Page:Land Titles Ordinance (Cap. 585).pdf/58

(a) that the name of such person was entered in the Title Register as the owner or lessee, as the case may be, by or directly as a result of the fraud, mistake or omission in question or the void or voidable instrument in question, as the case may be; and

(b) that—

(i) in the case of fraud, the person—

(A) was a party to the fraud;

(B) had knowledge of the fraud at the time his name was so entered in the Title Register; or

(C) had, by his act or by lack of proper care, substantially contributed to the fraud;

(ii) in the case of a mistake or omission, the person—

(A) caused the mistake or omission;

(B) had knowledge of the mistake or omission at the time his name was so entered in the Title Register; or

(C) had, by his act or by lack of proper care, substantially contributed to the mistake or omission; or

(iii) in the case of a void or voidable instrument, the person—

(A) caused the instrument to be void or voidable, as the case may be;

(B) had knowledge that the instrument was void or voidable, as the case may be, at the time his name was so entered in the Title Register; or

(C) had, by his act or by lack of proper care, substantially contributed to making the instrument void or voidable, as the case may be.

(3) Subject to section 83, on an application made under subsection (1) by a former registered owner of registered land or a former registered lessee of a registered long term lease to restore his title to the land or lease on the ground that he lost his title by or as a result of fraud, the Court shall order the rectification of the Title Register to so restore the title of the applicant (and irrespective of whoever is currently the registered owner or registered lessee of the land or lease concerned), if the Court is satisfied that—

(a) the entry in the Title Register by or as result of which the applicant lost his title was procured, whether in whole or in part, by or as a result of—

(i) a void instrument; or

(ii) a false entry in the Title Register;

(b) the applicant was not a party to the fraud; and

(c) the applicant did not, by his act or by lack of proper care, substantially contribute to the fraud.