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Consequential Amendments to Land Registration Ordinance

1. Interpretation

Section 1A of the Land Registration Ordinance (Cap. 128) is amended—

(a) by renumbering it as section 1A(1);

(b) in subsection (1)—

(i) in the definition of “register card”, by repealing the full stop at the end and substituting a semicolon;

(ii) by adding—

“ “caution against conversion” (抗轉換警告書) means a document in the specified form—

(a) giving notice of a claim to title to land or a beneficial interest in the land; and

(b) specifying that title or interest and that land;

“caveat” (知會備忘) means a document in the specified form—

(a) giving notice of a claim to an unregistrable interest in land; and

(b) specifying that interest and that land;

“registered caution against conversion” (註冊抗轉換警告書) means a caution against conversion registered under this Ordinance;

“registered caveat” (註冊知會備忘) means a caveat registered under this Ordinance;

“specified” (指明), in relation to a form, means specified under section 27A;

“unregistrable interest” (不可註冊權益) means any interest or equity in or affecting land which—

(a) has been created by operation of law; and

(b) but for the enactment of section 21A, would not be registrable under this Ordinance.”;

(c) by adding—

“(2) Unless the context otherwise requires, any reference in any other enactment to a thing being noted in or shown in a register kept under this Ordinance, or to the register of a lot or section kept under this Ordinance, shall be construed as a reference to the relevant records of the Land Registry kept under this Ordinance, by whatever name called.”.

2. Section added

The following is added immediately after section 1A—

“1B. Application

This Ordinance does not apply to new land or registered land within the meaning of the Land Titles Ordinance (26 of 2004).”.

3. Establishment of Land Registry for registration of instruments affecting land

Section 2 is amended by adding—

“(1A) A caveat and a caution against conversion shall be regarded as an instrument in writing capable of registration under this Ordinance.”.