LAND, PUBLIC WORKS AND UTILITIES
Registration is effected by means of a memorial containing the essential particulars of the instrument which are then placed on a register card relating to the particular piece of land. Register cards are kept also in respect of individual premises such as residential flats, shops and commercial and industrial premises. The register cards provide a complete picture of the title to each property from the grant of the government lease and are available for search by the public in photostat form on payment of a small fee. The memorials and a complete copy of each registered instrument are kept and are available for search in microfilm form by the public, again on payment of a fee.
The ordinance also provides that all instruments registered under it shall have priority according to their respective dates of registration. This provision applies unless they are registered within one month of execution, in which case priority relates back to the date of the instrument. In the case of charging orders made by the court and pending court actions, priority runs from the day following the date of actual registration. The ordinance further provides that unregistered instruments, other than bona fide leases at a rack rent for a term not exceeding three years, shall be null and void as against any subsequent bona fide purchaser or mortgagee for valuable consideration. Registration is therefore essential to the protection of title, but does not guarantee it.
The records of transactions affecting land on Hong Kong Island and in Kowloon, New Kowloon and some of the urban areas of the New Territories are kept at the Land Office, Victoria, while those relating to transactions affecting land in the remainder of the New Territories are kept in the appropriate District Land Offices in the New Territories. During the year,
350 393 instruments were registered at the Land Office, compared with 355 576 in 1988. Detailed statistics are at Appendix 34. At the end of the year, the card index of property owners contained the names of 709 485 owners, an increase of 50 038 over the previous year.
Work on the computerisation of information on the Land Office register cards, with a view to introducing a computerised land registration system, continued during the year, and conversion into computerised data began in November 1986. This exercise is expected to be completed by late 1990.
The office also provides a conveyancing and legal advisory service to the government for all government land transactions and associated matters. It is responsible for the issue, renewal, variation and termination of government leases as well as the drafting, completion and registration of conditions of sale, the grant and exchange of government land, the granting of mining leases, the registration of owners' corporations, the apportionment of government rents and premia and the recovery of outstanding rents. It also provides conveyancing services for the Housing Authority in connection with the sale of flats built under the Home Ownership Scheme and for the Financial Secretary Incorporated in connection with the extension of non-renewable government leases, mortgages to secure interest-free loans to private schools, the purchase of properties for government staff quarters and group housing schemes for the elderly.
Land Sales
Notable land transactions in 1989 included the grant of a 58.7 hectare site in Sai Kung for the new Hong Kong University of Science and Technology, and the grant of a site of 5.65 hectares in Tai Po for the relocation of the Nethersole Hospital. Prompted by environmental considerations, a significant land exchange was completed which will enable Mobil oil depot opposite Mayfair Gardens in Tsing Yi to be relocated on a site in the south-west of the island.
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