Page:Land Titles Ordinance (Cap. 585).pdf/26

This page has been proofread, but needs to be validated.
LAND TITLES ORDINANCE
Ord. No. 26 of 2004
A1307
and any notices, orders and certificates relating to any such rights;
(h) any first charge under section 18(1) of the Estate Duty Ordinance (Cap. 111), but only if—
(i) the instrument which gave rise to the charge was registered under the Land Registration Ordinance (Cap. 128) before the date of first registration of the land;
(ii) not more than 3 years have elapsed since the date of that instrument; and
(iii) the charge has not been registered under section 18(2) of the Estate Duty Ordinance (Cap. 111);
(i) any first charge under section 67 of the Stamp Duty Ordinance (Cap. 117);
(j) any lease—
(i) for a term not exceeding 3 years (but excluding any option to renew or extend the term of the lease);
(ii) at the best rent which can reasonably be obtained without a premium; and
(iii) where the lessee is to take possession forthwith under the lease;
(k) any rights acquired, or in the course of being acquired, in the land where, by virtue of the Limitation Ordinance (Cap. 347), the title of the registered owner has been extinguished or will after the expiry of the appropriate period be extinguished;
(l) any rights under an enactment for the erection, construction or laying of (and including the use of)—
(i) electricity supply lines;
(ii) telephone lines or poles;
(iii) telegraph lines or poles;
(iv) pipelines (including sewage tunnels);
(v) aqueducts;
(vi) canals;
(vii) wires;
(viii) dams; or
(ix) telecommunications facilities.

(2) Subject to subsections (3) and (5), the Registrar may, as he thinks fit, register an overriding interest.

(3) The Registrar shall, on application presented to him by the relevant authority established or referred to in an enactment referred to in subsection (1)(g), register a notice, order or certificate referred to in that subsection.

(4) The Court may order—

(a) the registration of an overriding interest in such manner as it thinks fit and specified in the order; or