I reported last year that the Land Titles Bill had faced significant
challenges when re-introduced into the Legislative Council.
The mechanism to bring existing property under the new legislation
and the provisions on indemnity and rectification were the
areas most questioned in the Bills Committee. During the year
the Land Registry legal team, with invaluable assistance from
two experienced private sector solicitors engaged as consultants,
developed a new approach to conversion in discussions with
the Law Society working party on title registration. The new
scheme, dubbed 'daylight conversion' won widespread support
which opened the way for passage of the Bill.
The extent of the changes that were needed
to the Bill, not just to give effect to the new conversion
mechanism but also to address a wide variety of other issues
raised during the 39 meetings of the Bills Committee required
a massive redrafting exercise within only a few weeks. I would
like to pay tribute to the outstanding work of Mr. Jeffrey
Gunter and his team at the Law Drafting Division of the Department
of Justice on this task. I would also like to thank the Law
Society working party, under the Chairmanship of Mr. Peter
Aherne for their willingness to volunteer so much time and
to give such helpful comment and support to the development
of the legislation. Many thanks are also due to Ms. Monica
Lo, the Senior Solicitor in the Land Registry, who with her
small team dealt with a prodigious demand for advice, papers
and presentations over the last year. I am delighted that
all their efforts have been rewarded with success.
Passage of the legislation holds out the
promise of title registration being introduced into Hong Kong,
giving owners and purchasers increased security and improving
the efficiency of conveyancing. Before that promise can be
realized, a great deal of further work is required and I expect
that it will be at least two years before the legislation
can be brought into effect. There are a number of issues on
the legislation itself that we have undertaken to examine
further with various parties. Regulations need to be drafted.
Extensive guidance notes for professionals and public education
material need to be prepared and presented. Further development
of the IRIS will be needed. This work is already beginning
and will place substantial demands on the Land Registry's
management and manpower over the coming few years. We will
be increasing our management strength to deal with this.
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