In May 2007 a progress report on the post enactment review of the Land Titles Ordinance was made to the then Legislative Council Panel on Planning, Lands and Works. The Administration advised that an amendment bill would have to be enacted before the LTO can be put into effect. The amendment bill would not be introduced before the September 2008 elections.
During the year, the Legal Services Division was focused on preparing the amendment bill, the main features of which will be:
- Addressing issues raised in the report of the bills committee in 2004 and matters raised by other parties during the review process. Consultation on the amendments required here has taken place via a working draft circulated in September 2006 and ensuing exchanges between the Land Registry and interested parties;
- Removing provisions concerning updating of land boundaries from the LTO and replacing them with new provisions in the Land Survey Ordinance that will apply to all land whether now registered under the Land Registration Ordinance (LRO) or to be registered in future under the LTO. The Cadastral Survey Consultative Committee considered and accepted these proposals during the year and drafting instructions are being prepared by the Lands Department Survey and Mapping Office. It is expected that the changes to the Land Survey Ordinance can be taken together as a package with the Land Titles (Amendment Bill) (LTAB);
- Revising the provisions for conversion so as to ensure more efficient management of the risks posed by problematic cases. During the year it was concluded that the approach suggested in the May 2007 report - that a simple list of titles be excluded from conversion - was impractical. The Land Registry is consulting the stakeholders on the new proposals;
- Removing inconsistencies and ambiguities from the rectification and indemnity provisions so as to ensure clarity of effect and operation;
- Ensuring that there will be compatibility in practice between the LTO and the large number of existing ordinances that make use of the existing LRO. Investigation of all interrelationships was completed during the year and policy direction given that the LTO should take precedence over the existing legislation. A substantial number of consequential amendments to other ordinances as well as certain changes to the LTO are needed. Consultation with all departments that will be affected by these changes is underway; and
- Taking the opportunity provided by the LTAB to carry out a comprehensive revision of the language and organization of the LTO so as to make it clearer and more user-friendly. The proposed redrafting was incorporated in the working draft circulated in 2006 and was widely accepted.
The Law Society, Hong Kong Bar Association, Consumer Council, Estate Agents Authority, Hong Kong Association of Banks, Family Law Association, Real Estate Developers Association and the Heung Yee Kuk were invited to nominate representatives to the Title Registration Education Committee that was formed during the year. This has started to discuss plans for professional training and for public information programmes to support the introduction of title registration. As part of the public information programme, preparations began with RTHK to produce a television series on the history of land law and land use in Hong Kong, within which the existing registration system will be examined, the reasons for making change discussed and the effect of title registration outlined. It is expected that the series will be ready for broadcast in the 1st quarter of 2009. A publicity officer was hired to assist with the development of public information material and activities. |