Memorial Form Easy Guide

Short Description:

A correct up-to-date description of the unit/premises affected. For registration purpose, it should conform with the computerised land register of the Land Registry.

Quick Tips:

The address must contain the premises no. and street name. Please refer to Land Office Circular Memorandum No. 89 and Land Registry Circular Memorandum No. 6/95.
It can normally be found in the property schedule page of the instrument.
The correct current address of the premises affected can be obtained by conducting a land search at the Land Registry.
Remember to counter-check that the address tallies with that shown in the instrument and the computerised land register.
If the premises number and street name are not shown in the land register, the memorial needs not contain such information. It is optional to insert 'official address not yet known' in the memorial.
If Chinese address is not shown in the land register and is not known by the time of presenting the memorial for registration, the memorial needs not contain information on the Chinese address. It is optional to insert 'Chinese address not known' in the memorial.
Please refer to the guideline "Chinese property addresses to be specified in Memorials" and LRCM No. 6/07 [Paragraph 2(b)] for completing the Chinese address.

FAQ:

Q1: How can I ensure that the address of the unit/premises affected stated in the memorial is acceptable for registration?

A: Memorial lodged for registration should contain the correct up-to-date address of the premises affected as that shown in the computerised land register. You are advised to obtain the correct address by conducting search of the relevant computerised land register before you prepare the memorial.

Q2: For instrument containing only the old premises number and street name, should I enter the old address contained in the instrument or the updated address shown in computerised land register?

A: You should complete this box by stating '(the old premises number and street name) now known as (the current premises number and street name)'.

Q3: For instrument containing both the old and updated address, is it sufficient to state the updated address in this box?

A: Yes. We accept the completion of this box with either the updated address or '(the old premises number and street name) now known as (the current premises number and street name).'

Q4: For instrument containing only the provisional address of the development, should I state it in the Address box?

A: Yes. Please state "Official Address Not Yet Known" after the provisional address.

Q5: If there are various forms of description of Premises Nos. such as “3/35” and “3-35”, which form should be used?

A: Both forms of description are acceptable and interchangeable.

Q6: If the premises affected written in the provisional Agreement for Sale and Purchase are “Units 1 - 5” instead of “Units 1, 2, 3, 4 and 5”, will it be acceptable for registration?

A: In such case, the Land Registry will adopt a flexible approach as far as possible and check whether there are only Units 1, 2, 3, 4, and 5 in our records. However, in case there are premises such as Units 1A, 1B, 2B, etc. in our records, the description “Units 1 - 5” cannot clearly identify the premises affected and the instrument will be withheld for clarification.

Q7: How to deal with the discrepancies in premises description between the registered instruments and land registers such as the Flat and Unit?

A: The two premises descriptions "Flat" and "Unit" have already been accepted as interchangeable description for registration purpose. However, those descriptions with functional purpose such as Factory Unit, Storeroom, Shop, Workshop, etc. are not interchangeable and should be stated according to land registers.

Q8: If the property description written in the Chinese instrument is "A 座", but the premises description in land register is "Flat A", will the instrument be acceptable for registration despite such discrepancy between the Chinese and the English descriptions?

A: The Chinese description of "Flat A" should be "A 室" instead of "A 座". Therefore, the instrument will be withheld from registration for clarification.

Q9: In some cases, there are minor discrepancies in the Chinese building description between the instrument (such as Letters of Administration) and land registers (e.g. 大樓 / 大廈), will it be acceptable for registration?

A: If there are discrepancies in premises description between the instrument and the land records, the instrument will be withheld from registration for clarification.

Q10: Do I need to fill in the Chinese address?

A: It is required to provide the Chinese address of the property in the memorial if known. The land register and the bilingual Rate Demand issued by the Rating and Valuation Department are regarded as an authoritative reference of the Chinese address of a property.
The lodging party may make reference to the "Guidelines on Chinese property addresses to be specified in Memorials after IRIS rollout" and LRCM No. 6/07 [Paragraph 2(b)] on the Land Registry website.

Q11: If the Chinese property address written in a Provisional Agreement for Sale and Purchase is inconsistent with land registers e.g. "二樓" is stated in instrument while 1/F is stated in the land register, will the instrument be acceptable for registration?

A: Each case will be considered individually. Evidence such as the Rate Demand issued by the Commissioner for Rating and Valuation can be provided for our consideration.

Q12: Can the descriptions of “Roof thereabove” and simply just “Roof” be used interchangeably in the instrument and memorial?

A: Yes. However, if the description is “Portion of Roof” in the land register, the description should be exactly the same as in the instrument and memorial.

Q13: Only the names of the village and the district are shown in the address field of the computerised land register. Is it sufficient to state the same in the Address box?

A: Yes.

Q14: If 'Lot No. XXX in DD XXX' is shown in the Address field of the computerised land register, should I state the same in the Address box?

A: As the same should have already been stated in the 'Lot No.' box of the memorial, it is not necessary to repeat the same in the Address box.

Q15: If the property address written in a Provisional Agreement for Sale and Purchase includes the information of “xxx 村”, but the relevant land register does not contain such information, will the instrument be acceptable for registration despite such apparent discrepancy?

A: We will adopt a flexible approach as far as possible and check if other information on the property description in the instrument can ascertain the correctness and identity of the property. If it is in affirmative, the information of “xxx 村” will be regarded as additional information from the perspective of deed registration and thus it is optional to be specified in the instrument/memorial and acceptable for registration.

Q16: If I have a letter from the Rating and Valuation Department confirming the allotment of official address to the premises affected, can I insert this address in the Address box of the subject memorial?

A: Yes. If there is such letter from the Rating and Valuation Department to prove that the official address has been allotted to the premises affected by the instrument, you can enter the official address as mentioned in the said letter in the Address box. (Note: Please also provide us with a copy of the said letter for our reference/consideration.)

Q17: If the lot / premises stated in an instrument has been carved out, subdivided or portion of the same has been surrendered, resumed, etc. and the land register of the lot / premises has thus been closed, should I still enter the original lot / premises description or the new description resultant from the aforesaid changes in the memorial?

A: In general, no further instruments would be registered against closed registers. Therefore, it is the new description of the lot (or section of the lot) / premises (units) resultant from the said changes that is to be entered into the memorial.

Q18: Is the former address required to be stated in the “Address” memorial box?

A: This practice is in accordance with the guidelines set out in LRCM 6/95. If the relevant land register contains an updated address while the instrument states the former address only, a cross reference between the former and the updated addresses should be included in the “Address” memorial box. If the instrument states both the former and the updated addresses, the updated one stated in the “Address” memorial box is sufficient.

Q19: Is “Chinese Address Not Known” or “Official Address Not Yet Known” required to be stated in the memorial?

A: According to LRCM No. 6/07, it is no longer required to insert “Chinese Address Not Known” or “Official Address Not Yet Known” in the memorial if relevant information is not shown on the relevant land register.

Q20: It is noted that in some land register, it’s “Address” field contains the words “SEE REMARK”. What does it mean and what information should I fill in the “Address” field of the memorial?

A: In certain exceptional cases, lengthy premises/address information cannot be fully displayed in the “Address” field of the land register concerned due to technical constraint. In such cases, part of the information would be stated in the “Remark” field of the “Property Particulars” section of the land register and the words “SEE REMARK” would be contained in the “Address” field. In the circumstances, please also check the relevant “Remark” in addition to the “Address” information shown in the land register for the full premises/address description which is required to be filled in the memorial.

About Us

Our Services

Resources Centre

Media Gallery

Title Registration

Memorial Form Easy Guide

Address

Short Description:

Quick Tips:

FAQ: