- (c) specifying an address in Hong Kong for service on that person; and
- (d) within the period specified in the requirement.
96. Meaning of “opportunity of being heard”
(1) Where under this Ordinance a thing is to be or may be done after giving a person an opportunity of being heard, that person shall be deemed to have been given such an opportunity if he—
- (a) attends before the Registrar personally or by a solicitor or other agent, and is given such an opportunity;
- (b) intimates, personally or by a solicitor or other agent, that he does not wish to be heard; or
- (c) has been served with a notice in writing specifying the nature of the thing to be done and appointing a day and time not less than 12 working days after service of the notice at which he will, if he attends before the Registrar, be heard.
(2) Where a person or a solicitor or other agent on his behalf attends before the Registrar concerning a matter on which he is entitled to an opportunity of being heard, or fails to attend pursuant to a notice referred to in subsection (1)(c), the Registrar may, if he thinks fit, adjourn the hearing from time to time, and, notwithstanding failure to attend, may, if he thinks fit, hear such person at any time.
(3) Where under this Ordinance all persons interested or affected are to be given an opportunity of being heard, it shall be sufficient if all persons who, according to any current entry in the Title Register, appear to be so interested or affected, are given such an opportunity.
(4) In this section, “working day” (工作日) means any day other than a public holiday or a black rainstorm warning day or gale warning day within the meaning of section 71 of the Interpretation and General Clauses Ordinance (Cap. 1).
97. Application to Court by person other than Registrar
(1) A person interested in registered land, a registered charge or a registered long term lease may apply by originating summons to the Court in respect of any question relating to—
- (a) the title to the land, charge or lease; or
- (b) an interest in the land, charge or lease where the interest is—
- (i) registered or registrable; or
- (ii) expressed by this Ordinance not to require registration,
and the Court may make such order on the originating summons and as to costs as to the Court appears just.
