Page:Land Titles Ordinance (Cap. 585).pdf/117

4. Section substituted

Section 17 is repealed and the following substituted—

“17. Registration and re-registration of judgment, order or lis pendens

(1) Subject to subsection (2)—

(a) the registration of a relevant order shall cease to have effect immediately upon the expiration of 5 years from the date of registration of the order but the order may be re-registered from time to time and, if so re-registered, the re-registration of the order shall have effect for another 5 years from the date of re-registration; and

(b) if the re-registration of a relevant order is made before the expiration of a current period of registration or re-registration of the order, then the order shall retain its original priority.

(2) For the avoidance of doubt, it is hereby declared that the operation of this section shall not prejudice the generality of any other provisions of this Ordinance under which the registration of a relevant order may be removed or withdrawn.

(3) In this section, “relevant order” (有關命令) means a judgment, order or lis pendens.”.

5. Sections added

The following are added immediately after section 21—

“Caveats

21A. Registration of caveat to protect unregistrable interest

A person who claims an unregistrable interest in land may make an application in the specified form to the Land Registrar to register a caveat against the land.

21B. Effect of registration of caveat

(1) The registration of a caveat against land shall constitute notice of the claim which is the subject of the caveat to all persons.

(2) For the avoidance of doubt, it is hereby declared that the registration of a caveat shall not—

(a) of itself affect the validity or otherwise of the claim which is the subject of the caveat;

(b) of itself create or validate any rights or interests, or adversely affect any rights or interests, of the caveator; or

(c) without prejudice to the generality of paragraph (a), constitute a warranty, or a guarantee, as to the validity of the claim.

(3) The registration of a caveat does not prejudice the priority of the claim which is the subject of the caveat.

21C. Relationship between caveat and registered instrument

The question of whether a registered instrument is subject to an unregistrable interest claimed under a caveat shall be determined in accordance with the law in force at the time when the transaction which is the subject of the registered instrument was effected.