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98. Chief Executive may order creation of easements or rights

Section 6(8) is amended by repealing “register of the land affected thereby kept in the Land Registry” and substituting “register kept under the Land Registration Ordinance (Cap. 128) or the Title Register kept under the Land Titles Ordinance (26 of 2004), as the case may require”.

Housing Ordinance

99. Interpretation

Section 2 of the Housing Ordinance (Cap. 283) is amended—

(a) in the definition of “common parts”, by repealing “in an instrument registered in the Land Registry as being for the exclusive use, occupation or enjoyment of an owner;” and substituting—

“as being for the exclusive use, occupation or enjoyment of an owner in an instrument—

(a) which is registered under the Land Registration Ordinance (Cap. 128); or

(b) which is registered under the Land Titles Ordinance (26 of 2004) or which supports a current entry in the Title Register kept under that Ordinance;”;

(b) by repealing the definition of “Land Registry”;

(c) in the definition of “registered mortgagee”, in paragraph (a), by repealing “in the Land Registry” and substituting “under the Land Registration Ordinance (Cap. 128) or the Land Titles Ordinance (26 of 2004)”.

Hong Kong Airport (Control of Obstructions) Ordinance

100. Orders by Chief Executive in Council relating to heights of buildings

Section 3(3) of the Hong Kong Airport (Control of Obstructions) Ordinance (Cap. 301) is repealed and the following substituted—

“(3) An order under subsection (1)(c) shall be served upon the owner of the premises affected, and—

(a) if the land affected is registered under the Land Registration Ordinance (Cap. 128), the order may be registered under that Ordinance against the land affected by delivering to the Land Registrar a memorial thereof signed by the Clerk to the Executive Council and containing the full terms of the order; or

(b) if the land affected is registered under the Land Titles Ordinance (26 of 2004), the order may be registered under that Ordinance against the land affected by delivering a copy thereof to the Land Registrar containing a declaration signed by the Clerk to the Executive Council to the effect that it is a true and correct copy of the order,

and upon receipt of such memorial or copy, the Land Registrar shall register it in the register kept under the Land Registration Ordinance (Cap. 128) or in the Title Register kept under the Land Titles Ordinance (26 of 2004), as the case may require.”.

101. Recovery of cost of works by Director of Buildings

Section 16(9) is amended by repealing “in the Land Registry” and substituting “under the Land Registration Ordinance (Cap. 128) or the Land Titles Ordinance (26 of 2004), as the case may require,”.