34. Power to compel registration
(1) Where the Registrar is satisfied that a person, without reasonable excuse, has failed to present to the Registrar an application for the registration of a dealing, the Registrar may, by notice in writing served on the person, require that person to present the application to the Registrar not later than 30 days after the notice is so served.
(2) Where an application in relation to which a notice has been issued under subsection (1)—
- (a) is presented to the Registrar on a date on or before the expiration of 30 days after the service of the notice—
- (i) the prescribed fee payable in respect of the application; and
- (ii) any additional fee payable under section 33 in respect of the application,
- shall become due and payable on that date;
- (b) is not presented to the Registrar on a date on or before the expiration of 30 days after the service of the notice—
- (i) the prescribed fee payable in respect of the application; and
- (ii) any additional fee payable under section 33 in respect of the application,
- shall become due and payable on the day immediately following the expiration of those 30 days.
35. Priority of registered matters
(1) Subject to subsections (3), (4), (5) and (6) and section 9 of Schedule 1, matters appearing in the Title Register shall have priority according to the order in which the applications which led to their registration were presented to the Registrar, irrespective of the dates of the applications (including the dates of the instruments, if any, supporting the applications) and notwithstanding that the actual entry in the Title Register may be delayed.
(2) Where a first charge under the provisions of any enactment is not an overriding interest, then, in so far as the charge relates to land, and notwithstanding those provisions or the fact that the term “first charge” is used therein, that charge shall have priority as determined in accordance with subsection (1).
(3) Any first charges arising under section 67(2) of the Stamp Duty Ordinance (Cap. 117) shall have priority according to the order in which the instruments to which they respectively relate were registered under the Land Registration Ordinance (Cap. 128), irrespective of the order in which any such charges are registered under this Ordinance and notwithstanding the operation of section 67(4) of the Stamp Duty Ordinance (Cap. 117).
