1964_LAND_REGISTRATION_ORDINANCE — Page 11

Land Registration

[1986 Ed.

(56 of 1980.) [*8.6.81]

Saving in respect of New

Territories Land Offices, etc.

(56 of 1980.) [*8.6.81.]

First Schedule.

Second Schedule.

(Cap. 97.)

(b) the registration of any such deed, conveyance or other instrument in writing, or will or judgment, registered prior to the date* of commencement of the Land Registration (Amendment) Ordinance 1980, shall not be affected.

(Added, 56 of 1980, s. 10)

30. (1) Notwithstanding anything contained in this Ordinance, sections 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 25 and the Schedule in force immediately before the date* of commencement of the Land Registration (Amendment) Ordinance 1980 and which are set out for convenience in the First Schedule shall continue to apply to the registration of deeds, conveyances, wills, judgments and other instruments affecting real or immovable property in-

(a) any office specified in the Second Schedule; and

(b) any place approved under section 11 of the New Territories Ordinance,

and a reference in any enactment to a section of this Ordinance referred to in this subsection shall be construed accordingly.

(2) The Governor in Council may, by order published in the Gazette, amend the Second Schedule.

(Added, 56 of 1980, s. 10)

FIRST SCHEDULE

[s. 30.]

Establishment of Land Office for registration

of instruments

affecting land.

Priority of registered instruments; effect of non-registration.

Delivery into Land

Office of memorial of instrument to be registered.

PROVISIONS OF THE ORDINANCE IN FORCE IMMEDIATELY BEFORE THE DATE OF COMMENCEMENT OF THE LAND REGISTRATION (AMENDMENT) ORDINANCE 1980 WHICH SHALL CONTINUE TO APPLY IN THE CIRCUMSTANCES SET OUT IN SECTION 30

2. (1) The Land Office shall be a public office for the registration of deeds, conveyances, and other instruments in writing, and wills and judgments; and all deeds, conveyances, and other instruments in writing, and wills and all judgments, by which deeds, conveyances, and other instruments in writing, and wills and judgments, any parcels of ground, tenements, or premises in the Colony may be affected, may be entered and registered in the said office in the manner hereinafter directed.

(2) For the purpose of this Ordinance, "judgments" includes judgments and orders both of the High Court and of the District Court.

3. (1) Subject to this Ordinance, all such deeds, conveyances, and other instruments in writing, and wills and judgments, made, executed, or obtained, and registered in pursuance hereof, shall have priority one over the other according to the priority of their respective dates of registration.

(2) All such deeds, conveyances, and other instruments in writing, and wills and judgments, as last aforesaid, which are not registered shall, as against any subsequent bona fide purchaser or mortgagee for valuable consideration of the same parcels of ground, tenements, or premises, 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 3 years.

6. The registration intended by this Ordinance shall be made in manner following, that is to say, a memorial containing the particulars hereinafter specified shall be delivered into the Land Office, signed, in the case of a deed, conveyance, or other instrument in writing, except a will, by some or one of the parties to the original instrument, or, if such parties are dead or absent from the Colony, then by one or more of the witnesses to such instrument, and in the case of a will by some or one of the devisees or his guardian or trustees, and in the case of a judgment by a party to the action in which such judgment is delivered or by his agent or by a person claiming under or through such party.