(4) An order may be made under subsection (1) or (3) whether or not the entry in the Title Register in question was obtained, made or omitted, as the case may be, before, on or after the date of first registration of the registered land or registered long term lease concerned.
(5) The Registrar shall give effect to an order made under subsection (1) or (3) in accordance with the provisions of the order.
(6) This section is without prejudice to the operation of section 3(4)(c).
(7) The Court may make such order as to the costs of proceedings under this section as to the Court appears just.
(8) Any costs of proceedings awarded against the Registrar in any proceedings under this section shall be paid out of the Land Titles Indemnity Fund.
(9) For the purpose of subsection (2), a person who is in receipt of rents or profits, or who has the right to receive rents or profits, in respect of the registered land or registered long term lease concerned shall be treated as being in possession of the land.
83. Time for bringing proceedings under section 82
(1) Subject to subsection (2), no application for the rectification of the Title Register may be made under section 82 after the end of the period of 12 years from the date on which the entry in the Title Register in question was obtained, made or omitted, as the case may be.
(2) The Limitation Ordinance (Cap. 347) shall apply, with necessary modifications, to an application for the rectification of the Title Register under section 82.
PART 12
Indemnity
84. Indemnity
(1) Subject to subsections (2) and (4)(b) and (c) and sections 85 and 87, a person suffering loss by reason of an entry in, or an entry omitted from, the Title Register, where such entry has been obtained, made or omitted, as the case may be, by or as the result of—
- (a) fraud—
- (i) on the part of any person;
- (ii) which affects the ownership of the registered land concerned or the registration of a person as the lessee of a registered long term lease; and
