LAND REGISTRATION REGULATIONS

LAND REGISTRATION REGULATIONS

LAND REGISTRATION REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation ............................... ... ... ... ... ... ... ... A 2

2. Interpretation........................ ... ... ... ... ... ... ... A 2
3. Application .......................... ... ... ... ... ... ... ... A 2

4. Opening of Land Office to the public ...... ... ... ... ... ... ... ... A 3
5. Delivery and form of memorial .......... ... ... ... ... ... A 3
6. Particulars to be contained in memorial ... ... ... ... ... ... ... ... A 3

7. Verification of memorial .................. ... ... ... ... ... ... ... A 4

8. Plans ..................................... ... ... ... ... ... ... ... A 4

9. Size and form of instruments .............. ... ... ... ... ... A 5

10......................Numbering of and receipt for memorial ... ... ... ... ... ... ... ... A 5
11......................Temporary index of land and premises ... ... ... ... ... ... ... ... A 5

12.............Memorial Day Book ................ ... ... ... ... ... A 6

13......................Scrutiny of instrument and memorial ... ... ... ... ... ... ... ... A 6

14.............................Procedure where memorial complies with regulations ... ... ... ... ... A 6
15.............................Procedure where instrument is withheld from registration ... ... ... ... A 7

16.............Date of registration .......... ... ... ... ... ... ... ... ... ... ... A 8

17...........................Notice of instruments available for collection ... ... ... ... ... ... A 8

18..................Microfilming of old memorials ... ... ... ... ... ... ... ... ... ... A 8

19........................Disposal of memorials when microfilmed ... ... ... ... ... ... ... A 8

20................Correction of memorials .... ... ... ... ... ... ... ... ... ... ... A 8

21...............................Supply of copies and inspection of Land Office records ... ... ... ... A 9
22. Conduct in the Land Office A10

23. Power to prohibit entry ... ... ... ... ... ... ... ... ... ... ... ... A 11
24. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... A 11

First Schedule. Form of Memorial ... 1 .. ... ... ... ... ... ... ... ... ... A 11

Second Schedule. Colour Markings on Plans ... ... ... ... ... ... ... ... ... ... A 12





LAND REGISTRATION REGULATIONS

(Cap. 128, section 28)

[8 June 198 L]

1. These regulations may be cited as the Land Registration

Regulations.

2. In these regulations, unless the context otherwise requires-

'M size' means a size measuring 210 mm by 297 mm;

'computer' has the meaning assigned by section 50 of the Evidence

Ordinance;

'computer printout means any document produced by a register

computer;

'foolscap size' means a size measuring approximately 216 mm by

330 mm;

'instrument' includes any deed, conveyance, will 11, judgment or other

instrument in writing;

'lot' includes a section and subsection of a lot;

'lot number' means

(a)in the case of a lot, the designation and number by which the
lot is described in the Crown lease under which it is held from
the Crown; or

(b)in the case of a section or subsection of a lot, the designation
and number by which the section or subsection is described
in the instrument by which it came into existence as such;

'memorial' means a memorial required to be delivered under

regulation 5(1);

'memorial number' means the number assigned to a memorial

under regulation 10;

'register card' means a register card referred to in regulation 14(1);

'register computer' means a computer forming part of a system of

recording the particulars referred to in regulation 14(1).

3. These regulations shall not apply to-

(a)any office specified in the Second Schedule to the Ordinance;
and

(b)any place approved under section 11 of the New Territories
Ordinance,

or to the registration of any instrument in any such office or place.











4. (1) Subject to paragraph (2), such part of the Land Office as may be set
aside for the purpose by the Land Officer shall be open to the public

(a)between 10 a.m. and 12 noon and between 2 p.m. and 3 p.m. on a
weekday and between 10 a.m. and 12 noon on a Saturday (not being a
public holiday in either case) for the purpose of delivering
instruments for registration; and

(b) between 9 a.m. and 12.30 p.m. and between 2 p.m. and 4

p.m. on a weekday and between 9 a.m. and 12.30 p.m. on
a Saturday (not being a public holiday in either case) for
other purposes.

(2) The Land Officer may in his discretion vary the hours of opening
under paragraph (1).

(3) Except as provided by and in accordance with this regulation no part
of the Land Office shall be open to the public.

(4) The Land Officer shall place and maintain a notice at or near the
entrance to the Land Office indicating the part or parts of the Land Office open
to the public and the hours during which such part or parts are open.

5. (1) Registration of an instrument under the Ordinance shall be effected
by delivering into the Land Office such instrument together with a memorial
thereof in the form prescribed in the First Schedule and by compliance with the
Ordinance and these regulations.

(2) A memorial shall, unless the Land Officer otherwise permits, be on
paper of A4 size or foolscap size.

6. (1) Subject to paragraph (2), a memorial shall contain the following
particulars

(a) the date of the instrument;

(b) the nature and object thereof,

(c)the names of the parties or other relevant persons and their respective
shares in, and capacities in relation to, the land and premises affected
or intended to be affected;

(d)a de scription of the land and premises affected or intended to be
affected, including the lot number and address;

(e) the consideration (if any);
the memorial number of-

(i) any mortgage or charge being reassigned or discharged;

(ii) any agreement being cancelled or the rights under which are
being assigned;

(iii) any lease, sublease or tenancy agreement being cancelled,
surrendered or assigned;





(iv) any agreement pursuant to which the assignment
the subject of the memorial has been effected; and
(v) any other instrument being discharged, cancelled or
otherwise satisfied by the instrument the subject of the
memorial; and

(g) the solicitors code.

(2) A memorial of an instrument being a judgment or order
shall contain the following particulars-
(a) the date of the instrument;
(b) the nature and action number thereof,

(e)the names of the parties and their respective shares in, and
capacities in relation to, the land and premises affected or
intended to be affected;
(d) the sum (if any) thereby recovered or secured;

(e)a description of the land and premises affected or intended
to be affected, including the lot number and address;

the memorial number of the judgment or charging order
being satisfied or discharged by the instrument the subject
of the memorial; and

(g) the solicitors code.

(3) Where there are more instruments than one for perfecting
a conveyance or security affecting the same land and premises, all
such instruments shall be stated in one and the same memorial, in
which it shall be sufficient to describe such land and premises only
once.
(4) In this regulation-

'address' includes the name of the street and the number of the
premises;

,,solicitors code' means the code assigned by the Land Officer to a
solicitor or firm of solicitors for the purpose of this regulation.

7. Every memorial shall be verified-

(a)by the oath of some competent person taken before a
justice of the peace;

(b) by the certificate of a solicitor,. or
(c)where the memorial has been prepared in the Land Office,
by the certificate of the Land Officer,

in such form, respectively, as the Land Officer may specify or
approve.

8. (1) Any plan mentioned in and attached to or endorsed
on an instrument delivered for registration shall be so coloured,
hatched or cross-hatched that such colouring, hatching or cross-
hatching may be identified, in the manner provided by this regula-
tion, on 16 mm black and white microfilm.





(2) A copy of any such plan shall be attached to the memorial of
the instrument to which it relates.

(3) Any colour, other than black and white, on any such plan and
copy thereof shall be identified by the marking specified in respect of
such colour in the Second Schedule.

(4) Unless the Land Officer otherwise permits, any such plan and
copy thereof shall be of A4 size or foolscap size.

(5) Every copy plan referred to in paragraph (2) shall be deposited
and kept by the Land Officer in a secure place in the Land Office for
future reference when required.

9. (1) An instrument delivered for registration shall-

(a)unless the Land Officer otherwise permits, be on paper of A4
size or foolscap size;

(b)contain, where practicable, the identity card number or
numbers of the person or persons signing the instrument; and

(e)be bound, to the satisfaction of the Land Officer, in such a
manner as to enable the instrument to be satisfactorily
recorded on microfilm in accordance with regulation 14(2).

(2) The type or other writing in an instrument delivered for
registration shall be of such quality as to enable the contents thereof to
be satisfactorily recorded on microfilm in accordance with regulation
14(2).

(3) In this regulation-

'identity card' means an identity card issued under the Registration of
Persons Ordinance; and

'identity card number means the reference number appearing on an
identity card.

10. Upon the delivery of an instrument and memorial under and in
accordance with regulation 5 the Land Officer shall

(a)number the memorial according to the order of time in which it
is delivered;

(b)give a receipt for the instrument and memorial specifying the
date of such delivery and the memorial number; and

(c)record on the instrument and memorial the date of such
delivery and the memorial number.

11. (1) The Land Officer shall maintain an index of the land and
premises mentioned in the memorial of every instrument delivered for
registration with accurate references to the date of delivery thereof and
the memorial number.

(2) Until such time as particulars of the instrument are entered on a
register computer or register card in accordance with regulation





14, the index referred to in paragraph (1) shall be kept by the Land
Officer in a secure place in the Land Office for future reference when
required.

12. (1) The following particulars of every memorial shall as
soon as practicable be entered by the Land Officer, in regular
succession according to the memorial number, in a book kept for the
purpose to be known as a Memorial Day Book, that is to say-

(a) the memorial number;

(b) the date of the instrument to which the memorial relates;

(c) the date of delivery;

(d) the nature of the instrument;

(e) the lot number of the land;

(f) the share or interest therein affected;

(g) the names of the parties or other relevant persons;

(h)the name and description of the place where the land and
premises are situate;

(i) the consideration (if any);

(j) the stamp duty (if any); and

(k)any other matters that may seem to the Land Officer to be
relevant.

(2) Until such time as all instruments recorded therein are
registered under regulation 14, the Memorial Day Book shall be
kept by the Land Officer in a secure place in the Land Office for
future reference when required.

13. The Land Officer shall scrutinize every instrument de-
livered for registration and the memorial thereof, and shall ensure
that the particulars required by regulation 6 are accurately con-
tained in the memorial.

14. (1) Subject to regulation 15, the Land Officer shall in
respect of every memorial, as soon as practicable enter the following
particulars on a register computer or on a register card kept by him
for the land and premises affected by the instrument to which the
memorial relates, that is to say-

(a) the memorial number;

(b) the date of the instrument to which the memorial relates;

(c) the date of registration;

(d) the consideration (if any);

(e)the name or names of the party or parties in whose favour
the instrument is made;





(f)in the case of an instrument particulars of which are
entered as an encumbrance, the nature of the instrument;
and
(g)any other matters that may seem to the Land Officer to be
relevant.

(2) When the requirements of paragraph (1) have been com-
plied with the Land Officer shall sign a certificate of registration
on the instrument, whereupon registration shall be deemed to be
completed, and the instrument together with the memorial thereof
shall then be recorded by him on 16 mm black and white microfilm.
(3) When the requirements of paragraph (2) have been com-
plied with, the Land Officer shall give notice in the manner provided
by regulation 17 that registration of the instrument to which the
memorial relates has been completed and that such instrument is
available for collection by the person by whom it was delivered.
(4) A microfilm record referred to in paragraph (2) shall be
placed in a micro-jacket and shall be kept by the Land Officer in a
secure place in the Land Office for future reference when required.

(5) Any person who collects a registered instrument shall sign
for the instrument in a book to be kept in the Land Office by the
Land Officer for the purpose.

15. (1) Where, in respect of any memorial, plan or instrument
delivered for registration, the Land Officer is not satisfied as to any
of the matters specified in section 23 of the Ordinance, he shall
withhold the instrument from registration.

(2) Where under paragraph (1) an instrument is withheld from
registration, the Land Officer shall-
(a)enter on a docket in duplicate, the reasons why such
instrument has been withheld, and such entry shall be
signed by him; and
(b)give notice in the manner provided by regulation 17 that
the instrument has been withheld from registration and is
available for collection.

(3) Any person who collects an instrument withheld from
registration shall-
(a)at the same time collect the memorial and plans (if any)
relating thereto;
(b)acknowledge receipt of such instrument, memorial and
plans (if any) by signing and dating, as of the date of
collection, one copy of the docket referred to in para-
graph (2)(a); and
(c) collect and retain one copy of the docket.
(4) If an instrument collected under paragraph (3) is re-
delivered for registration, such instrument, together with the memo-
rial and plans (if any) relating thereto shall be scrutinized by the
Land Officer, and the Land Officer shall-





(a)if he is then satisfied in respect of such instrument, memorial and
plans (if any) as to the matters specified in section 23 of the
Ordinance, proceed to register the instrument in accordance with
regulation 14; or

(b)if he is not so satisfied, again withhold the instrument from
registration.

(5) Paragraphs (2), (3) and (4) shall apply in respect of any instrument
withheld under paragraph (4)(b).

16. Registration of an instrument when completed shall take effect from
the date recorded on the memorial thereof under regulation 10(c), and such
record together with the certificate of registration referred to in regulation 14(2)
shall be evidence of the registration of such instrument, and of the date of
registration.

17. Notice under regulation 14(3) or regulation 15(2)(b) that an
instrument is available for collection shall be given by placing the name of the
person who delivered the instrument on a notice board maintained for the
purpose in a conspicuous place in the Land Office; but the Land Officer may, in
a particular case, give notice in such further or other manner as may appear to
him to be practicable.

18. (1) The Land Officer shall, as soon as practicable after the
commencement of these regulations, record on 16 mm black and white microfilm
the memorial of every instrument registered prior to the commencement of these
regulations.

(2) The microfilm record of every memorial referred to in paragraph (1)
shall be deposited and kept by the Land Officer in a secure place in the Land
Office for future reference when required.

19. The Land Officer may, where any memorial has been recorded on
microfilm in accordance with regulation 14(2) or 18(1), destroy or otherwise
dispose of such memorial or part thereof in such manner as he thinks fit.

20. (1) Any correction by erasure, interlineation or otherwise in any
memorial of an instrument registered under the Ordinance shall

(a)in the case of any such memorial recorded on microfilm, be noted and
set forth at length on a copy thereof in the form generally known as a
reader-printer hard copy, together with the reasons for making the
same;

(b)in the case of any other such memorial, be noted and set forth at
length in red ink on the margin thereof, together with the reasons for
making the same,

and shall be attested and verified by the signature of the Land Officer.





(2) The Land Officer shall-

(a)record on 16 mm black and white microfilm the duly corrected
copy of any memorial referred to in paragraph (1)(a); and

(b)remove the microfilm record of the memorial from the micro-
jacket in which it is contained, substituting therefor the
microfilm record of the corrected copy,

and may thereafter destroy or otherwise dispose of the microfilm record
so removed in such manner as he thinks fit.

21. (1) The Land Officer shall, upon request by any person and
upon payment of the fees prescribed under the Land Registration Fees
Regulations, make available to such person as soon as practicable and
during the hours specified for the purpose by or under regulation 4,
records of the Land Office as follows

(a)in the case of a memorial or instrument recorded on microfilm,
by supplying a copy thereof either

(i) in the form generally known as a diazo copy of the micro-
jacket containing the microfilm record of such memorial or
instrument; or

(ii) in the form generally known as a reader-printer hard
copy;

(b)in the case of the memorial of an instrument registered prior to
the commencement of these regulations, until such memorial is
recorded on microfilm, by producing the same for inspection in
the Land Office;

(c)in the case of the index of land and premises kept under
regulation 11, by making it available for inspection in the Land
Office;

(d)in the case of an entry in a Memorial Day Book kept under
regulation 12, by producing the Book for inspection in the Land
Office;

(e) in the case of a register card kept under regulation 14, by-

(i) supplying a photocopy thereof, or

(ii) producing the card for inspection in the Land Office;

(ea) in the case of records on a register computer, by supplying a
computer printout therefrom containing

(i) historical and current information; or

(ii) current information only;
in the case of a copy plan attached to a memorial, by-

(i) supplying a photocopy thereof,

(ii) supplying a copy thereof in the form generally known
as a diazo copy;





(iii) supplying a copy thereof in the form generally
known as a reader-printer hard copy; or
(iv) producing the copy plan for inspection in the Land
Office;

(g)in the case of a plan deposited in the Land Office under the
provisions of any Ordinance, by producing such plan for
inspection in the Land Office;

(h)in the case of a plan referred to but not contained in a
Crown lease and deposited in the Land Office under the
provisions of such. lease, by-
(i) supplying a photocopy of the plan; or
(ii) producing the plan for inspection in the Land
Office; and

(i)in the case of a Crown lease by supplying a copy thereof
either-
(i) in the form generally known as a diazo copy; or
(ii) in the form generally known as a reader-printer
hard copy.

(2) The Land Officer shall not be obliged to make available
any book, register, index or other record referred to in paragraph (1)
other than in the way prescribed by that paragraph or, where more
than one way is so prescribed, in any one such way as he may, in his
discretion, decide.

(3) The Land Officer shall not be obliged to make available
any book, register, index or other record of the Land Office other
than a record referred to in paragraph (1).

22. (1) Except with the permission of the Land Officer, no
person shall enter or remain in any part of the Land Office not open
to the public.

(2) No person shall-

(a) smoke in any part of the Land Office open to the public; or

(b)write upon, mark in any way, or alter or interfere with the
sequence of, any Land Office record.

(3) The Land Officer, or any member of the Land Office staff
authorized by him in that behalf, may require any person to leave
the Land Office or any part thereof---

(a)who he has reason to believe has contravened or is about to
contravene regulation 22(1) or (2);

(b) who is behaving in a noisy or disorderly manner;

(e)who appears to him to be under the influence of drink or
drugs; or

(d)who refuses or fails to comply with any reasonable re-
quirement of the Land Officer in furtherance of the proper
management of the Land Office.





(4) Any person who refuses or fails to leave the Land Office or any
part thereof when required to do so under paragraph (3) may be forcibly
removed from the Land Office.

23. (1) The Land Officer may prohibit any person who has
contravened regulation 22(1) or (2) or who has been required to leave
the Land Office under regulation 22(3) from entering the Land Office.

(2) Except with the permission of the Land Officer, no person who
has been prohibited from entering the Land Office under paragraph (1)
shall enter the Land Office.

24. (1) Any person who contravenes regulation 22(1) commits an
offence and is liable to a fine of $5,000 and to imprisonment for 3
months.

(2) Any person who-

(a)contravenes regulation 22(2)(a) or (b), or regulation 23(2); or

(b)refuses or fails to leave the Land Office or any part thereof
when required to do so under regulation 22(3),

commits an offence and is liable to a fine of $2,000 and to imprisonment
for 1 month.

FIRST SCHEDULE [reg. 5(1).]

FORM OF MEMORIAL

Serial

Stamp Duty 5 NO.

Memorial No . ...............................

1S

MEMORIAL of an instrument to be registered in the Land Office under the Land
Registration Ordinance.

Nature and object of the Solicitors
instrument to which the Code
memorial relates
Date of instrument FORLAND
OFFICE USE
ONLY
Consideration Nature of
Instrument Code
Memorial number of
transaction satisfied
[Regs. 6(1)(f) and
6(2)(f)]





Names of parties, their Consideration
respective shares in, and Code
capacities in relation to,
the premises
Capacity Code

Premises affected by the
instrument including lot
number and address (with
premises number and
street name)

Received at the Land Office
and registered as Memorial
No. on
for Land Officer.

SECOND SCHEDULE [reg. 8(3).]

COLOUR MARKINGS ON PLANS

COLOUR MARKING*
Brown B
Green G
Indigo 1
Orange 0
Pink p
Red R
Violet v
Yellow Y
Grey GY

*The prefix 'L' shall be used before any marking to indicate a light shade of
the colour to which the marking refers.
L.N. 138/81. L.N. 211/86. Citation. Interpretation. L.N. 211/86. (Cap. 8.) L.N. 211/86. L.N. 211/86. L.N. 211/86. Application. (Cap. 97.) Opening of Land Office to the public. Delivery and form of memorial. First Schedule. L.N. 211/86. Particulars to be contained in memorial. L.N. 211/86. L.N. 211/86. L.N. 211/86. L.N. 211/86. L.N. 211/86. L.N. 211/86. Verification of memorial. Plans. Second Schedule. Size and form of instruments. (Cap. 177.) Numbering of and receipt for memorial. Temporary index of land and premises. L.N. 211/86. Memorial Day Book. Scrutiny of instrument and memorial. Procedure where memorial complies with regulations. L.N. 211/86. Procedure where instrument is withheld from registration. Date of registration. Notice of instruments available for collection. Microfilming of old memorials. Disposal of memorials when microfilmed. Correction of memorials. Supply of copies and inspection of Land Office records. (Cap. 128, sub. leg.) L.N. 211/86. Conduct in the Land Office. Power to prohibit entry. Offences and penalties. L.N. 211/86.

L.N. 138/81. L.N. 211/86. Citation. Interpretation. L.N. 211/86. (Cap. 8.) L.N. 211/86. L.N. 211/86. L.N. 211/86. Application. (Cap. 97.) Opening of Land Office to the public. Delivery and form of memorial. First Schedule. L.N. 211/86. Particulars to be contained in memorial. L.N. 211/86. L.N. 211/86. L.N. 211/86. L.N. 211/86. L.N. 211/86. L.N. 211/86. Verification of memorial. Plans. Second Schedule. Size and form of instruments. (Cap. 177.) Numbering of and receipt for memorial. Temporary index of land and premises. L.N. 211/86. Memorial Day Book. Scrutiny of instrument and memorial. Procedure where memorial complies with regulations. L.N. 211/86. Procedure where instrument is withheld from registration. Date of registration. Notice of instruments available for collection. Microfilming of old memorials. Disposal of memorials when microfilmed. Correction of memorials. Supply of copies and inspection of Land Office records. (Cap. 128, sub. leg.) L.N. 211/86. Conduct in the Land Office. Power to prohibit entry. Offences and penalties. L.N. 211/86.

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