DROIT
3 0 1G 10 LI.
No. 3 of 1844.
ANNO SEXTO ET SEPTIMO
VICTORIÆ REGINÆ.
BY His Excellency Sir HENRY POTTINGER, Baronet, Knight Grand Cross
Title.
Preamble that it is
of the Most Honorable Order of the Bath, Major General in the Service of the East India Company, Governor and Commander in Chief of the Colony of Hongkong, and its Dependencies, and Superintendent of the Trade of Her Majesty's Subjects in China, with the advice of the Legislative Council of Hongkong.
An Ordinance to provide for the Registration of deeds, wills, judgments, and conveyances affecting real or immovable property in Hongkong.
[29th February, 1844] WHEREAS it is expedient to prevent secret and fraudulent Conveyances, and to facilitate in the Colony of Hongkong, and to provide means whereby the title to real and immovable property may be easily traced and ascertained. Be it therefore enacted by His Excellency, the Governor of Hongkong and its Dependencies, with the advice of the Legislative Council thereof, that from and after the passing of this Ordinance, the Land Office in the said Colony shall be a public office for the registration of deeds, conveyances, and other instruments, wills, and judgments in the manner hereinafter mentioned: and that all conveyances and other deeds, wills, and devises, and other instruments in writing, now or hereafter to be made or executed, and all judgments hereafter to be obtained, by which conveyances, deeds, instruments, and other instruments in writing, wills, and judgments, any parcels of ground, tenements, or premises in Hongkong aforesaid, or its dependencies, now are, or shall, or may hereafter be affected, may be entered and registered in the said Office in the manner hereinafter directed.
Registry Office.
Such instruments to be registered within the said Office.
2.--And be it further enacted, that all such judgments and conveyances, or instruments in writing, obtained, made, or executed, respectively, after the passing of this Ordinance, and registered in pursuance hereof, shall have priority one over the other, according to the priority of their respective dates of Registration, and that all such judgments, deeds, conveyances, or instruments in writing, as last aforesaid, and all future devises, which shall not be registered in pursuance of this Ordinance, shall (as against any subsequent bona fide purchaser or mortgagee of the same parcels of ground, tenements, or premises, for valuable consideration) be absolutely null and void to all intents and purposes, Provided that nothing herein contained shall extend to bona fide leases at rack rent for any term not exceeding three years.
3.--And be it enacted, that no notice whatsoever, either actual or constructive, of any prior unregistered deed, judgment, will, conveyance, or instrument in writing, shall affect the priority of any such instrument as aforesaid, as shall be duly registered in pursuance of this Ordinance.
Notice of unregistered instrument not to affect duly registered.
259
DROIT
3 0 1G 10 LI.
No. 3 of 1844.
ANNO SEXTO ET SEPTIMO
VICTORIE REGINE.
BY His Excellency Sir HE NE POTUINGER, Baronet, Bright Grand Cross
Title.
Preamble that it is
of the Most Honorable Oder of the Bath, Major General in the Service of the East India Company, Governor and Commander in Chief of the Colony of Hongkong, and its Dependencies, and Superintendent of the Trade of Her Majesty's Subjects in China, with the advice of the Legislative Council of Hongkong.
Au Ordinance to provide for the Registration of deeds wills judgments and conveyances affecting real or immovable property in Hongkong.
129th February, 1844] WHEREAS it is expedient to prevent secret and fraudulent Conveyances desirable to facilitate in the Colony of Hongkong, and to provide menos whereby the title to real and the tracing of titles immoveable property may be casily traced and ascertained. Be it therefore to landed property. enacted by His Excellency, the Governor of Hongkong and its Dependencies, with the advice of the Legislative Council thereof, that from and after the passing of this Ordinance, the Land Office in the said Colony shall be a public office for the registration of deeds conveyances and other instruments wills and judgments in
Registry Office. manner hereinafter mentioned: and that all conveyances and other deeds, wills and devises and other instruments in writing, now or hereafter to be made or From the passing executed, and all judgments hereafter to be obtained, by which conveyances deeds instruments and other instruments in writing wills and judgments, any parcels of ground, ing land may be re- tenements or premises in Hongkong aforesaid or its dependencies now are, or shall gistered within the or may hereafter be affected may be entered and registered in the said Office in said Office. the manner hereinafter directed.
Establishment of a
of this Ordinance all affect.
Such instruments
2.--And be it further enacted that all such judgments and conveyances or to have priority ac instruments in writing obtained made or executed respectively after the passing cording to their res of this ordinance, and registered in pursuance hereof, shall have priority one over pective dates of Re- the other according to the priority of their respective dates of registration, and gistration, that all such judgments deeds conveyances or instruments in writing as last aforesaid, and all future devises which shall not be registered in pursuance of this ordinance shall (as against any subsequent bona fide purchaser or mortgagee of the same parcels of ground tenements or premises for valuable consideration) be absolutely null and void to all intents and purposes, Provided that nothing herein contained shall extend to bona fide leases at rack rent for any term not exceeding three years.
3.And be it enacted that no notice whatsoever, either actual or constructive, tered instrument not Notice of unregis. of any prior unregistered deed judgment will conveyance or instrument in writing, to affect instruments shall affect the priority of any such instrument as aforesaid as shall be duly duly registered. registered in pursuance of this Ordinance.
259
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