Page:Land Titles Ordinance (Cap. 585).pdf/64

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LAND TITLES ORDINANCE
Ord. No. 26 of 2004
A1383

90. Land Titles Indemnity Fund

(1) An indemnity fund, to be known as the Land Titles Indemnity Fund, shall be established for the purposes of this Part in accordance with the regulations.

(2) The amount of any indemnity awarded under section 86(1) or (2)(b) shall be paid out of the Land Titles Indemnity Fund.

PART 13
Appeals and Rules

91. Appeals against decisions made by Registrar

(1) A person aggrieved by a decision made by the Registrar under this Ordinance (except a decision relating to a claim for indemnity) may appeal to the Court against the decision by serving on the Registrar a notice of appeal—

(a) in the specified form; and
(b) not later than 30 days after the decision has been made or such further period—
(i) as the Registrar permits in any particular case; or
(ii) as to the Court appears just in any particular case.

(2) Where the Registrar receives a notice of appeal under subsection (1), he shall prepare and send a brief statement of the question in issue to—

(a) the Court;
(b) the appellant; and
(c) any other person appearing to the Registrar from the Title Register to be affected by the appeal.

(3) On the hearing of an appeal—

(a) the appellant;
(b) the Registrar; and
(c) any other person who, in the opinion of the Court, is affected by the appeal,

may, subject to any rules of court, appear and be heard in person or by a counsel.

(4) The Court may make such order on an appeal as the circumstances may require together with, as to the Court appears just, any costs and expenses properly incurred in relation to the appeal.

(5) The Registrar shall give effect to an order made under subsection (4), in so far as it relates to him, in accordance with the provisions of the order.

(6) In subsection (1), “decision” (決定) includes a direction, order, requirement, determination and refusal.