may be,”.

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 Ordinance (Cap. 128) or the Land Titles Ordinance (26 of 2004)”;

(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 (26 of 2004) 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 (26 of 2004)” 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 (26 of 2004)” 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 (26 of 2004)” 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 (26 of 2004)” 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 (26 of 2004)” 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 (26 of 2004) 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.) 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 the Land Registration Ordinance (Cap. 128) or the Land Titles Ordinance (26 of 2004)”.

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 (26 of 2004)”;

(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 (26 of 2004)”.

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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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.) 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 (26 of 2004), as the case may require.”.

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 (26 of 2004) 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 (26 of 2004) 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 (26 of 2004) 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 (26 of 2004), 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 (26 of 2004)”;

(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 (26 of 2004)”.

139. Resumption of land on application

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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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—

“(11) This section shall not apply to land which is registered land within the meaning of the Land Titles Ordinance (26 of 2004).”.

146. Section added

The following is added—

“0A. 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 (26 of 2004); 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 (26 of 2004) 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 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 (26 of 2004).

(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 (26 of 2004).

(12) This section shall apply to land which is registered land within the meaning of the Land Titles Ordinance (26 of 2004).”.

Marine Parks and Marine Reserves Regulation

147. Interpretation

Section 2 of the Marine Parks and Marine Reserves Regulation (Cap. 476 sub. leg.) 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 (26 of 2004), 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 (26 of 2004) 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 (26 of 2004) 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—

“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 (26 of 2004) 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 (26 of 2004) 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 (26 of 2004)”.

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 (26 of 2004)”;

(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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), 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 under the Land Registration Ordinance (Cap. 128) or the Land Titles Ordinance (26 of 2004), 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 (26 of 2004) 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 (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), as the case may require,” after “Land Registration Ordinance (Cap. 128)”;

(b) in subsection (3), by adding “or removed under the Land Titles Ordinance (26 of 2004), 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 (26 of 2004), 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 (26 of 2004), as the case may require,”.

Consequential Amendments to Land Registration Ordinance

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 (26 of 2004).”.

3. Establishment of Land Registry for registration of instruments affecting land

Section 2 is amended by adding—

“(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.

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.

(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 (26 of 2004).

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 (26 of 2004).

(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—

(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

(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.”.