C.O
392
16817
ATTORNEY GENERAL'S OFFICE,
&
REG 23 APR 12
19 & Winch 1002.
Report on Ordinance he of 1902.
I have examined the accompanying Ordinance, entitled
An Ordinance to amend the Ordinance to provide for
the Registration of Deeds, Wills, Judgments, and
Conveyances affecting real or immoveable property in
Hongkong (No. 3 of 1844),
and I am of opinion that the Ordinance is one which is not contrary to
the Governor's Instructions.
Since the Ordinance for the Registration of Deeds, &c., in the Land Office (Ordinance No. 3 of 1844) came into force, statutory provision has been made for the registration of a Lis Pendens (Ordinance No. 10 of 1856), and for the registration of its discharge, as well as for the issue by the Land Officer of a Certificate of entry of such discharge (Ordinance No. 2 of 1896).
Moreover, the Code of Civil Procedure, Ordinance No. 5 of 1901, requires a Writ of Foreign Attachment to be registered in the Land Office, and makes provision for the filing in such office of a Certificate that the Writ has been dissolved, or that the judgment in the action has been satisfied (see section 462). Fees to be paid for these matters were fixed by the said Code.
It became, therefore, in any case desirable to amend the original List of Fees specified in Ordinance No. 3 of 1844, and to bring it into line with the present practice of the Office.
Some few fees seem also to have been received and paid over to the Colonial Treasurer, without express Statutory authority, the Land Officer acting on instructions received from time to time by the Government, as for instance in the case of the reasonable charges for parchment plans and for affixing the Public Seal to Crown Leases.