【法规名称】
【法规编号】 79705 什么是编号？
【正 文】
CAP 128 LAND REGISTRATION ORDINANCE
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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: |
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