【法规名称】
【法规编号】 79705 什么是编号？
【正 文】
第6页 CAP 128 LAND REGISTRATION ORDINANCE
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[接上页] (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. |
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