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Ord. No. 56/80
Short title and
commencement.
Amendment of
long title.
(Cap. 128.)
Amendment of section 2.
Amendment of
section 3.
Repeal of
LAND REGISTRATION (AMENDMENT)
L.S.
HONG KONG
No. 56 OF 1980
I assent.
JACK CATER,
Acting Governor.
7 August 1980.
An Ordinance to amend the Land Registration Ordinance.
[
]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1.
This Ordinance may be cited as the Land Registration (Amend- ment) Ordinance 1980 and shall come into operation on a day to be appointed by the Governor by notice in the Gazette.
2.
The long title to the principal Ordinance is deleted and replaced by the following-
"To provide for the registration of deeds, conveyances, wills, judg- ments and other instruments affecting real or immovable property, the keeping of Land Office records, and for other matters relating to land registration.”.
3.
Section 2(1) of the principal Ordinance is amended by deleting "manner hereinafter directed" and substituting the following-
4.
"prescribed manner”.
Section 3(1) of the principal Ordinance is amended by inserting after "registration" the following—
", which dates shall be determined in accordance with regulations made under this Ordinance".
5. Sections 6, 7, 8, 9, 10, 11, 12 and 13 of the principal Ordinance
sections 6, 7, 8. and the heading thereto are repealed.
9, 10, 11, 12
and 13.
Repeal and
replacement of
section 23.
6.
Section 23 of the principal Ordinance is repealed and replaced by the following-
"Obligation
of Land Officer to register.
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 if, he is satisfied that—
(a) the deed, conveyance or other instrument in writing, or will or judgment, may be, 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 been complied with; and
*
LAND REGISTRATION (AMENDMENT)
Liability of Land Officer and others.
7.
(c) the prescribed fees have been paid.
Ord. No. 56/80
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23A. If the Land Officer or any other person employed in 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 or judgment, which does not affect any parcels of ground, tenements or premises 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-
(i) was not authorized by or under this Ordin- ance; and
(ii) was done negligently or with intent to cause such damage, loss or destruction.".
Section 24 of the principal Ordinance is repealed and replaced Repeal and
replacement of by the following—
section 24.
"Dishonest
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 conceals-
of memorials
and other documents.
(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
Land Office, or any part thereof or any microfilm or other record thereof,
commits an offence and is liable on conviction upon indict- ment to imprisonment for 14 years.".
8.
Section 25 of the principal Ordinance is repealed.
9.
Repeal of section 25.
The principal Ordinance is amended by adding, after section 26, Addition of
the following-
"Copies of
documents etc. admissible
in evidence.
26A. (1) A document purporting to be a copy, print or extract-
(a) of or from—
(i) any memorial or any deed, conveyance or other instrument in writing, or will or judgment, belonging to, or filed or deposited in, the Land Office, or any part thereof or endorsement thereon or any microfilm or other record thereof; or
(ii) any register, book, index, receipt, docket or other document belonging to, or filed or deposited
section 26A.
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