Repeal of
5.
2
Sections 5, 7, 8, 9, 10, 11, 12 and 13 of the principal Ordinance
pections 6. 7. 8. and the heading thereto are repealed,
9. 19. U E
add 13.
Repeal and
replacement of
unction 24.
Repeal and
Deplaseaza DË section 24.
Section 23 of the principal Ordinance is repealed and replaced by the following-
"Omigadan of Land Offer to reglaber.
Lability of Land Offer and other
7.
23. The Land Officer shall register, in the manner prescribed by or under this Ordinance, any deed, con- veyance or other instrument in writing, or will or judgment, delivered into the Land Office for registration if, but only it, he is satisfied that—its
r
(a) the deed,onveyance or other instrument in writing, or will or judgment, maybe, or is under any other Ordinance required to be, registered under this Ordinance;
(b) the provisions of this 'Ordinance and of any regula- tions made thereunder, and of any other Ordinance relating to the registration of an instrument under this Ordinance have beco complied with; and (c) the prescribed fees have been paid.
234. If the Land Officer of any other person employed the Land Office wilfully or negligently fails to comply with section 23, he shall be liable for any loss or damage thereby caused, but he shall not be liable in damages-
(a) for registering, in good faith, any deed, convey- ance or other instrument in writing, or will or judgment, notwithstanding any error, omission or defect therein;
(b) for registering, in good faith, any deed, convey- ance, or other instrument in writing, or will oc judgment, which does not affect any parcels of ground, tenements or promises in Hong Kong, or (c) for any damage to or loss or destruction of any memorial or any deed, conveyance or other instru- ment in writing, or will or judgment, registered or delivered for registration or any document in his custody unless such damage, loss or destruction was due to his act and such act—
() was not authorized by or under this Ordin- ance; and
(1) was done negligently or with intent to cause such damage, loss or destruction.",
Section 24 of the principal Ordinance is repealed and replaced by the following-
"Dhoot
24. Any person who dishonestly, with a view to gain destruction etc. for himself or another, or with intent to cause loss to
another, destroys, removes, alters, defaces or conccals-
and other
document.
(a) any memorial, or any deed, conveyance or other instrument in writing, or will or judgment, belong- ing to, or filed or deposited in, the Land Office, or any part thereof or endorsement thereon or any microfilm or other record thereof; or
(b) any register, book, index, receipt, docket or other document belonging to, or filed or deposited in, the
3
Land Office, or any part thereof or any microfilm or other record thereof,
commita an offence and is liable on conviction upon indict-
ment to imprisonment for 14 years.”.
*.
Section 25 of the principal Ordinance is repealed.
Toptal of section 25.
9.
The principal Ordinance je amended by adding, after section 26, Addison of the following-
section 36A.
"Coples of documents etc.
in 29idrucE.
(p. 1171
26A. (0) A document purporting to be a copy, print or extract-
(a) of or from---
() any memorial or any deed, conveyance or other instrument in writing, or will or fudgment, belonging to, or Bled or deposited in, the Land Office of any part thereof or endorsement thereon or any microfilm or other record thereof; or
(10) any register, book, index, receipt, docket or other document belonging to, or filed or deposited in, the Land Office, or any part thereof or any microfilm or other record thereof; and
(b) signed and certified as a true copy, print or extract by the Land Officer or any person authorized by him in that behalf,
shall subject to the Stamp Ordinance, be admissible in evidence in criminal or civil proceedings before any couri on its production without further proof and, until the contrary is proved, the court shall presume that-
(A) the signature and certification to the document is that of the Land Officer or a person authorized by him in that behalf; and
(B) the document is a true and correct copy, print or
extract.
(2) Nothing in this section shall prejudice the admis sibility of any evidence which would be admissible apart from the provisions of this section.".
10. The principal Ordinance is amended by adding, after section 27, Addison of the following--
**Regulation.
28. (1) The Governor in Council may make regula- tions for all or any of the following matters-
(a) the manner in which entry and registration of memorials, deeds, conveyances, and other instru- ments in writing, and wills and judgments, and other documents in the Land Office shall be effected, and the withdrawal of any memorial, deed, conveyance, or other instrument in writing, or will or judgment, or other document from registration; (b) determining the date of registration of registered
instruments and the proof thereof;
(c) particulars and documents to be furnished for the
purposes of registration;
(d) the method by which and the form in which memorials, deeds, conveyances, and other instru-
section 28. 29 od 30.