280
Hong Kong Annual Administration Reports, 1841-1941
22
2. In the month of May last, soon after the New Territory had been taken possession of by the Colonial Government, questions arose in respect of the following matters, viz. :-
(1.) The registration of Chinese deeds under our Deeds Registration Ordinance of 1845.
(2.) The grant of Crown Leases by the Government in substitution of the existing Chinese titles, or
(3.) The grant of Certificates of Title under which the existing titles should be acknowledged by the Government.
3. As regards (1.), arrangements were then made for the voluntary registration of all Chinese deeds by Memorial under the Registration Ordinance; the last deed before the date of the Convention (19th June, 1898) to be taken as the root of title, the previous title to be produced in support if required, but not necessarily for registration, if the circumstances did not require it. It was also necessary to obtain a translation in English of the deed forming the root of title, and to secure the payment of the fees under the Registration Ordinance, and the stamping of the deeds with the ad valorem duty under the Stamp Ordinances.
4. The first deed, which was one relating to land at Kowloon Tong, was registered on the 3rd June, 1899, and from that date to the end of the year deeds have been continuously coming into the Land Office for registration. The advantage of this registration is that the Government has no responsibility for the registered title, while the title of the registered owner is secured, and, if he is in possession, becomes absolute in twenty years. The number of deeds translated and actually registered under the Ordinance to the end of the year was 134, leaving over for investigation and decision some 200. As there is only one translator in the Land Office the work done in registration may be considered highly satisfactory.
5. It is worthy of note that in one case the registered owner died within a few weeks after the registration of his title, and the next of kin, on understanding that such was the law of the Colony, applied to the Supreme Court in its Probate Jurisdiction for letters of administration, and paid the administration duty without any demur or question, although wills, probates, and letters of administration of intestate estates are terms unknown in China outside of Hongkong.
6. With reference to (2.), as the Government under the terms of the Convention can only grant leases for a term not exceeding 99 years from the date of the Convention, the idea of granting such leases in exchange for the existing titles has been reluctantly abandoned, for the Chinese titles are in perpetuity, subject only to land tax, or, in cases of perpetual underleases, to a rent.
7. As regards (3.), it has been arranged to grant certificates of title in the first instance, provisionally, and if after the lapse of sufficient time there is no dispute, a certificate of the owner's title will be issued and registered upon...
One case in respect of land at Liümun is now being tried in order to decide the best method to adopt before granting certificates of title. The last Chinese deed of absolute sale before the Convention has been registered as a new root of title. The ground has been surveyed and marked out with boundary stones and advertisements issued by the owner claiming the land.
If, after the expiration of twelve months, he remains in undisputed possession of the land and no adverse claims are discovered within that time, the matter of granting a certificate of title will be submitted to the Government for decision.
8. The great difficulties to be got over arise from the circumstance that most valuable lands have more than one title, yet if each title is taken alone it appears to be in order. All deeds relating to land in the New Territory were registered in the San On District registry, but that registry is only a deed registry and not a registry of titles to land, and the conflicting titles could not be ascertained from the register there without some other clue than the register.
9. As a typical case of one class I may mention that the land at Cheung Sha Wán, including the foreshore and the sea in front, is claimed under four distinct titles vested in...
280
Hong Kong Annual Administration Reports, 1841-1941
22
2. In the month of May last, soon after the New Territory had been taken possession of by the Colonial Government, questions arose in respect of the following matters, viz. :-
(1.) The registration of Chinese deeds under our Deeds Registration Ordinance
of 1845.
(2.) The grant of Crown Leases by the Government in substitution of the
existing Chinese titles, or
(3.) The grant of Certificates of Title under which the existing titles should be
acknowledged by the Government.
"
3. As regards (1.), arrangements were then made for the voluntary registration of all Chinese deeds by Memorial under the Registration Ordinance; the last deed before the date of the Convention (19th June, 1898) to be taken as the root of title, the previoust title to be produced in support if required, but not necessarily for registration, if the circumstances did not require it. It was also necessary to obtain a translation in English of the deed forming the root of title, and to secure the payment of the fees under the Registration Ordinance, and the stamping of the deeds with the ad valorem duty under the Stamp Ordinances.
4. The first deed, which was one relating to land at Kowloon Tong, was registered on the 3rd June, 1899, and from that date to the end of the year deeds have been con- tinuously coming into the Land Office for registration. The advantage of this registra tion is that the Government has no responsibility for the registered title, while the title of the registered owner is secured, and, if he is in possession, becomes absolute in twenty years. The number of deeds translated and actually registered under the Ordinance to the end of the year was 134, leaving over for investigation and decision some 200. As there is only one translator in the Land Office the work done in registration may be considered highly satisfactory.
5. It is worthy of note that in one case the registered owner died within a few weeks after the registration of his title, and the next of kin, on understanding that such was the law of the Colony, applied to the Supreme Court in its Probate Jurisdiction for letters of administration, and paid the administration duty without any demur or question, although wills, probates, and letters of administration of intestate estates are terms unknown in China outside of Hongkong.
6. With reference to (2.), as the Government under the terms of the Convention can. only grant leases for a term not exceeding 99 years from the date of the Convention, the idea of granting such leases in exchange for the existing titles has been reluctantly abandoned, for the Chinese titles are in perpetuity, subject only to land tax, or, in cases of perpetual underleases, to a rent.
7. As regards (3.), it has been arranged to grant certificates of title in the first instance, provisionally, and if after the lapse of sufficient time there is no dispute, s certificate of the owner's title will be issued and registered.
upon
One case in respect of land at Liümun is now being tried in order to decide the best method to adopt before granting certificates of title. The last Chinese deed of absolute sale before the Convention has been registered as a new root of title. The ground has been surveyed and marked out with boundary stones and advertisements issued by the owner claiming the land.
If, after the expiration of twelve months, he remains in undisputed possession of the land and no adverse claims are discovered within that time, the matter of granting a certificate of title will be submitted to the Government for decision.
8. The great difficulties to be got over arise from the circumstance that most valuable lands have more than one title, yet if each title is taken alone it appears to be in order. All deeds relating to land in the New Territory were registered in the San On District registry, but that registry is only a deed registry and not a registry of titles to land, and the conflicting titles could not be ascertained from the register there without some other clue than the register.
9. As a typical case of one class I may mention that the land at Cheung Sha Wán, including the foreshore and the sea in front, is claimed under four distinct titles vested in
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