Registrar-Generals-Department-Annual-report-1962-1963 — Page 12

in the Central Government Offices early in 1963-64, it was decided to accept the congestion for a further year, and to alleviate the situation the Department's Library was with great reluctance, it being the staff recreation room, converted into temporary offices.

Functions

PART II

LAND OFFICE

16. The Land Office is responsible for the registration of instruments affecting land, the settling and registration of Conditions of Sale, Grant and Exchange of Crown land, the issue, renewal, variation and termina- tion of Crown leases, the granting of Mining Leases, and advising the Government generally on matters relating to land.

Deeds Registration

17. Under the Land Registration Ordinance (Cap. 128) the Land Office is responsible for the registration of deeds and other instruments relating to land in Hong Kong, Kowloon, portions of New Kowloon, and a few lots in the New Territories which have been exempted from the provisions of Part II of the New Territories Ordinance (Cap. 97). The Ordinance provides that all such deeds, etc., so registered shall have priority according to the priority of their respective dates of registration, and that with the exception of bona fide leases at rack rents for any term not exceeding three years, all such deeds, etc., which are not registered shall, as against any subsequent bona fide purchaser or mortgagee for valuable consideration, be absolutely null and void. No notice, actual or constructive, of any prior unregistered instrument affects the priority of any duly registered instrument. Where, however, deeds, etc. are registered within one month of execution, if executed in the Colony, or, if executed elsewhere, within twelve months of execution, they take priority according to the respective dates thereof. Legally the system is one of registration of deeds and not of title; but in view of the above provisions instruments relating to land are always registered promptly after execution, and the Land Registers show the devolution of title to each property and all incumbrances on it. The result is that in practice the system is regarded as virtually equivalent to registration of title.

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