The Land Registration Ordinance dates back to 1844. It is the oldest Government ordinance still operating in Hong Kong and provides for a system of registration of deeds that affect interests in land.

The deed registers give a history of transactions and interests in property but they do not directly guarantee who holds title. Legal advice has to be sought on this.

The Land Registry is pursuing a two-part programme to improve the legal framework. First is amending the existing Land Registration Ordinance in order to improve the efficiency with which the deeds registration system operates. Second is to introduce a new ordinance to allow the introduction of title registration. Under a title registration system, the register provides conclusive evidence of ownership, giving greater certainty to all parties. The title register is also backed by an indemnity scheme to give greater protection against fraud or error.

Land Registration (Amendment) Ordinance

The Ordinance was enacted on 3 July 2002. Provisions on registration of certain classes of certified copy instruments, temporary withdrawal of instruments from registration, search of copies of withheld instruments, colour imaging of plans, deletion of names of parties from Memorial Day Books, verification of memorials and correction of memorials were brought into effect on 12 December 2002. The main provisions relating to the establishment of a central registration service, standardisation of forms and insertion of known Chinese names and addresses in the memorials, new requirements on plans, new internal registration procedures within the Land Registry, new notice procedures for collection of instruments, changes in the search of the Land Registry records and fees will be brought into effect in early 2004.

Land Titles Bill

The revised Land Titles Bill was gazetted on 6 December 2002 and received its first reading on 18 December. A Bills Committee commenced deliberations in March 2003. The deliberations are continuing.