(2) For the purposes of subsection (1), the relevant person is—
- (a) the owner of the registered land or registered charge, or the lessee of the registered long term lease, as the case may be; or
- (b) the cautioner under a registered consent caution with whom any person intends to enter into a dealing in respect of an interest that the cautioner claims under that registered consent caution.
(3) Where an instrument which is a provisional agreement for sale and purchase or an agreement for sale and purchase in respect of registered land or a registered long term lease has been or will be presented for stamping or endorsement under the Stamp Duty Ordinance (Cap. 117), then a consent caution in respect of that dealing may be registered if the application for the registration of the consent caution is accompanied by a statutory declaration by the purchaser under the dealing to the effect that the instrument has been or will be so presented.
(4) A person who—
- (a) claims any interest, whether contractual or otherwise, in registered land or a registered charge, or a registered long term lease; or
- (b) has presented a winding-up petition against the owner of registered land or a registered charge, or the lessee of a registered long term lease,
may present to the Registrar an application for the registration of a nonconsent caution in respect of the claim or petition, as the case may be (and whether or not that person is the owner of that land or the lessee of that lease).
(5) The reference to interest in subsection (4)(a) shall include—
- (a) in any case where proceedings are brought by virtue of section 147(3) of the Companies Ordinance (Cap. 32), a first charge under section 148(1) of that Ordinance which may arise by virtue of those proceedings;
- (b) in any case where a gift inter vivos of any property is made and estate duty would be payable by virtue of section 6(1)(c) of the Estate Duty Ordinance (Cap. 111), a first charge under section 18(1) of that Ordinance which may arise by virtue of the gift.
(6) A transfer by a natural person of registered land or a registered long term lease by way of gift inter vivos shall not be registered unless there is registered at the same time a non-consent caution to the effect that, in consequence of that transfer, the land or lease is or may become subject to a first charge under section 18(1) of the Estate Duty Ordinance (Cap. 111).
(7) Notwithstanding subsection (4), for the purposes of subsection (6), an application for the registration of a transfer referred to in subsection (6) shall be accompanied by an application for the registration of a non-consent caution referred to in subsection (6) made by the same person who makes the application for registration of the transfer.
