LAND REGISTRATION ORDINANCE

LAND REGISTRATION ORDINANCE

CHAPTER 128

LAND REGISTRATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
1. Short title ... ...... ... ... ... ... ... ... 2

1A. Interpretation... ... ... ... ... ... ... ... ... ... ... ... ... 2

REGISTRATION OF INSTRUMENTS
AFFECTING LAND

2. Establishment of Land Office for registration of instruments affecting land ... ... 2
2A. Floating charge ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
3. Priority of registered instruments; effect of non-registration ... ... ... ... ... 3
4. Notice of unregistered instrument not to affect registered instrument ... ... ... 4
5. Period within which instruments to be registered after execution ... ... ... ... 4
5A. Priority of registered charging orders and lites pendentes ... ... ... ... ... ... 4
6-13. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4

REGISTRATION OF LIS
PENDENS

14. Application to lis pendens ... ... ... ... .. ... ... ... 4
-15.Particulars to be contained in memorial ... ... ... ... ... ... ... ... ... 4
16. Case of lis pendens not registered ... ... ... ... ... ... ... ... ... ... 5
17. Extension of Acts regarding re-registration ... ... ... ... ... ... ... ... 5
18. Effect of registry and re-registry and extension of 1855 c. 15, s. 11 ... ... ... 5

VACATION OF REGISTRATION OF LIS
PENDENS

19. Power to the court to order vacation of lis pendens ... ... ... ... ... ... ... 5
20. Mode of making application to the court ... ... ... ... ... ... ... ... ... 5
21. Entry of discharge by Land Officer ... ... ... ... ... ... ... ... ... ... 6

MISCELLANEOU
S

22. Deposit of deeds, etc., in Land Office for safe custody ... ... ... ... ... ... 6

23. Obligation of Land Officer to register ... ... ... ... ... ... ... ... ... 6
23A. Liability of Land Officer and others ... .. ... ... ... ... ... ... ... ... 7
24. Dishonest destruction etc., of memorials and other documents ... ... ... ... 7
25. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... 7
26. Duties and powers of assistant land officer ... ... ...
... ... ... ... ... 7
26A. Copies of documents etc. admissible in evidence ... ... ... ... ... 7
27. Fees ... ... ... ... ... ... ... ... ... ... ... ... 8
28. Regulations ... ... ... ... ... ... ... ... ... ...
... ... ... ... ... 8
29. Effect of memorials recorded on microfilm ... ... ...
... ... ... ... ... 9
30. Saving in respect of New Territories Land Offices. etc . ... ... ... ... ... ... 10
First Schedule ... ... ... ... ... ... ... ... ... ... ... 10
Second Schedule ... ... ... ... ... ... ... .. ... ... ... ... ... ... ... ... 12





CHAPTER 128

LAND REGISTRATION

To provide for the registration of deeds, conveyances, wills, judgments and
other instruments affecting real or immovable property, the keeping of
Land Office records, and for other matters relating to land registration.

(Replaced, 56 of 1980, s. 2)

[28 February 1844.1

WHEREAS it is expedient to prevent secret and fraudulent conveyances, and to
provide means whereby the title to real and immovable property may be
easily traced and ascertained:

(Amended, 5 of 1911, s. 4)

1. This Ordinance may be cited as the Land Registration Ordinance.

(Amended, 5 of 1924, s. 6)

1A. In this Ordinance, unless the context otherwise requires-

'document' includes, in addition to a document in writing

(a) any map, plan or drawing;

(b)any disc, tape or other device in which data other than visual images
are embodied so as to be capable, with or without the aid of some
other equipment, of being reproduced therefrom; and

(c)any film, tape or other device in which visual images are embodied so
as to be capable, with or without the aid of some other equipment, of
being reproduced therefrom;

'record' includes not only a written record but any record conveying
information or instructions by any other means whatsoever. (Added, 49 of
1986, s. 2)

REGISTRATION OF INSTRUMENTS AFFECTING
LAND

2. (1) The Land Office shall be a public office for the registration of deeds,
conveyances, and other instruments in writing. and wills and judgments; and all
deeds, conveyances, and other instruments in writing, and wills and all
judgments, by which deeds,





conveyances, and other instruments in writing, and wills and judgments,
any parcels of ground, tenements, or premises in Hong Kong may be
affected, may be entered and registered in the said office in the
prescribed manner. (Amended, 50 of 1911, s. 4 and Schedule; 10 of
1953, s. 2 and 56 of 1980, s. 3 and s. 72)

(2) For the purpose of this Ordinance, 'Judgments' includes
judgments and orders of the High Court, the District Court and the
Lands Tribunal. (Added, 10 of 1953, s. 2. Amended, 29 of 1983, s. 48)

2A. (1) A document effecting a charge over all or part of the
property which may, from time to time, be owned by the chargor
(commonly called 'a floating charge'), whether or not it specifically
identifies any land charged, is not, for the purposes of section 2, a deed,
conveyance or other instrument in writing by which any parcel of
ground, tenement or premises in Hong Kong may be affected.

(2) A document effecting a floating charge created before or after 1
November 1984

(a)becomes a fixed charge on the land intended to be affected,
and

(b)for the purposes of section 2, is a deed, conveyance or other
instrument in writing by which any parcel of ground, tenement
or premises in Hong Kong may be affected,

upon crystallization of that charge after 1 November 1984 as evidenced
by a certificate signed by or on behalf of the chargee.

(3) For the purposes of section 5, the time of execution of a charge
mentioned in subsection (2) is the time of signature of the certificate
mentioned in that subsection.

(Added, 62 qf 1984, s. 57)

3. (1) Subject to this Ordinance, all such deeds. conveyances, and
other instruments in writing, and wills and judgments, made, executed,
or obtained, and registered in pursuance hereof, shall have priority one
over the other according to the priority of their respective dates of
registration, which dates shall be determined in accordance with
regulations made under this Ordinance. (Amended, 50 of 1911,
Schedule; 34 of 19 78, s. 2 and 56 of 1980, s. 4)

(2) All such deeds, conveyances, and other instruments in writing,
and wills and judgments, as last aforesaid, which are not registered
shall, as against any subsequent bona fide purchaser or mortgagee for
valuable consideration of the same parcels of ground, tenements, or
premises, be absolutely null and void to all intents and purposes:

Provided that nothing herein contained shall extend to bona fide
leases at rack rent for any term not exceeding 3 years. (Amended, 50 of
1911, Schedule)





4. No notice whatsoever, either actual or constructive, of any prior
unregistered deed, conveyance, or other instrument in writing, or will or
judgment, shall affect the priority of any such instrument as aforesaid as I's duly
registered.

(Amended, 50 qf191 1, Schedule)

5. All deeds, conveyances, and other instruments in writing, and wills and
judgments, which are duly registered within the respective times next
mentioned, that is to say, all deeds, conveyances, and other instruments in
writing (except wills) which are registered within one month after the time of
execution thereof respectively, and all wills which are registered within one
month after the decease of every devisor respectively, and all judgments which
are registered within one month after the entering up or recording thereof, shall
severally be in like manner entitled to priority, and shall take effect respectively
by relation to the date thereof only in the same manner as if this Ordinance had
not been passed.

(Amended, 50 of 1911 1, Schedule, and 34 of 1978, s. 3)

5A. Notwithstanding section 3 or section 5 a charging order or lis pendens
which is duly registered shall have priority from the commencement of the day
following the date of its registration.

(Added, 34 of 1978, s. 4)

6-13. [Repealed, 56 of 1980, s. 51

REGISTRATION OF LIS
KN13ENS

14. The provisions of this Ordinance relating to judgments (subject to the
provisions hereinafter contained) shall extend to lites pendentes within the intent
and meaning of the Judgments Act 1839, and the Act of 13 and 14 Victoria,
chapter 35: (10 of 1856, s. 1, incorporated. Amended, 50 of 1911, Schedule, and
20 of 1948, s.4)

Provided that any cause or matter in the District Court which in the High
Court would be a lis pendens within the meaning of the said Acts shall be
deemed to be a lis pendens for the purpose of this Ordinance. (Added, 10 of
1953, s. 3)

15. The memorial of any such lis pendens shall be sufficient if it is signed
by the plaintiff or person claiming to be plaintiff to the said lis pendens, and
contains the names and additions of the said person and of the defendant or
person whose estate is intended to be affected thereby, and the day when the
bill, information, or special case was filed, and the sum of money thereby
claimed or in controversy; but the said memorial shall be verified in all other
respects as is provided in the case of judgments.

(10 of 1856, s. 2, incorporated. Amended, 50 qf 1911,
Schedule; 27 of'1937, Schedule, and 20 of 1948, s. 4)





16. Notwithstanding the said Acts of Parliament, no lis pendens
shall be registered in the Registry of the Supreme Court, or elsewhere
than in the Land Office; and a lis pendens not registered in the said
office shall not bind any purchaser or mortgagee of the estate intended
to be thereby affected.

(10 of 1856, s. 3, incorporated. Amended, 50 of 1911,
Schedule)

17. So much of the said Acts of Parliament and of the Judgments
Act 1840, and the Judgments Act 1855, as requires the re-registering of
judgments and lites pendentes after every successive period of 5 years,
beginning from the entry thereof respectively, shall extend to all
judgments, lites pendentes and orders, registered in the Land Office,
and by which it is intended to affect any estate.

(10 of 1856, s. 4, incorporated. Amended, 50 of 1911,
Schedule, and 20 of 1948, s. 4)

18. Subject to the provisions of section 11 of the Judgments Act
1855, for the relief of purchasers and mortgagees for valuable
consideration against the judgments, Crown debts, and liabilities of paid-
off mortgagees (which provisions are hereby extended to Hong Kong),
every lis pendens registered or re-registered, and also every judgment or
order re-registered in manner aforesaid, shall have the same force and
effect as a judgment registered and not further or otherwise.

(10 of 1856, s. 5, incorporated. Amended, 50 of 1911,
Schedule; 20 of 1948, s. 4 and 56 of 1980, s. 12)

VACATION OF REGISTRATION OF LIS PENDENS

19. The court or judge before whom any property sought to be
bound is in litigation, may on the determination of the lis pendens, or
during the pendency thereof, where the said court or judge is satisfied
that the litigation is not prosecuted bona fide, or for other good cause
shown, make an order for the vacating of the registration in the Land
Office of such lis pendens without the consent of the party who
registered it, and may direct the party on whose behalf the registration
was made to pay all the costs and expenses occasioned by the
registration or the vacating thereof, including the costs of the
application to vacate, or may make such other order as to such costs or
any of them as to the said court or judge may seem just.

(2 of 1896, s. 1, incorporated. Amended, 50 of 1911,
Schedule)

20. The application to vacate a lis pendens under section 19 may be
in a summary way by petition or motion in court or by summons in
chambers, and may be made by any person interested in the property
against which the lis pendens has been registered, whether such person
is a party to the lis pendens or not.

(2 of 1896, s. 2, incorporated.Amended, 5 of 1924, s. 8)





21. If an order is made for vacating any such registration, the
Land Officer shall, on the filing with him of a memorial and an office
copy of such order, enter a discharge of such lis pendens on the
register, and may issue certificates of such entry.
(2 of 1896, s. 3, incorporated. Amended, 50 of 1911,
Schedule)

MISCELLANEOUS

22. It shall be lawful for any person to deposit in the Land
Office for safe custody any deed, conveyance, power of attorney, or
other instrument in writing whatsoever, or his last will and testa-
ment, of which deeds, conveyances, powers of attorney, or other
instruments, wills, and testaments the Land Officer shall (first giving
a receipt for the same) immediately make an entry in a book to be
kept for that purpose, to which book he shall keep an accurate
alphabetical index having reference as well to the name of the
testator or parties to each such deed or instrument as to the person
depositing the same; and the Land Officer shall carefully and
securely keep all such deeds, conveyances, powers of attorney, or
other instruments, wills, and testaments in his office until required
by the party depositing the same to deliver them back again:

Provided that every such will or testament shall be enclosed
within a cover or envelope, sealed with the seal of the testator, whose
name shall be endorsed by the Land Officer thereon, and every such
will or testament shall remain in the said office until the decease of
the testator, unless he previously requires the same to be delivered
back, and on the death of the testator the Land Officer shall (after
examining such will or testament) deliver the same to the executor
first named therein, or to such other person as may be duly
authorized to receive the same.
(Amended, 50 of 1911, s. 4 and Schedule, and 51 of 1911,
Schedule)

23. The Land Officer shall register, in the manner prescribed
by or under this Ordinance, any deed, conveyance or other instru-
ment in writing, or will or judgment, delivered into the Land Office
for registration if, but only if, he is satisfied that-

(a)the deed, conveyance or other instrument in writing, or will
or judgment, may be, or is under any other Ordinance
required to be, registered under this Ordinance;

(b)the provisions of this Ordinance and of any regulations
made thereunder, and of any other Ordinance relating to
the registration of an instrument under this Ordinance
have been complied with; and

(c) the prescribed fees have been paid.
(Replaced, 56 of 1980, s. 6)





23A. If the Land Officer or any other person employed in the
Land Office wilfully or negligently fails to comply with section 23, he
shall be liable for any loss or damage thereby caused, but he shall
not be liable in damages-

(a)for registering, in good faith, any deed, conveyance or
other instrument in writing, or will or judgment, notwith-
standing any error, omission or defect therein;

(b)for registering, in good faith, any deed, conveyance, or
other instrument in writing, or will or judgment, which
does not affect any parcels of ground, tenements or pre-
mises in Hong Kong; or

(e)for any damage to or loss or destruction of any memorial
or any deed, conveyance or other instrument in writing, or
will or judgment, registered or delivered for registration or
any document in his custody unless such damage, loss or
destruction was due to his act and such act-
(i) was not authorized by or under this Ordinance; and
(ii) was done negligently or with intent to cause such
damage, loss or destruction.
(Added, 56 of 1980, s. 6)

24. Any person who dishonestly, with a view to gain for
himself or another, or with intent to cause loss to another, destroys,
removes, alters, defaces or conceals-

(a)any memorial, or any deed, conveyance or other instru-
ment in writing, or will or judgment, belonging to, or filed
or deposited in, the Land Office, or any part thereof or
endorsement thereon or any microfilm or other record
thereof., or

(b)any register, book, index, receipt, docket or other docu-
ment belonging to, or filed or deposited in, the Land Office,
or any part thereof or any microfilm or other record
thereof,

commits an offence and is liable on conviction upon indictment to
imprisonment for 14 years.
(Replaced, 56 of 1980, s. 7)

25. [Repealed, 56 of 1980, s. 81

26. Any assistant land officer acting in the place or on behalf of
the Land Officer shall have the same duties and powers as are given
by this or any other Ordinance to the Land Officer.
(Added, 23 of 1938, s. 2)

26A. (1) A document purporting to be a copy, print or
extract-





(a) of or from-

(i) any memorial or any deed, conveyance or other
instrument in writing, or will or judgment, belonging to, or
filed or deposited in, the Land Office, or any part thereof or
endorsement thereon or any microfilm or other record thereof,
or

(ii) any register, book, index, receipt, docket or other
document belonging to, or filed or deposited in, the Land
Office, or any part thereof or any microfilm or other record
thereof, and

(b)signed and certified as a true copy, print or extract by the Land
Officer or any person authorized by him in that behalf,

shall, subject to the Stamp Duty Ordinance, be admissible in evidence in
criminal or civil proceedings before any court on its production without
further proof and, until the contrary is proved, the court shall presume
that

(A)the signature and certification to the document is that of the
Land Officer or a person authorized by him in that behalf, and

(B) the document is a true and correct copy, print or extract.

(2) Nothing in this section shall prejudice the admissibility of any
evidence which would be admissible apart from the provisions of this
section.

(Added, 56 of 1980, s. 9)

27. (1) The Governor in Council may by regulation prescribe the
fees to be taken in the Land Office. (Amended, 20 of 1948, s. 4; 9 of
1950, Schedule, and 37 of 1950, Schedule)

(2) Subject to the provisions of subsection (3), the true
consideration shall be stated in all documents registered in the Land
Office. (Replaced, 28 of 1931, s. 2)

(3) Where the amount or value of the consideration money is not
stated in any deed, assignment, mortgage or other instrument tendered
for registration in the Land Office, or where no consideration money or
merely nominal consideration money passes thereunder, the value of the
property, to which such deed, assignment, mortgage or other instrument
relates, shall be determined by the Land Officer and the like fees shall be
paid as if the value so determined were the amount or value of the
consideration money. (Replaced, 28 of 1931, s. 2. Amended, 20 of
1948, s. 4)

28. (1) The Governor in Council may make regulations for all or any
of the following matters

(a)the manner in which entry and registration of memorials, deeds,
conveyances, and other instruments in writing, and wills and
judgments, and other documents in the Land





Office shall be effected, and the withdrawal of any me-
modal, deed, conveyance, or other instrument in writing,
or will or judgment, or other document from registration;

(b)determining the date of registration of registered instru-
ments and the proof thereof,

(e)particulars and documents to be furnished for the purposes
of registration;

(d)the method by which and the form in which memorials,
deeds, conveyances, and other instruments in writing,
and wills and judgments, and other documents are to
be recorded and the manner in which they are to be
maintained;

(e)the correction and amendment of any memorial or other
document;

(f)the keeping of indexes, registers and other records of the
Land Office;

(g)the use of microfilm or any other material or method for
the recording of memorials, deeds, conveyances, and other
instruments in writing, and wills and judgments, and other
documents, including records of the Land Office;

(h)the destruction or disposal of memorials and other docu-
ments, including records of the Land Office, recorded on
microfilm or on other material;

(i)fixing the hours during which the Land Office or any part
thereof shall be open to the public and empowering the
Land Officer to vary such hours;

(j)regulating admission to the Land Office or any part thereof
and the use of any equipment, facilities or material therein
by members of the public;

(k) regulating the conduct of persons in the Land Office;

(1)enabling any person to be refused entry to the Land Office
and the removal from the Land Office of any person;

(m)prescribing anything that is required or permitted to be
prescribed under this Ordinance.

(2) Regulations made under this section may provide that a
contravention of any specified provision of any such regulation shall
be an offence and may provide penalties therefor not exceeding a fine
of $10,000 and imprisonment for 2 years.
(Added, 56 of 1980, s. 10)

29. Where pursuant to regulations made under section 28 the
memorial of any deed, conveyance or other instrument in writing, or
will or judgment, is recorded on microfilm-

(a)the microfilm record of the memorial shall be treated for
all purposes as the original memorial; and





(b)the registration of any such deed, conveyance or other
instrument in writing, or will or judgment, registered prior
to the date* of commencement of the Land Registration
(Amendment) Ordinance 1980, shall not be affected.
(Added, 56 of 1980, s. 10)

30. (1) Notwithstanding anything contained in this Ordin-
ance, sections 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 25 and the Schedule in
force immediately before the date* of commencement of the Land
Registration (Amendment) Ordinance 1980 and which are set out
for convenience in the First Schedule shall continue to apply to the
registration of deeds, conveyances, wills, judgments and other
instruments affecting real or immovable property in-
(a) any office specified in the Second Schedule; and
(b)any place approved under section 11 of the New Terri-
tories Ordinance,
and a reference in any enactment to a section of this Ordinance
referred to in this subsection shall be construed accordingly.
(2) The Governor in Council may, by order published in the
Gazette, amend the Second Schedule.
(Added, 56 of 1980, s. 10)

FIRST SCHEDULE [s. 30.1

PROVISIONS OF THE ORDINANCE IN FORCE IMMEDIATELY BEFORE THE DATE OF
COMMENCEMENT OF THE LAND REGISTRATION (AMENDMENT) ORDINANCE 1980
WHICH SHALL CONTINUE TO APPLY IN THE CIRCUMSTANCES SET OUT IN SECTION 30

2. (1) The Land Office shall be a public office for the registration of deeds,
conveyances, and other instruments in writing. and wills and judgments; and all
deeds, conveyances, and other instruments in writing, and wills and all judgments, by
which deeds, conveyances, and other instruments in writing, and wills and judgments,
any parcels of ground, tenements, or premises in the Colony may be affected, may he
entered and registered in the said office in the manner hereinafter directed.
(2) For the purpose of this Ordinance, 'judgments' includes judgments and
orders both of the High Court and of the District Court.

3. (1) Subject to this Ordinance, all such deeds, conveyances, and other
instruments in writing, and wills and judgments, made, executed, or obtained, and
registered in pursuance hereof, shall have priority one over the other according to the
priority of their respective dates of registration.
(2) All such deeds, conveyances, and other instruments in writing, and wills and
judgments, as last aforesaid, which are not registered shall, as against any subsequent
bona fide purchaser or mortgagee for valuable consideration of the same parcels of
ground, tenements, or premises, be absolutely null and void to all intents and
purposes:
Provided that nothing herein contained shall extend to bona fide leases at rack
rent for any term not exceeding 3 years.

6. The registration intended by this Ordinance shall be made in manner
following, that is to say, a memorial containing the particulars hereinafter specified
shall be delivered into the Land Office, signed, in the case of a deed, conveyance, or
other instrument in writing, except a will, by some or one of the parties to the original
instrument, or, if such parties are dead or absent from the Colony, then by one or
more of the witnesses to such instrument, and in the case of a will by some or one of
the devisees or his guardian or trustees, and in the case of a judgment by a party to the
action in which such judgment is delivered or by his agent or by a person claiming
under or through such party.





7. Every such memorial shall contain a just and true account of the several
particulars therein set forth and shall be verified-
(a)by the oath of some competent person taken before any justice of the peace;
or
(b)by the certificate of a person admitted and enrolled as a solicitor in the
Colony; or
(c)where the memorial has been prepared in the Land Office, by the certificate
of the Land Officer.

8. (1) The memorial of any deed, conveyance, or other instrument in writing,
and of any will, shall contain the date of such deed, conveyance, or other instrument,
or of such will, and the particular nature and object thereof, the names and additions
of all the parties to such deed, conveyance, or other instrument, and of the devisor
and devisee or devisees of such will, and the names and additions of all the witnesses
thereto and shall especially particularize and express the parcels of ground, tenements
and premises affected or intended to be affected by such deed, conveyance, or other
instrument, or by such will, and the proper and ordinary or accustomed names of the
places where the same are situate, and (except in the case of a will) the pecuniary or
other consideration for the same, in the form or to the effect of the form in the
Schedule.
(2) The memorial of any judgment shall contain the names and additions of the
plaintiff and defendant, the sum thereby recovered or secured, if any, the time of
entering up or recording the same, and the sum of money bona fide due thereon, if
any.
(3) Provided always that when there are more writings than one for perfecting
the same conveyance, devise or security affecting the same parcels of ground,
tenements, and premises, all such writings shall be stated in one and the same
memorial, in which it shall be sufficient to particularize such parcels, tenements and
premises only once.

9. (1) On the delivery of any such memorial as aforesaid, the Land Officer
shall number the memorial according to the order of time in which it has been so
delivered, and shall give a receipt for it, in which receipt shall be specified the certain
day and time of day when the memorial was so delivered, and the proper number
thereof in the register of the Land Office.
(2) The Land Officer shall also in like manner immediately endorse on the back
of the memorial a certificate containing the day and the time of day when the
memorial was so delivered, and the name and place of abode of the person verifying
it, and shall sign the certificate when so endorsed.
(3) Such certificate shall be taken and allowed as evidence of the registration,
and of the time of registration, of the deed, conveyance, or other instrument, or of the
will or judgment, of which the memorial has been so made.

10. Every such memorial shall, as soon after the receipt thereof as practicable,
be carefully registered by the Land Officer, in regular succession as received,
according to its proper number, in a particular book to be kept by him for that
purpose, and shall afterwards be deposited by him in some secure place in his office,
and there kept for future reference when required-

11. The Land Officer shall also keep an index of the parcels of ground,
tenements, and premises mentioned in every such memorial and also a like index or
indices of the names of the several parties to deeds, conveyances, and other
instruments in writing, and of the devisors and devisees in the case of wills, and of the
plaintiffs and defendants in the case of judgments, with accurate references in all such
indices respectively to the number and page of registry of the memorial to which any
entry in such indices relates.

12. In the case of any mortgage or judgment registered, if at any time afterwards
such verified certificate as is hereinafter next mentioned is brought to the Land
Officer, signed by the mortgagor and mortgagee or plaintiff and defendant or their
agents as the case may be, and attested by 2 credible witnesses, whereby it appears
that the whole of the moneys due on such mortgage or judgment have been fully paid,
or that such mortgage or judgment is otherwise satisfied, then the Land Officer shall
make a short entry or memorandum thereof on the memorial and on the margin of
the registry of such mortgage or judgment, and shall afterwards carefully register the






certificate in one of the registry books of his office, and the Land Officer shall make an
entry thereof in his indices referring accurately to the page of registry of the certificate.





13. (1) Every such certificate shall contain the following particulars, that is to
say, in the case of a mortgage the names and additions of the original parties, the
date of the instrument, the sum thereby secured, and the time of payment or other
satisfaction thereof, and in the case of a judgment the names and additions of the
plaintiff and defendant, the time of entering up or recording the same, the sum
thereby recovered, if any, and the date of payment or other satisfaction of the
amount bona fide due thereon, if any.

(2) Every such certificate shall contain a just and true account of the several
particulars therein set forth and shall be verified

(a)by the oath of some competent person taken before any justice of the
peace, or

(b)by the certificate of a person admitted and enrolled as a solicitor in the
Colony.

(3) On the back of such verified certificate the Land Officer shall immediately
endorse the date when the same was received by him, and the name and place of
abode of the person verifying the same, and the certificate shall, after being so
endorsed and entered as aforesaid, be safely kept in his office for future reference
when required.

25. Any correction by erasure, interlineation, or otherwise in any memorial of
the registry of any document shall be noted and set forth at length in red ink in the
margin of the memorial wherein it is made, together with the reasons for making
the same, and shall be attested and verified by the signature of the Land Officer.

SCHEDULE [s. 8.1

PARTICULARS TO BE CONTAINED IN MEMORIAL

1. Date of instrument or will.

2. Nature and object thereof.

3. Names and additions of the parties or of the devisors or devisees.

4. Names and additions of the witnesses thereto.

5. Description of the land or premises conveyed in or affected by the
instrument or will.

6. Name and description of the place where situate.

7. Consideration and to whom and how paid.

8. Any other particulars which the case may require.

(Replaced, 56 of 1980, s. 11)

SECOND SCHEDULE [s. 30.1

OFFICES SPECIFIED FOR THE PURPOSES OF SECTION 30

1 The District Land Office, Yuen Long.

2. The District Land Office, Tsuen Wan.

3. The District Land Office, Sai Kung.

4. The District Land Office, Islands.

5. The District Land Office, Sha Tin.







6, The District Land Office, Tuen Mun.

7. The District Land Office, Tai Po.

8. The District Land Office, North.

(Added, 56 of 1980, s. 11)
Originally 3 of 1844. 10 of 1856. 2 of 1896. (Cap. 128, 1950.) 36 of 1902. 30 of 1911. 50 of 1911. 51 of 1911. 8 of 1912. 43 of 1912. 24 of 1915. 5 of 1924. 28 of 1931. 27 of 1937. 23 of 1938. 20 of 1948. 9 of 1950. 37 of 1950. 10 of 1953. 24 of 1965. 34 of 1978. 56 of 1980. 29 of 1983. 62 of 1984. 49 of 1986. Preamble. Short title. Interpretation. Establishment of Land Office for registration of instruments affecting land. Floating charge. Priority of registered instruments; effect of non-registration. Notice of unregistered instrument not to affect registered instrument. Period within which instruments to be registered after execution. Priority of registered charging orders and lites pendentes. Application to lis pendens. (1839 c. 11.) Particulars to be contained in memorial. Case of lis pendens not registered. Extension of Acts regarding re-registration. (1840 c. 82.) (1855 c. 15.) Effect of registry and re-registry and extension of 1855 c. 15, s. 11. Power to the court to order vacation of lis pendens. 1867 c. 47, s. 2. Mode of making application to the court. 1867 c. 47, s. 2. Entry of discharge by Land Officer. 1867 c. 47, s. 2. Deposit of deeds, etc., in Land Office for safe custody. Obligation of Land Officer to register. Liability of Land Officer and others. Dishonest destruction etc., of memorials and other documents. Duties and powers of assistant land officer. Copies of documents etc. admissible in evidence. (Cap. 117.) Fees. Regulations. Effect of memorials recorded on microfilm. (56 of 1980.) [*8.6.81.] Saving in respect of New Territories Land Offices, etc. (56 of 1980.) [*8.6.81.] First Schedule. Second Schedule. (Cap. 97.) Establishment of Land Office for registration of instruments affecting land. Priority of registered instruments; effect of non-registration. Delivery into Land Office of memorial of instrument to be registered. Verification of memorial. Particulars to be contained in memorial. Schedule. Numbering, receipt for, and endorsement of certificate on memorial. Registration and custody of memorial. Indices of land registered and of parties to instruments. Entry of satisfaction of mortgage or judgment and registration of certificate of satisfaction. Contents, verification, and custody of certificate of satisfaction of mortgage or judgment. Verification of correction in memorial of registry.

Originally 3 of 1844. 10 of 1856. 2 of 1896. (Cap. 128, 1950.) 36 of 1902. 30 of 1911. 50 of 1911. 51 of 1911. 8 of 1912. 43 of 1912. 24 of 1915. 5 of 1924. 28 of 1931. 27 of 1937. 23 of 1938. 20 of 1948. 9 of 1950. 37 of 1950. 10 of 1953. 24 of 1965. 34 of 1978. 56 of 1980. 29 of 1983. 62 of 1984. 49 of 1986. Preamble. Short title. Interpretation. Establishment of Land Office for registration of instruments affecting land. Floating charge. Priority of registered instruments; effect of non-registration. Notice of unregistered instrument not to affect registered instrument. Period within which instruments to be registered after execution. Priority of registered charging orders and lites pendentes. Application to lis pendens. (1839 c. 11.) Particulars to be contained in memorial. Case of lis pendens not registered. Extension of Acts regarding re-registration. (1840 c. 82.) (1855 c. 15.) Effect of registry and re-registry and extension of 1855 c. 15, s. 11. Power to the court to order vacation of lis pendens. 1867 c. 47, s. 2. Mode of making application to the court. 1867 c. 47, s. 2. Entry of discharge by Land Officer. 1867 c. 47, s. 2. Deposit of deeds, etc., in Land Office for safe custody. Obligation of Land Officer to register. Liability of Land Officer and others. Dishonest destruction etc., of memorials and other documents. Duties and powers of assistant land officer. Copies of documents etc. admissible in evidence. (Cap. 117.) Fees. Regulations. Effect of memorials recorded on microfilm. (56 of 1980.) [*8.6.81.] Saving in respect of New Territories Land Offices, etc. (56 of 1980.) [*8.6.81.] First Schedule. Second Schedule. (Cap. 97.) Establishment of Land Office for registration of instruments affecting land. Priority of registered instruments; effect of non-registration. Delivery into Land Office of memorial of instrument to be registered. Verification of memorial. Particulars to be contained in memorial. Schedule. Numbering, receipt for, and endorsement of certificate on memorial. Registration and custody of memorial. Indices of land registered and of parties to instruments. Entry of satisfaction of mortgage or judgment and registration of certificate of satisfaction. Contents, verification, and custody of certificate of satisfaction of mortgage or judgment. Verification of correction in memorial of registry.

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