In terms of our
business, 2003/04 was a year in two halves. The first half continued
the previous three years of decline in property market activity.
The second saw a marked turn-around that has led to an unexpectedly
strong financial performance for last year and opens up better
prospects for the coming year. In terms of our strategic change
plan, the year was one of hard work to address a variety of obstacles.
Steady progress was made that contributed to securing the passage
of the Land Titles Bill in July 2004 and gives us growing confidence
that the long awaited centralized registration service, supported
by the Integrated Registration Information System (IRIS), will
be delivered later in the year.
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Recovering Business |
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For 2002/03 the Trading
Fund's revenue was 20% lower than it had been in 1999/00, reflecting
a third full year of decline in property market activity. For
the first quarter of 2003/04, revenue was nearly 14% below our
budget and over 20% down on the equivalent quarter in 2002/03.
The second quarter was marginally better but revenue for the first
half year was still over 15% down on the same period in the previous
year. October saw a big jump in business due to increased transactions
in both the primary and the secondary residential markets. Residential
sector activity remained at a relatively high level for the remainder
of the year leading to greater demand for services to the private
sector over the year as a whole as compared with 2002/03. Only
the impact of weaker demand for services to Government Departments,
reflecting their tight budgetary situation, and very low return
on deposits, reflecting very low interest rates, left us at the
end of the year still slightly short of 2002/03's overall revenue.
Against the threat of reduced revenue we had
aimed to reduce expenditure significantly so as to keep down costs
to customers. This was achieved. Overall expenses came down by
5.2%, the major contribution to which came from reduced staff
costs.
The combined effect of recovery in our business
volumes and reduction in our core costs puts the trading fund
in a strong position for the coming year.
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Central Registration |
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In my last report I anticipated that the
reorganization of the department to deliver a unified registration
and information service for the whole territory would be implemented
in January 2004. This target was not achieved. The integrated
registration information system (IRIS) on which the reorganization
depends, was not ready to enter service then. Testing for the
system is still continuing. It is expected that this will now
be completed in the summer. Before IRIS can be put into service,
a commencement day for the main parts of the Land Registration
(Amendment) (2002) Bill has to be approved by the Legislative
Council. This cannot be sought until all testing is satisfactorily
completed. Given the legislative procedures that have to be satisfied,
the earliest commencement date for the central registration service
and IRIS will be in December 2004.
I regret this delay in introducing the major
service improvements for our customers that these will represent.
All of us in the Department, together with our contractors, are
working hard to ensure that our pledge to transform the quality
of our service will be met without any further delay.
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Title Registration |
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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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The Year Ahead |
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The major priority for this year is the
successful conclusion of the system testing for IRIS and setting
a firm date for implementing central registration. We will be
reviewing our fees in the run up to the launch of central registration,
taking account of the improved business position and the additional
investments and commitments arising from passage of the Land Titles
Ordinance. We will also be setting new standards for service delivery
under the central registration system and for internet services
after IRIS goes live. The preparation work for introduction of
title registration will be divided into several streams. The further
legal work is already beginning. Other aspects will only begin
to pick up after we have got central registration up and running
smoothly. Underlying all our work is our shared understanding
of the need to maintain trust, improve service and increase the
value that we give to the people of Hong Kong. That is reflected
in the theme for staff development training this year, 'Upholding
Integrity, Striving for Service Excellence' and I trust that it
will be apparent to all who work with us and all who come to us
for services during the year.
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K.A. Salkeld, J.P.
The Land Registrar & General Manager
The Land Registry Trading Fund, Hong Kong
11 August 2004
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