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Land Survey Ordinance

143. Interpretation

Section 2 of the Land Survey Ordinance (Cap. 473) is amended by repealing the definition of “Land Registry”.

144. Disciplinary offences

Section 20(l) is amended by repealing “section 30(6) or (8)” and substituting “section 30(6) or (8) or 30A(7) or (9)”.

145. Land boundary plans for subdivisions

Section 30 is amended by adding—

“(11) This section shall not apply to land which is registered land within the meaning of the Land Titles Ordinance (26 of 2004).”.

146. Section added

The following is added—

“0A. Land boundary plans for subdivision of registered land

(1) Subject to subsections (2) and (3), where there is presented to the Land Registrar any application—

(a) within the meaning of the Land Titles Ordinance (26 of 2004); and

(b) the registration of which under that Ordinance will effect a division of registered land,

then the instrument accompanying the application and providing for the division shall, in respect of each of the parcels of land to result from the division, be accompanied by a land boundary plan—

(c) showing and delineating those parcels; and

(d) subject to subsection (4), signed and certified by an authorized land surveyor in the specified form.

(2) Without prejudice to the generality of subsections (3) and (4)—

(a) subject to paragraph (b), it shall not be necessary for an instrument referred to in subsection (1) to be accompanied by a land boundary plan referred to in subsection (1) where the division of registered land concerned is provided for by a will or judgment and that instrument is the grant of probate in respect of the will, or the judgment, as the case may be;

(b) it shall be necessary for an instrument accompanying an application presented for the registration under the Land Titles Ordinance (26 of 2004) of a dealing to effect the passing of title to any parcel of land resulting from that division to be accompanied by such a land boundary plan.

(3) It shall not be necessary for an instrument referred to in subsection (1) or (2)(b) to be accompanied by a land boundary plan referred to in that subsection if the instrument was executed before the commencement of section 30.

(4) It shall not be necessary for a land boundary plan—

(a) accompanying an instrument referred to in subsection (1) or (2)(b); and

(b) which has been prepared by the Government,

to be signed and certified by an authorized land surveyor.

(5) An authorized land surveyor who certified a land boundary plan referred to in subsection (1) or (2)(b) shall deposit with the Authority a duplicate of the land boundary plan and the survey record plan of the relevant land boundary survey both signed and certified in the specified form, not later than 7 days after the application referred to in that subsection to which the land boundary plan relates was presented to the Land Registrar.