To provide for the registration of deeds, conveyances, judgments and other instruments affecting real or immovable property, the keeping of Land Registry records, and for other matters relating to land registration. (Replaced 56 of 1980 s. 2. Amended 56 of 1992 s. 2; 8 of 1993 s. 2) [28 February 1844] (Originally 3 of 1844; 2 of 1896 (Cap 128 1950); 10 of 1956) Cap 128 Preamble WHEREAS it is expedient to prevent secret and fraudulent conveyances, and to provide means whereby the title to real and immovable property may be easily traced and ascertained: (Amended 5 of 1911 s. 4) Cap 128 s 1 Short title This Ordinance may be cited as the Land Registration Ordinance. (Amended 5 of 1924 s. 6) Cap 128 s 1A Interpretation In this Ordinance, unless the context otherwise requires- "document" (文件) includes, in addition to a document in writing- (a) any map, plan or drawing; (b) any disc, tape or other device in which data other than visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced therefrom; and (c) any film, tape or other device in which visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced therefrom;"image" (影像) or "image record" (影像纪录) means a record produced using the imaging method and, where the context permits, includes a record in a legible form; (Added 104 of 1995 s. 2) "imaging" (影像处理) or "imaging method" (影像处理方法) means a method by which documents in a legible form or in the form of microfilm are scanned by a scanner and the information recorded therein is converted into electronic images, which are then stored on electronic storage media capable of being retrieved and reproduced in a legible form; (Added 104 of 1995 s. 2) "lis pendens" (待决案件) means- (a) any action or proceeding pending in a court or tribunal that relates to land or any interest in or charge on land; and (b) a bankruptcy petition; (Added 56 of 1992 s. 3)"record" (纪录) includes not only a written record but any record conveying information or instructions by any other means whatsoever; "register card" (注册资料卡) has the meaning assigned to it by regulation 2 of the Land Registration Regulations (Cap 128 sub. leg.). (Added 104 of 1995 s. 2) (Added 49 of 1986 s. 2) Cap 128 s 2 Establishment of Land Registry for registration of instruments affecting land Remarks: Amendments retroactively made - see 25 of 1998 s. 2 REGISTRATION OF INSTRUMENTS AFFECTING LAND (1) The Land Registry shall be a public office for the registration of deeds, conveyances, and other instruments in writing, and judgments; and all deeds, conveyances, and other instruments in writing, and all judgments, by which deeds, conveyances, and other instruments in writing, and judgments, any parcels of ground, tenements, or premises in Hong Kong may be affected, may be entered and registered in the said office in the prescribed manner. (Amended 50 of 1911 s. 4 & Schedule; 10 of 1953 s. 2; 56 of 1980 ss. 3 & 12; 56 of 1992 s. 15; 8 of 1993 s. 2) (2) For the purpose of this Ordinance, "judgments" (判决) includes judgments and orders of the Court of First Instance, the District Court and the Lands Tribunal. (Added 10 of 1953 s. 2. Amended 29 of 1983 s. 48; 25 of 1998 s. 2) Cap 128 s 2A Floating charge (1) A document effecting a floating charge, whether or not it specifically identifies any land charged, is not, for the purposes of section 2, a deed, conveyance or other instrument in writing by which any parcel of ground, tenement or premises in Hong Kong may be affected. (Amended 56 of 1992 s. 4) (2) A document effecting a floating charge created before, on or after 1 November 1984- (Amended 31 of 1988 s. 31) (a) becomes a fixed charge on the land intended to be affected; and (b) for the purposes of section 2, is a deed, conveyance or other instrument in writing by which any parcel of ground, tenement or premises in Hong Kong may be affected,upon crystallization of that charge after 1 November 1984 as evidenced by a certificate signed by or on behalf of the chargee. (3) For the purposes of section 5, the time of execution of a charge mentioned in subsection (2) is the time of signature of the certificate mentioned in that subsection. (Added 62 of 1984 s. 57) Cap 128 s 3 Priority of registered instruments; effect of non-registration (1) Subject to this Ordinance, all such deeds, conveyances, and other instruments in writing, and judgments, made, executed, or obtained, and registered in pursuance hereof, shall have priority one over the other according to the priority of their respective dates of registration, which dates shall be determined in accordance with regulations made under this Ordinance. (Amended 50 of 1911 Schedule; 34 of 1978 s. 2; 56 of 1980 s. 4) (2) All such deeds, conveyances, and other instruments in writing, and judgments, as last aforesaid, which are not registered shall, as against any subsequent bona fide purchaser or mortgagee for valuable consideration of the same parcels of ground, tenements, or premises, be absolutely null and void to all intents and purposes: Provided that nothing herein contained shall extend to bona fide leases at rack rent for any term not exceeding 3 years. (Amended 50 of 1911 Schedule) (Amended 56 of 1992 s. 15) Cap 128 s 4 Notice of unregistered instrument not to affect registered instrument No notice whatsoever, either actual or constructive, of any prior unregistered deed, conveyance, or other instrument in writing, or judgment, shall affect the priority of any such instrument as aforesaid as is duly registered. (Amended 50 of 1911 Schedule; 56 of 1992 s. 15) Cap 128 s 5 Period within which instruments to be registered after execution All deeds, conveyances, and other instruments in writing, and judgments, which are duly registered within the respective times next mentioned, that is to say, all deeds, conveyances, and other instruments in writing which are registered within one month after the time of execution thereof respectively, and all judgments which are registered within one month after the entering up or recording thereof, shall severally be in like manner entitled to priority, and shall take effect respectively by relation to the date thereof only in the same manner as if this Ordinance had not been passed. (Amended 50 of 1911 Schedule; 34 of 1978 s. 3; 56 of 1992 s. 15) Cap 128 s 5A Priority of registered charging orders and lites pendentes Notwithstanding section 3 or section 5 a charging order or lis pendens which is duly registered shall have priority from the commencement of the day following the date of its registration. (Added 34 of 1978 s. 4) Cap 128 s 6 (Repealed 56 of 1980 s. 5) Cap 128 s 7 (Repealed 56 of 1980 s. 5) Cap 128 s 8 (Repealed 56 of 1980 s. 5) Cap 128 s 9 (Repealed 56 of 1980 s. 5) Cap 128 s 10 (Repealed 56 of 1980 s. 5) Cap 128 s 11 (Repealed 56 of 1980 s. 5) Cap 128 s 12 (Repealed 56 of 1980 s. 5) Cap 128 s 13 (Repealed 56 of 1980 s. 5) Cap 128 s 14 Application to lis pendens REGISTRATION OF LIS PENDENS The provisions of this Ordinance relating to judgments (subject to the provisions hereinafter contained) shall extend to lites pendentes: (10 of 1856 s. 1 incorporated. Amended 50 of 1911 Schedule; 20 of 1948 s. 4; 56 of 1992 s. 5) Cap 128 s 15 (Repealed 56 of 1992 s. 6) Cap 128 s 16 Case of lis pendens not registered Remarks: Amendments retroactively made - see 25 of 1998 s. 2 No lis pendens shall be registered in the Registry of the High Court, or elsewhere than in the Land Registry; and a lis pendens not registered in the said office shall not bind any purchaser or mortgagee of the estate intended to be thereby affected. (10 of 1856 s. 3 incorporated. Amended 50 of 1911 Schedule; 56 of 1992 s. 7; 8 of 1993 s. 2; 25 of 1998 s. 2) Cap 128 s 17 Expiry and re-registration The registration of a judgment, order or lis pendens shall cease to have effect at the end of 5 years from the date of registration, but the judgment, order or lis pendens may be re-registered from time to time and, if so re-registered, shall have effect for 5 years from the date of re-registration. (Replaced 56 of 1992 s. 8) Cap 128 s 18 Effect of registry and re-registry and extension of 1855 c. 15 s. 11 Every lis pendens registered or re-registered, and also every judgment or order re-registered under this Ordinance, shall have the same force and effect as a judgment registered and not further or otherwise. (10 of 1856 s. 5 incorporated. Amended 50 of 1911 Schedule; 20 of 1948 s. 4; 56 of 1980 s. 12; 56 of 1992 s. 9) Cap 128 s 19 Power to the court to order vacation of lis pendens VACATION OF REGISTRATION OF LIS PENDENS The court or judge before whom any property sought to be bound is in litigation, may on the determination of the lis pendens, or during the pendency thereof, where the said court or judge is satisfied that the litigation is not prosecuted bona fide, or for other good cause shown, make an order for the vacating of the registration in the Land Registry of such lis pendens without the consent of the party who registered it, and may direct the party on whose behalf the registration was made to pay all the costs and expenses occasioned by the registration or the vacating thereof, including the costs of the application to vacate, or may make such other order as to such costs or any of them as to the said court or judge may seem just. (2 of 1896 s. 1 incorporated. Amended 50 of 1911 Schedule; 8 of 1993 s. 2) [cf. 1867 c. 47 s. 2 U.K.] Cap 128 s 20 Mode of making application to the court The application to vacate a lis pendens under section 19 may be in a summary way by petition or motion in court or by summons in chambers, and may be made by any person interested in the property against which the lis pendens has been registered, whether such person is a party to the lis pendens or not. (2 of 1896 s. 2 incorporated. Amended 5 of 1924 s. 8) [cf. 1867 c. 47 s. 2 U.K.] Cap 128 s 21 Entry of discharge by Land Registrar If an order is made for vacating any such registration, the Land Registrar shall, on the filing with him of a memorial and an office copy of such order, enter a discharge of such lis pendens on the register, and may issue certificates of such entry. (2 of 1896 s. 3 incorporated. Amended 50 of 1911 Schedule; 8 of 1993 s. 3) [cf. 1867 c. 47 s. 2 U.K.] Cap 128 s 22 (Repealed 104 of 1995 s. 3) MISCELLANEOUS Cap 128 s 23 Obligation of Land Registrar to register (1) Subject to subsection (2), the Land Registrar shall register, in the manner prescribed by or under this Ordinance, any deed, conveyance or other instrument in writing, or judgment, if, but only if, he is satisfied that- (Amended 56 of 1992 ss. 10 & 15; 8 of 1993 s. 3; 28 of 1995 s. 40) (a) the deed, conveyance or other instrument in writing, or judgment, may be, or is under any other Ordinance required to be, registered under this Ordinance; (Amended 56 of 1992 s. 15) (b) the provisions of this Ordinance and of any regulations made thereunder, and of any other Ordinance relating to the registration of an instrument under this Ordinance have been complied with; and (c) the prescribed fees have been paid.(2) Subject to subsection (3), the Land Registrar shall not register a deed, conveyance or other instrument in writing, executed after the commencement of section 30 of the Land Survey Ordinance (Cap 473) and effecting a division of land if the deed, conveyance or instrument is not accompanied by a land boundary plan- (a) showing and delineating the parcels of land resulting from the division; and (b) subject to subsection (4), signed and certified by an authorized land surveyor in accordance with the Land Survey Ordinance (Cap 473). (Added 28 of 1995 s. 40)(3) Where a division of land is effected by a will or judgment and the grant of probate in respect of the will or the judgment, as the case may be, is delivered into the Land Registry for registration, it shall not be necessary for the grant or judgment to be accompanied by a land boundary plan referred to in subsection (2), but the deed, conveyance or other instrument in writing transferring the title of any parcel of land resulting from the division delivered into the Land Registry for registration shall be accompanied by such a land boundary plan. (Added 28 of 1995 s. 40) (4) It shall not be necessary for a land boundary plan accompanying any deed, conveyance or other instrument in writing to which subsection (2) or (3) applies and which plan is prepared by the Government to be signed and certified by an authorized land surveyor. (Added 28 of 1995 s. 40) (5) In this section, "authorized land surveyor" (认可土地测量师), "land" (土地) and "land boundary plan" (土地界线图) have the meanings respectively assigned to them under the Land Survey Ordinance (Cap 473). (Added 28 of 1995 s. 40) (Replaced 56 of 1980 s.6) Cap 128 s 23A Liability of Land Registrar and others If the Land Registrar or any other person employed in the Land Registry wilfully or negligently fails to comply with section 23, he shall be liable for any loss or damage thereby caused, but he shall not be liable in damages- (Amended 8 of 1993 ss. 2 & 3) (a) for registering, in good faith, any deed, conveyance or other instrument in writing, or judgment, notwithstanding any error, omission or defect therein; (b) for registering, in good faith, any deed, conveyance, or other instrument in writing, or judgment, which does not affect any parcels of ground, tenements or premises in Hong Kong; or (c) for any damage to or loss or destruction of any memorial or any deed, conveyance or other instrument in writing, or judgment, registered or delivered for registration or any document in his custody unless such damage, loss or destruction was due to his act and such act- (i) was not authorized by or under this Ordinance; and (ii) was done negligently or with intent to cause such damage, loss or destruction. (Added 56 of 1980 s. 6. Amended 56 of 1992 s. 15) Cap 128 s 24 Dishonest destruction etc., of memorials and other documents (1) Any person who dishonestly, with a view to gain for himself or another, or with intent to cause loss to another, destroys, removes, alters, defaces or conceals- (a) any memorial, or any deed, conveyance or other instrument in writing, or judgment, belonging to, or filed or deposited in, the Land Registry, or any part thereof or endorsement thereon or any microfilm, image or other record thereof; or (Amended 104 of 1995 s. 4) (b) any register, book, index, receipt, docket or other document belonging to, or filed or deposited in, the Land Registry, or any part thereof or any microfilm, image or other record thereof, (Amended 104 of 1995 s. 4)commits an offence and is liable on conviction upon indictment to imprisonment. (Amended 56 of 1992 ss. 11 & 15; 8 of 1993 s. 2) (2) Any person who wilfully or maliciously destroys, removes, alters, defaces or conceals any thing referred to under subsection (1)(a) or (b) commits an offence and is liable to imprisonment and a fine. (Added 56 of 1992 s. 11) (Replaced 56 of 1980 s.7) Cap 128 s 25 (Repealed 56 of 1980 s. 8) Cap 128 s 26 Duties and powers of assistant land registrar Any assistant land registrar acting in the place or on behalf of the Land Registrar shall have the same duties and powers as are given by this or any other Ordinance to the Land Registrar. (Added 23 of 1938 s. 2. Amended 8 of 1993 s. 3) Cap 128 s 26A Copies of documents etc. admissible in evidence (1) A document purporting to be a copy, print or extract- (a) of or from- (i) any memorial or any deed, conveyance or other instrument in writing, or judgment, belonging to, or filed or deposited in, the Land Registry, or any part thereof or endorsement thereon or any microfilm, image or other record thereof; or (Amended 56 of 1992 s. 15; 104 of 1995 s. 5) (ii) any register, book, index, receipt, docket or other document belonging to, or filed or deposited in, the Land Registry, or any part thereof or any microfilm, image or other record thereof; and (Amended 104 of 1995 s. 5)(b) bearing a certificate, with the signature or the printed signature of the Land Registrar, or of any person authorized by him in that behalf, certifying that the document is a true copy, print or extract, (Replaced 104 of 1995 s. 5)shall, subject to the Stamp Duty Ordinance (Cap 117), be admissible in evidence in criminal or civil proceedings before any court on its production without further proof and, until the contrary is proved, the court shall presume that- (A) the signature or the printed signature and certification to the document is that of the Land Registrar or a person authorized by him in that behalf; and (Amended 104 of 1995 s. 5) (B) the document is a true and correct copy, print or extract.(2) Nothing in this section shall prejudice the admissibility of any evidence which would be admissible apart from the provisions of this section. (3) For the avoidance of doubt, it is hereby declared that nothing in this section or any other provision of this Ordinance shall require the Land Registrar or a person mentioned in subsection (1) to provide a certificate mentioned in that subsection in relation to any copy, print or extract of or from any instrument, including any copies, prints or extracts of or from the memorial and plans (if any) relating thereto, withheld from registration pursuant to the Land Registration Regulations (Cap 128 sub. leg. A). (Added 20 of 2002 s. 2) (Added 56 of 1980 s. 9. Amended 8 of 1993 ss. 2 & 3) Cap 128 s 27 Fees Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 (1) The Chief Executive in Council may by regulation prescribe the fees to be taken in the Land Registry. (Amended 20 of 1948 s. 4; 9 of 1950 Schedule; 37 of 1950 Schedule; 61 of 1999 s. 3) (2) Subject to the provisions of subsection (3), the true consideration shall be stated in all documents registered in the Land Registry. (Replaced 28 of 1931 s. 2) (3) Where the amount or value of the consideration money is not stated in any deed, assignment, mortgage or other instrument proposed to be registered in the Land Registry, or where no consideration money or merely nominal consideration money passes thereunder, the value of the property, to which such deed, assignment, mortgage or other instrument relates, shall be determined by the Land Registrar and the like fees shall be paid as if the value so determined were the amount or value of the consideration money. (Replaced 28 of 1931 s. 2. Amended 20 of 1948 s. 4; 56 of 1992 s. 12) (Amended 8 of 1993 ss. 2 & 3) Cap 128 s 28 Regulations (1) The Land Registrar may make regulations for all or any of the following matters- (Amended 56 of 1992 s. 13) (a) the manner in which entry and registration of memorials, deeds, conveyances, and other instruments in writing, and judgments, and other documents in the Land Registry shall be effected, and the withdrawal of any memorial, deed, conveyance, or other instrument in writing, or judgment, or other document from registration; (Amended 56 of 1992 s. 15) (b) determining the date of registration of registered instruments and the proof thereof; (c) particulars and documents to be furnished for the purposes of registration; (d) the method by which and the form in which memorials, deeds, conveyances, and other instruments in writing, and judgments, and other documents are to be recorded and the manner in which they are to be maintained; (Amended 56 of 1992 s. 15) (e) the correction and amendment of any memorial or other document; (f) the keeping of indexes, registers and other records of the Land Registry; (g) the use of microfilm, imaging or any other material or method for the recording of memorials, deeds, conveyances, and other instruments in writing, and judgments, and other documents, including records of the Land Registry; (Amended 56 of 1992 s. 15; 104 of 1995 s. 6) (ga) the use of the imaging method for the recording of microfilm records; (Added 104 of 1995 s. 6) (h) the destruction or disposal of memorials and other documents, including records of the Land Registry, recorded on microfilm or on other material or by the imaging method; (Amended 104 of 1995 s. 6) (i) fixing the hours during which the Land Registry or any part thereof shall be open to the public and empowering the Land Registrar to vary such hours; (j) regulating admission to the Land Registry or any part thereof and the use of any equipment, facilities or material therein by members of the public; (k) regulating the conduct of persons in the Land Registry; (l) enabling any person to be refused entry to the Land Registrar and the removal from the Land Registry of any person; (m) prescribing anything that is required or permitted to be prescribed under this Ordinance.(2) Regulations made under this section may provide that a contravention of any specified provision of any such regulation shall be an offence and may provide penalties therefor not exceeding a fine of $10000 and imprisonment for 2 years. (Added 56 of 1980 s. 10. Amended 8 of 1993 ss. 2 & 3) Cap 128 s 29 Effect of memorials recorded on microfilm Where pursuant to regulations made under section 28 the memorial of any deed, conveyance or other instrument in writing, or judgment, is recorded on microfilm- (a) the microfilm record of the memorial shall be treated for all purposes as the original memorial; and (b) the registration of any such deed, conveyance or other instrument in writing, or judgment, registered prior to the date of commencement* of the Land Registration (Amendment) Ordinance 1980 (56 of 1980), shall not be affected. (Added 56 of 1980 s. 10. Amended 56 of 1992 s. 15)_________________________________________________________________________________ Note: * Date of commencement-8 June 1981. Cap 128 s 29A Effect of register cards recorded on microfilm or memorials recorded by the imaging method, etc. Where pursuant to regulations made under section 28- (a) any register card is recorded on microfilm, the microfilm record of the register card shall be treated for all purposes as the original register card; (b) the memorial of any deed, conveyance or other instrument in writing, or judgment, is recorded by the imaging method, the image record of the memorial shall without prejudice to section 29(a) be treated for all purposes as the original memorial; and (c) the microfilm record of the memorial of any deed, conveyance or other instrument in writing, or judgment, is recorded by the imaging method, the image record of the microfilm record of the memorial shall without prejudice to section 29(a) be treated for all purposes as the original memorial. (Added 104 of 1995 s. 7) Cap 128 s 30 Saving in respect of New Territories Land Offices, etc. Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 (1) Notwithstanding anything contained in this Ordinance, sections 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 25 and the Schedule in force immediately before the date of commencement* of the Land Registration (Amendment) Ordinance 1980 (56 of 1980) and which are set out for convenience in the First Schedule shall continue to apply to the registration of deeds, conveyances, judgments and other instruments affecting real or immovable property in- (Amended 56 of 1992 s. 15) (a) any office specified in the Second Schedule; and (b) any place approved under section 11 of the New Territories Ordinance (Cap 97),and a reference in any enactment to a section of this Ordinance referred to in this subsection shall be construed accordingly. (1A) As from the commencement of section 14 of the Land Registration (Amendment) Ordinance 1992 (56 of 1992), the provisions referred to in subsection (1) cease to apply, in any circumstances, to the registration of wills and the First Schedule has been amended accordingly. (Added 56 of 1992 s. 14) (1B) The First Schedule has been amended by the Adaptation of Laws (Courts and Tribunals) Ordinance (25 of 1998) and the Adaptation of Laws (No. 24) Ordinance 1999 (61 of 1999) to bring them into conformity with the Basic Law and with the status of Hong Kong as a Special Administrative Region of the People's Republic of China. (Added 61 of 1999 s. 3) (2) The Land Registrar may, by order published in the Gazette, amend the Second Schedule. (Amended 56 of 1992 s. 14; 8 of 1993 s. 3) (Added 56 of 1980 s. 10)_________________________________________________________________________________ Note: * Date of commencement-8 June 1981. Cap 128 s 31 Saving in respect of deposit of deeds, etc., in Land Registry for safe custody Notwithstanding the repeal of section 22 by section 3 of the Land Registration (Amendment) Ordinance 1995 (104 of 1995), where immediately before the commencement of that Ordinance, any person has, pursuant to that repealed section, deposited in the Land Registry for safe custody any deed, conveyance, power of attorney, or other instrument in writing whatsoever, the Land Registrar shall continue to- (a) keep and maintain the book which contains an accurate alphabetical index having reference as well to the name of the parties to each such deed or instrument as to the person depositing the same; and (b) carefully and securely keep all such deeds, conveyances, powers of attorney, or other instruments in his office until required by the party depositing the same to deliver them back again. (Added 104 of 1995 s. 8) Cap 128 Sched 1 PROVISIONS OF THE ORDINANCE IN FORCE IMMEDIATELY BEFORE THE DATE OF COMMENCEMENT OF THE LAND REGISTRATION (AMENDMENT) ORDINANCE 1980 WHICH SHALL CONTINUE TO APPLY IN THE CIRCUMSTANCES SET OUT IN SECTION 30 Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 61 of 1999 s. 3 [section 30] 2. Establishment of Land Registry for registration of instruments affecting land (1) The Land Registry shall be a public office for the registration of deeds, conveyances, and other instruments in writing, and judgments; and all deeds, conveyances, and other instruments in writing, and all judgments, by which deeds, conveyances, and other instruments in writing, and judgments, any parcels of ground, tenements, or premises in Hong Kong may be affected, may be entered and registered in the said office in the manner hereinafter directed. (Amended 56 of 1992 s. 15; 8 of 1993 s. 2; 61 of 1999 s. 3) (2) For the purpose of this Ordinance, "judgments" (判决) includes judgments and orders both of the Court of First Instance and of the District Court. (Amended 25 of 1998 s. 2) 3. Priority of registered instruments; effect of non-registration (1) Subject to this Ordinance, all such deeds, conveyances, and other instruments in writing, and judgments, made, executed, or obtained, and registered in pursuance hereof, shall have priority one over the other according to the priority of their respective respective dates of registration. (2) All such deeds, conveyances, and other instruments in writing, and judgments, as last aforesaid, which are not registered shall, as against any subsequent bona fide purchaser or mortgagee for valuable consideration of the same parcels of ground, tenements, or premises, be absolutely null and void to all intents and purposes: Provided that nothing herein contained shall extend to bona fide leases at rack rent for any term not exceeding 3 years. (Amended 56 of 1992 s. 15) 6. Delivery into Land Registry of memorial of instrument to be registered The registration intended by this Ordinance shall be made in manner following, that is to say, a memorial containing the particulars hereinafter specified shall be delivered into the Land Registry, signed, in the case of a deed, conveyance, or other instrument in writing, by some or one of the parties to the original instrument, or, if such parties are dead or absent from Hong Kong, then by one or more of the witnesses to such instrument, and in the case of a and in the case of a judgment by a party to the action in which such judgment is delivered or by his agent or by a person claiming under or through such party. (Amended 56 of 1992 s. 15; 8 of 1993 s. 2; 61 of 1999 s. 3) 7. Verification of memorial Every such memorial shall contain a just and true account of the several particulars therein set forth and shall be verified- (a) by the oath of some competent person taken before any commissioner for oaths; or (Amended 47 of 1997 s. 10) (b) by the certificate of a person admitted and enrolled as a solicitor in Hong Kong; or (Amended 61 of 1999 s. 3) (c) where the memorial has been prepared in the Land Registry, by the certificate of the Land Registrar. (Amended 8 of 1993 ss. 2 & 3) 8. Particulars to be contained in memorial (1) The memorial of any deed, conveyance, or other instrument in writing, shall contain the date of such deed, conveyance, or other instrument, and the particular nature and object thereof, the names and additions of all the parties to such deed, conveyance, or other instrument, and the names and additions of all the witnesses thereto and shall especially particularize and express the parcels of ground, tenements and premises affected or intended to be affected by such deed, conveyance, or other instrument, and the proper and ordinary or accustomed names of the places where the same are situate, and the pecuniary or other consideration for the same, in the form or to the effect of the form in the Schedule. (Amended 56 of 1992 Schedule) (2) The memorial of any judgment shall contain the names and additions of the plaintiff and defendant, the sum thereby recovered or secured, if any, the time of entering up or recording the same, and the sum of money bona fide due thereon, if any. (3) Provided always that when there are more writings than one for perfecting the same conveyance or security affecting the same parcels of ground, tenements, and premises, all such writings shall be stated in one and the same memorial, in which it shall be sufficient to particularize such parcels, tenements and premises only once. (Amended 56 of 1992 s. 15) 9. Numbering, receipt for, and endorsement of certificate on memorial (1) On the delivery of any such memorial as aforesaid, the Land Registrar shall number the memorial according to the order of time in which it has been so delivered, and shall give a receipt for it, in which receipt shall be specified the certain day and time of day when the memorial was so delivered, and the proper number thereof in the register of the Land Registry. (2) The Land Registrar shall also in like manner immediately endorse on the back of the memorial a certificate containing the day and the time of day when the memorial was so delivered, and the name and place of abode of the person verifying it, and shall sign the certificate when so endorsed. (3) Such certificate shall be taken and allowed as evidence of the registration, and of the time of registration, of the deed, conveyance, or other instrument, or of the judgment, of which the memorial has been so made. (Amended 56 of 1992 s. 15) (Amended 8 of 1993 ss. 2 & 3) 10. Registration and custody of memorial Every such memorial shall, as soon after the receipt thereof as practicable, be carefully registered by the Land Registrar, in regular succession as received, according to its proper number, in a particular book to be kept by him for that purpose, and shall afterwards be deposited by him in some secure place in his office, and there kept for future reference when required. (Amended 8 of 1993 s. 3) 11. Indices of land registered and of parties to instruments The Land Registrar shall also keep an index of the parcels of ground, tenements, and premises mentioned in every such memorial and also a like index or indices of the names of the several parties to deeds, conveyances, and other instruments in writing, and of the plaintiffs and defendants in the case of judgments, with accurate references in all such indices respectively to the number and page of registry of the memorial to which any entry in such indices relates. (Amended 56 of 1992 s. 15; 8 of 1993 s. 3) 12. Entry of satisfaction of mortgage or judgment and registration of certificate of satisfaction In the case of any mortgage or judgment registered, if at any time afterwards such verified certificate as is hereinafter next mentioned is brought to the Land Registrar, signed by the mortgagor and mortgagee or plaintiff and defendant or their agents as the case may be, and attested by 2 credible witnesses, whereby it appears that the whole of the moneys due on such mortgage or judgment have been fully paid, or that such mortgage or judgment is otherwise satisfied, then the Land Registrar shall make a short entry or memorandum thereof on the memorial and on the margin of the registry of such mortgage or judgment, and shall afterwards carefully register the certificate in one of the registry books of his office, and the Land Registrar shall make an entry thereof in his indices referring accurately to the page of registry of the certificate. (Amended 8 of 1993 s. 3) 13. Contents, verification, and custody of certificate of satisfaction of mortgage or judgment (1) Every such certificate shall contain the following particulars, that is to say, in the case of a mortgage the names and additions of the original parties, the date of the instrument, the sum thereby secured, and the time of payment or other satisfaction thereof; and in the case of a judgment the names and additions of the plaintiff and defendant, the time of entering up or recording the same, the sum thereby recovered, if any, and the date of payment or other satisfaction of the amount bona fide due thereon, if any. (2) Every such certificate shall contain a just and true account of the several particulars therein set forth and shall be verified- (a) by the oath of some competent person taken before any commissioner for oaths, or (Amended 47 of 1997 s. 10) (b) by the certificate of a person admitted and enrolled as a solicitor in Hong Kong. (Amended 61 of 1999 s. 3)(3) On the back of such verified certificate the Land Registrar shall immediately endorse the date when the same was received by him, and the name and place of abode of the person verifying the same, and the certificate shall, after being so endorsed and entered as aforesaid, be safely kept in his office for future reference when required. (Amended 8 of 1993 s. 3) 25. Verification of correction in memorial of registry Any correction by erasure, interlineation, or otherwise in any memorial of the registry of any document shall be noted and set forth at length in red ink in the margin of the memorial wherein it is made, together with the reasons for making the same, and shall be attested and verified by the signature of the Land Registrar. (Amended 8 of 1993 s. 3) SCHEDULE [section 8] PARTICULARS TO BE CONTAINED IN MEMORIAL 1. Date of instrument. 3. Names and additions of the parties. 4. Names and additions of the witnesses thereto. 5. Description of the land or premises conveyed in or affected by the instrument. 6. Name and description of the place where situate. 7. Consideration and to whom and how paid. 8. Any other particulars which the case may require. (Replaced 56 of 1980 s. 11. Amended 56 of 1992 s. 15) Cap 128 Sched 2 OFFICES SPECIFIED FOR THE PURPOSES OF SECTION 30 [section 30] None. (Added 56 of 1980 s. 11. Amended 8 of 1993 s. 2; L.N. 415 of 1994)
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