【法规名称】
【法规编号】 79705 什么是编号？
【正 文】
第3页 CAP 128 LAND REGISTRATION ORDINANCE
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[接上页] (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 Amended 50 of 1911 Schedule; 8 of 1993 s. 3) [cf. 1867 c. 47 s. 2 U.K.] Cap 128 s 22 (Repealed 104 of 1995 s. 3) MISCELLANEOUS Cap 128 s 23 Obligation of Land Registrar to register (1) Subject to subsection (2), the Land Registrar shall register, in the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 |
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