Land Registration (Amendment) Ordinance 2002
The Land Registration (Amendment) Ordinance 2002 was enacted by the Legislative Council in July 2002.
The principal object of the Amendment Ordinance is to amend the Land Registration Ordinance (Cap.128) and its subsidiary legislation to -
- allow the separate New Territories and urban registries to be merged into a single registration service for the whole territory. Under the Central Registration System, all registration of property transactions will be carried out in the Land Registry's Queensway offices;
- introduce a new service of colour imaging of plans; and
- improve the performance of the registration and search functions of the Land Registry, and regulate certain existing practices of the Land Registry.
The provisions concerning the Central Registration System will not be implemented until the Land Registry's new information management system, the Integrated Registration Information System (IRIS) comes into operation. This is expected to be by January 2004. A circular advising on the associated arrangements will be issued at that time.
To bring the colour imaging of plans and the improvements in registration and search functions into operation, the following new procedures will be implemented as from 12 December 2002 -
- Size and form of instruments
Amended Regulation 9 of the Land Registration Regulations provides that a copy of an instrument, as specified in the Annex attached, and certified by the person stated will be acceptable for registration.
In respect of an instrument delivered for registration, it shall contain, where practicable, the identity card number or particulars of a travel document of a person signing the instrument or the registration number or particulars of incorporation of a company signing the instrument.
- Temporary withdrawal of instrument from registration and search of copies of instruments withheld from registration
A lodging party may temporarily withdraw an instrument before completion of registration for correction. An instrument which is temporarily withdrawn is included as an instrument withheld from registration. All procedures applicable to withheld deeds, including the disincentive fee, will also apply to such temporarily withdrawn instruments.
The Land Registry will also provide to the public the latest copies of withheld deeds (including instruments temporarily withdrawn) for search at the fee of $120 for each memorial and instrument. Certified copies of the withheld deeds will not be provided.
- Colour imaging of old copy plan
The copy of every coloured plan attached to or endorsed on an instrument registered in the Land Registry will be recorded by the colour imaging method. There will be no additional charge for this. After colour imaging, the colour imaged plan will be available for search at existing fee levels.
- Deletion of names of parties or other relevant persons from Memorial Day Book
For purposes of personal data privacy protection, the names of the parties or other relevant persons on instruments delivered for registration will no longer be shown in the Memorial Day Book.
- Verification of memorial
Amended Regulation 7(c) makes clear that the Land Registry will prepare and verify a memorial only for Government departments.
- Correction of memorials
The obsolete practice of correction of memorials in red ink stated in Regulation 20(1)(b) is now repealed.
For enquiries, please contact our Customer Service Manager, Mrs. Cindy Lam at 2867 2882 (now changed to 3105 0000) or e-mail to us at csa@landreg.gov.hk
(Kim Salkeld)
Land Registrar
ANNEX
CLASSES OF INSTRUMENTS FOR WHICH CERTIFIED COPIES MAY BE
SUBMITTED FOR REGISTRATION
| Class of instrument | Person who may certify copy of instrument |
|---|---|
| Certificate of Incorporation on Change of Name issued by the Companies Registry | Registrar of Companies of Hong Kong, a person authorized in writing by him or a solicitor |
| Death Certificate issued by the Births and Deaths Registry | Registrar of Births and Deaths of Hong Kong or a person authorized in writing by him |
| Certificate of Exemption from Estate Duty issued by the Estate Duty Office | Commissioner of Estate Duty of Hong Kong or a person authorized in writing by him |
| Certificate of Receipt of Estate Duty issued by the Estate Duty Office | Commissioner of Estate Duty of Hong Kong or a person authorized in writing by him |
| Probate granted by the High Court | Registrar of the High Court or a person authorized in writing by him |
| Letters of Administration granted by the High Court | Registrar of the High Court or a person authorized in writing by him |
| Occupation Permit issued by the Building Authority | Director of Buildings of Hong Kong or a person authorized in writing by him |
| Power of Attorney | Solicitor |
| Letter of determination or rescission of an agreement for sale and purchase | Solicitor |
| Notice of discontinuance of court action | Solicitor |
| Notice of severance of joint tenancy | Solicitor |
| Memorandum or Letter of Compliance of conditions precedent in Government Grant issued by the Lands Department | No certification required (Photocopy acceptable) |
| Notice or Letter of Compliance issued by the Building Authority confirming building works have been completed or building orders have been complied with | No certification required (Photocopy acceptable) |