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【法规名称】 
【法规编号】 79705  什么是编号?
【正  文】

第2页 CAP 128 LAND REGISTRATION ORDINANCE

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  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  Cap 128 s 6 (Repealed 56 of 1980 s. 5)
  
  Cap 128 s 7 (Repealed 56 of 1980 s. 5)
  
  Cap 128 s 8 (Repealed 56 of 1980 s. 5)
  
  Cap 128 s 9 (Repealed 56 of 1980 s. 5)
  
  Cap 128 s 10 (Repealed 56 of 1980 s. 5)
  
  Cap 128 s 11 (Repealed 56 of 1980 s. 5)
  
  Cap 128 s 12 (Repealed 56 of 1980 s. 5)
  
  Cap 128 s 13 (Repealed 56 of 1980 s. 5)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  Cap 128 s 15 (Repealed 56 of 1992 s. 6)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.
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