Lessons 3 & 4. Land Registration - Here and Beyond. Introduction

Lessons

3 & 4

Land Registration - Here and Beyond

With the knowledge built up from the first 2 lessons, students will now be introduced to the land registration systems in Hong Kong and other common law jurisdictions.

In Lesson 3, students will learn about how property transactions are conducted in Hong Kong and what goes on “behind the scenes” during these transactions. In the process, they will understand how Hong Kong’s land registration system operates; learn about the functions and work of the Land Registry; recognise the significance of the Land Registry’s work in promoting a secure, transparent and open property market for Hong Kong; and the benefits, rights and responsibilities of property owners, buyers and sellers under the current land registration system.

In Lesson 4, students will learn about the land registration systems of 3 overseas common law jurisdictions, namely England and Wales of the United Kingdom, New South Wales of Australia and Singapore. They will examine the general features of their land registration systems as well as their policies on conversion mechanism, rectification and indemnity arrangements, etc. Comparison on land registration systems will be made between Hong Kong and these jurisdictions, so that students will be able to have a deeper and wider understanding of the features of different land registration systems and their impact on the society. The knowledge they acquire will also help prepare them for the upcoming discussion in Lessons 5 & 6.

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Areas of learning

1. Quality of life

What are the political, economic, social and cultural benefits of a secure, transparent and open property market – as supported by the land registration systems in Hong Kong and other jurisdictions – for property owners, buyers, sellers and citizens?

2. Rule of law and socio-political participation

How are land registration systems implemented in Hong Kong and other jurisdictions? What are the functions of the land registration authorities in Hong Kong and other jurisdictions? How do the respective land registration systems help secure property transactions and support an open property market? What are the rights and responsibilities of individuals under respective land registration systems?

3. Identity

How do the land registration systems in Hong Kong and other jurisdictions reflect the identity and values of the people of these places?

Learning objectives

•

To learn about Hong Kong’s land registration system.

•

To understand how land registration is operated in Hong Kong, in particular the role, functions and responsibility of the Land Registry.

•

To recognise the land registration system’s contributions towards Hong Kong’s economic and social development, and the benefits they bring to Hong Kong’s citizens.

•

To learn about the information provided in Hong Kong’s land register and understand what it tells about a property.

•

To learn about the land registration systems of other common law jurisdictions, including England and Wales of the United Kingdom, New South Wales of Australia and Singapore, and compare them with Hong Kong’s system.

Teacher’s Guide

for Lesson 3

Class activity: Buying a property,

what needs to be done?

1

The teaching kit contains a sample land register

of a property in Taikoo Shing (the sample land register and its explanatory notes are both contained in the CD-ROM), alongside with information sheets on an overview of the whole process of purchasing a property and a flowchart showing the workflow of land registration. While the format of this sample land register is the same as what the Land Registry provides for all registered properties in Hong Kong, the information contained is customised to serve the purposes of the class activity. Photocopy and hand out the sample land register and the information sheets to the students.

2

The main focus of Lesson 3 is to understand, through the whole process of purchasing a property, what happens “behind the scenes” during property transactions, what the land register tells about the story of a property and the work, functions and contribution of the Land Registry in everyday context.

3

Walk through the process of purchasing a property with the students which begins with budgeting, contacting the estate agent, visiting properties, conducting land search in the Land Registry, signing a Provisional Agreement for Sale and Purchase, engaging

solicitors to ascertain the legitimacy of the deal, signing an Agreement for Sale and Purchase, obtaining mortgage, inspecting the property, signing an Assignment and completing the transaction.

4

Study the sample land register with the students, highlighting the importance of conducting searches of land records and the ways to read the land register before and after purchasing a property in order to understand the history of the property.

The meaning/fun fact of two Chinese jargons (釘契 and 踢契) – which students may have come across in news about property transactions – and how they may be reflected in the land register – as illustrated in the sample land register – can be highlighted and explained to students for stimulating their interest. It will also facilitate their understanding of the importance of registration of relevant documents with the Land Registry.

5

Explain to the students how the land register is prepared and maintained, including how the information is collected, organised and made available to the public. Walk through the flowchart on workflow of land registration and the work of the Land Registry, from receiving documents, updating the information in the

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Time allocation

• Class activity and discussion (10 mins) • Land registration in Hong Kong and the work

of the Land Registry (25 mins)

computer system after scrutiny, imaging and returning the registered documents to the lodging parties and making them available for public search with the students.

6

Highlight the significance of the work of the Land Registry, particularly the importance of ensuring information integrity and transparency during property transactions; and the political, economic, social and cultural benefits it brings to the people of Hong Kong. You may refresh the memory of students about the materials covered in Lessons 1 & 2 on how the land registration system in Hong Kong has evolved with the needs, aspirations and values of Hong Kong people.

7

You may refer to the ways of learning to read a land register and the common Chinese jargons used by the practitioners in the property market and draw the students’ attention whenever necessary. For additional reference, you may refer to the major statistics of the Land Registry contained in the CD-ROM. The statistics are generally regarded as a key indicator of the level of activity of the property market.

Information Sheets for Lesson 3

Buying a property,

what needs to be done?

This property in Taikoo Shing looks good! Is it the right time

to consider buying an apartment there? Buying a property is

indeed a big investment in one’s life. Do you have any ideas

on the steps involved?

1

Begin with budgeting

• Identify prospective properties.

• Calculate all the costs involved including price of the property, deposits to be paid, estate agent’s commission, solicitors’ fees, mortgage charges and interests, stamp duty, property insurance, management fees, rates, etc.

• Assess your financial position.

2

Contact an estate agent

• Ask a licensed estate agent to recommend properties that match with your budget and criteria.

• Sign an agreement with the agent to define the client-agent relationship and protect both parties’ interests. (For details on the prescribed forms of agreement, please visit the website of the Estate Agents Authority1_.)

• Obtain detailed information about the properties.

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Conduct land search in the

Land Registry

• Obtain the land register of the property from the Land Registry to learn about the details of the property, including its history of ownership and other interests and any registered land documents which may have an adverse impact on the rights of the owner.

3

Visit prospective properties

• Visit the properties in person.

• Look around the environment of the properties. • Pay attention to any potential development or

re-development in the vicinity that may affect the property you are considering.

• Observe and enquire whether the property has any inherent problems (e.g. unauthorised additions or alterations to the property, persons other than the registered owner residing in the property that may own beneficial interest in the property, possible maintenance or repair works needed, etc.).

You may have heard of the two common Chinese jargons used by practitioners in the property market as shown below. Do you know what they mean?

What is “踢契” (Buyer refuses to complete the transaction)?

This refers to the situation where the buyer refuses to complete the transaction after signing the provisional or formal Agreement for Sale and Purchase.

It usually occurs when crucial information is being withheld during the transaction process that the buyer feels that he has been deceived (e.g. the seller is not the true owner, title defects, unauthorised building works which the seller has not informed the buyer and the buyer is unaware of; or, in some particular cases, depending on the provisions in the signed agreement, even the seller hiding the information that somebody has died in the flat because of an accident, murder and suicide, etc., and the flat is termed as “兇宅” in property market.).

If the buyer’s claims are substantiated, the seller will be required to refund the deposit to the buyer and, depending on the provisions contained in the signed agreement(s), may be sued for compensation.

What is “釘契” (Property has been registered with documents which may render it difficult for the property owner to sell the property)?

This refers to the situation where the property owner may be forbidden/limited in power to dispose/deal with his property when certain kinds of documents such as Court Orders, Charging Orders, Building Orders on removal of unauthorised building works/illegal structure, Memorandum of outstanding management fees, etc., have been registered against the property.

Under this situation, even if an agreement for sale and purchase has been signed between the buyer and the owner, depending on the provisions of the signed document, the intended buyer may also refuse to complete the transaction. A prospective buyer will no longer regard the property “good and marketable” and the owner will have difficulty to dispose of his property.

Fun

Facts

Learn to read a land register

• Under “Property Particulars”, observe: - the address and lot number of the property; - the land grant document of the property; - the lease term of the land on which the

property stands; - the share of the lot.

• Under “Owner Particulars”, observe: - the current owners and previous owners. • Under “Incumbrances”, observe, if there is any: - Government order for removal of

unauthorised building works; - unpaid property management fees;

- maintenance and repair works of the building concerned;

- mortgage over the flat that has not yet been discharged; or

- lawsuit concerning the flat.

• Under “Deeds Pending Registration”, observe: - whether there are any deeds being

withheld or pending for registration that may affect registration of subsequent transactions.

5

Sign the Provisional

Agreement for Sale and Purchase

• Once you have decided to buy the property, the estate agent will provide you with a Provisional Agreement for Sale and Purchase to sign.

• Pay the deposit upon signing the provisional agreement.

6

Engage solicitors to

ascertain the

legitimacy of the deal

• Engage a solicitor to protect your interest by performing a historical check on the property to ascertain its title (e.g. by studying the property’s historical deeds for no less than the past 15 years to ascertain that the title is clean and clear and that there are no unregistered interests that may affect current seller’s title to the property), and make sure that the transactions are orderly conducted and the related land documents are properly prepared and executed.

7

Obtain mortgage

• Obtain mortgage from a bank or a financial institution to finance your purchase, if necessary.

• Select the bank that suits your needs as different banks offer different property valuations, amounts of mortgage loan, repayment terms and schedules, interest rates, early redemption policies and penalties, handling fees, legal fees, etc.

8

Sign the Agreement

for Sale and Purchase

• Sign the formal Agreement for Sale and Purchase on or before the date specified in the Provisional Agreement, if applicable. • A formal sale and purchase agreement

should be drafted by a solicitor based on the provisional agreement. It contains terms that are more detailed and is intended to replace the provisional agreement. You can include any special conditions you have agreed with the seller as long as they do not violate any relevant ordinances or contradict the terms of the provisional sale and purchase agreement3_.

• Pay a further deposit.

• Pay stamp duty (or apply for deferment for payment) within 30 days after signing the Agreement.

Quick

Reference

Provisional Agreement for Sale and Purchase

A Provisional Agreement for Sale and Purchase is a legally binding contract that establishes the seller’s and the buyer’s intention to complete the sale. It must be fully obeyed by the parties involved. If the formal sale and purchase agreement cannot be signed, the parties can rely on the provisional agreement to proceed with the deal or to sue for compensation2_{. In order for the}

provisional agreement to be effective, it must include some of the basic particulars and terms and conditions of the deal, such as the particulars of the seller and purchaser, the address and price of the property, amount of initial and further deposit, when to sign the formal agreement, the completion date, etc.

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Present the

Assignment and Mortgage for

registration at the Land Registry

• Present the Assignment and Mortgage

for registration at the Land Registry. The registration process is set out in the “Flowchart on registration procedures”.

10

Inspect the property

• Inspect the property again before completing the transaction.

• Engage a professional to inspect it for you if necessary (e.g. no water seepage, no loose flooring, etc.).

• Ensure that any problems agreed to be fixed are done before you complete the transaction.

11

Complete the transaction

and sign the Assignment

and Mortgage

• Sign an Assignment with the seller and a Mortgage with the bank.

• Pay the balance of the purchase price to the seller.

• The transaction is then completed.

9

Present the

Agreement for Sale and

Purchase for registration at the

Land Registry

• Present the Agreement for Sale and Purchase for registration at the Land Registry. The registration process is set out in the “Flowchart on registration procedures” (see page 44).

Deed registration process

4

• The documents, the corresponding memorials, the lodgement list and registration fee should be presented to the lodgement counter at the Land Registry.

• Upon receiving all the above, the lodgement counter staff will enter the lodgement particulars into the computer system.

• A receipt showing all the memorial numbers allotted by the computer system for the documents lodged and the registration fee paid will be issued to the lodging party.

• The solicitors’ firm handling the property transaction will prepare the necessary documents for registration.

• Each document should be accompanied by a memorial, which contains the essential particulars of the document.

• The memorials should be verified and certified by a solicitor.

• E a c h b a t c h o f d o c u m e n t s s h o u l d b e accompanied by a lodgement list showing the proper sequence of documents to be lodged.

Preparation by

lodging party

Lodgement of

documents

Step

2

Step

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• The Land Registry will check to ensure that: - The documents affect land and are registrable. - The information contained in the memorials is

accurate and complete.

- The requirements under the Land Registration Ordinance and the Land Registration Regulations are met.

• The land registers will then be updated and the images of the memorials and the documents will be kept in the computer system for public search. • The particulars contained in the memorials

will be entered into the computer system on the same day of receipt.

• The computer system will then generate a Memorial Day Book containing all the memorials in regular succession on the next day for inspection by the public.

Data entry of

information of the

documents

Scrutiny and

registration of

documents

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Prepare, certify and deliver the documents and memorials for registration

Check and receive registration fees, lodgement list, documents and memorials

Assign memorial numbers by the computer system and print receipt

Input the information of the memorials into the

“Integrated Registration Information System” Generate Memorial Day Book

Scrutinise the documents and memorials with reference to the land register

Update the land register Raise questions and stop the documents from registration

Stick certification labels with the printed signature of the Land Registrar on the

registered documents

Image the “stopped” documents

Image the registered documents

Return the

“stopped” documents to the lodging solicitors’ firm

Return the registered documents to the lodging solicitors’ firm

Amend and re-deliver the documents to the Land Registry

Solicitors’ Firm The Land Registry

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What are the benefits of

registering a document in the

Land Registry to me?

5

• At present, Hong Kong is operating a deeds registration system. Registration of a document gives it priority over unregistered documents and other documents registered after it but does not give the document any validity it does not already have (maybe the title to the property).

• Through registration, your interest in the property is put on notice to any person who is interested in the property.

• Any persons subsequently dealing with the property will be bound by the registered documents.

• Unregistered documents will lose priority and may in some cases be rendered void.

• For persons interested in a property, such as a purchaser or mortgagee bank, they can easily obtain information related to the property from the relevant land register. They can also check and verify all registered land documents affecting that property with the assistance from solicitors before making their decisions in dealing with the property.

What are the main functions of

the Land Registry?

6

The Land Registry’s main functions are to:

• administer a land registration system by maintaining an up-to-date land register and related land records under the Land Registration Ordinance (Cap. 128) and its regulations;

• provide the public with facilities for search of the land register and other land records; and

• process applications for incorporation of owners under the Building Management Ordinance (Cap. 344).

Value of the Land Registry to

Hong Kong

7

• The Land Registry maintains a public land register for recording interests in land and real property. This public land register provides the means whereby the title to real and immovable property may be easily traced and ascertained and secret or fraudulent conveyancing can be avoided. The assurance that it gives about the ownership of property encourages investment and supports economic development.

Quick

Reference

Priority

The date of registration denotes priority. It means that subject to the Land Registration Ordinance, the interests of the person who has the document duly registered first will be considered before subsequent registrants.

Some interesting figures

8

Around six million searches

of registered information

took place in 2011/12.

Over half of all

Hong Kong families

are registered

property owners.

Registered

information traces

back to 1844 –

providing resources

on the economic and

social history of

Hong Kong.

As at 2011/12, banks

and financial institutions

loan about HK$1,750

billion against the

security of registered

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Bibliography

On the overview of property purchase procedures:

• Community Legal Information Centre, The estate agents’ services (with

an overview of the sale and purchase procedures), “An overview of the

procedures for sale and purchase of property”,

http://www.hkclic.org/en/topics/saleAndPurchaseOfProperty/the_ estate_agents_services/index.shtml

• Estate Agents Authority, Guide to Purchasing Properties, http://www.eaa.org.hk/consumers/doc/property.pdf

• Hong Kong Special Administrative Region Government, GovHK:

Buying a Domestic Property,

http://www.gov.hk/en/residents/housing/private/buying/ buyingDomesticProperty.htm

• Hong Kong Special Administrative Region Government, GovHK:

Selling a Domestic Property,

http://www.gov.hk/en/residents/housing/private/buying/ sellingDomesticProperty.htm

• Radio Television Hong Kong, “Stories of Our Land”, Episode 10, http://www.etvonline.tv/tc/digitalplay.html?video=sol09-0010

References

1. Estate Agents Authority, Prescribed forms,

http://www.eaa.org.hk/Compliance/Prescribedforms/tabid/102/ language/en-US/Default.aspx

2. Hong Kong Special Administrative Region Government, GovHK: Selling

a Domestic Property, “Signing Provisional and Formal Agreement”,

http://www.gov.hk/en/residents/housing/private/buying/ sellingDomesticProperty.htm

3. Hong Kong Special Administrative Region Government, GovHK: Selling

a Domestic Property, “Signing Provisional and Formal Agreement”,

http://www.gov.hk/en/residents/housing/private/buying/ sellingDomesticProperty.htm

4. The Land Registry, Deeds Registration, “Deed Registration Process”, http://www.landreg.gov.hk/en/services/services_a.htm

5. The Land Registry, Deeds Registration, “What are the benefits of registering a document in the Land Registry to me?”,

http://www.landreg.gov.hk/en/services/services_a.htm

6. The Land Registry, The Land Registry Trading Fund Annual Report

2011-12, P.19

7. The Land Registry, Land Registry Background, “Value of the Land Registry”, http://www.landreg.gov.hk/en/about/lrback.htm

8. The Land Registry, The Land Registry Trading Fund Annual Report

2011-12, P.19

Suggested key issues to think about

On Quality of life:

• How does the purchase of a property affect the quality of life of Hong Kong people?

• Which aspects of the quality of life of Hong Kong people are affected by the mortgage of properties?

• What role does land registration play in our quality of life? • How important is a secure land registration system to

the quality of life of Hong Kong people?

On Rule of law and socio-political participation:

• How does the land registration system promote the rule of law in Hong Kong?

• Does the present land registration system offer sufficient security to the property? How does this system work to achieve this objective?

• What are the political, economic, social and cultural implications of the loans, amounting to about HK$1,750 billion, which were made from the banks and financial institutions in 2011/12 against the security of registered land and property?

• Why are land registers one of the sources for learning the economic and social history of Hong Kong?

• How important is the current land registration system in protecting consumer rights in property transactions?

• Which is more important: making land records available for public search or protection of personal data privacy? And why?

On Identity:

• How does the current land registration system reflect the identity and sense of belonging of Hong Kong people from the perspectives of political, economic, social and cultural development in the 21st century?

Teacher’s Guide

for Lesson 4

Class activity: Land Registration

in Hong Kong and other

common law jurisdictions

1

The teaching kit contains information sheets

listing the general features of the land registration systems operated in Hong Kong and 3 other common law jurisdictions, namely England and Wales of the United Kingdom, New South Wales of Australia and Singapore. Photocopy and hand out the information sheets to the students.

2

The 3 jurisdictions under study operate the title registration system, which differs from Hong Kong’s deeds registration system. It is suggested to briefly go over the key features of the 2 systems with the students, so that they can have a better grasp of the basic concepts of title registration.

3

Then, study the information sheets on the general features of the land registration systems adopted in Hong Kong and the 3 jurisdictions together in greater detail.

4

Compare the main features of Hong Kong’s current deeds registration system with the title registration systems of the overseas countries. The major areas of comparison can include: the efficiency of the land registration system; the work involved in establishing and ascertaining title to property; the potential cost and complications in conveyancing; and the rights and responsibilities of property buyers

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Time allocation

• Land registration systems in other common law jurisdictions, namely England and Wales of the United Kingdom, New South Wales of Australia and Singapore (20 mins)

• Comparison between land registration systems of other jurisdictions and Hong Kong (15 mins)

and owners. Ask the students to present their views/observations. Encourage the students to express their preference on adopting the deeds registration system or title registration system with justifications. The activity is intended to provide students with a more comprehensive understanding of different land registration systems.

The Land Registry is responsible for the land registration work in Hong Kong

5

To prepare the students for the stakeholders’ debate in Lessons 5 & 6, briefly introduce the basic concepts of the 3 major elements under the Land Titles Ordinance (Cap. 585) (LTO): conversion mechanism, rectification and indemnity arrangements. You may make reference to the ways these elements are being implemented in the overseas jurisdictions.

Information Sheets for Lesson 4

Features of the deeds

registration system and

title registration system

While Hong Kong operates a deeds registration system, many

other common law jurisdictions adopt another type of land

registration system called the title registration system. Let us

take a look at the key features of these systems to understand

their differences.

Features of the deeds registration system

operated in Hong Kong

• the land register is only an index of the registered documents;

• a person registered in the land register as owner of a property may not be the true owner as defects in his title may be revealed on title investigation; • the property may be subject to unregistered interests; and

• the solicitors need to ascertain ownership of the property by checking title deeds of no less than 15 years from the present transaction.

Features of the title registration system

implemented in other common law jurisdictions

• the title register is conclusive evidence of title to the property (i.e. the registered property owner is the title owner);

• it is no longer necessary to look behind the title register and review the historical deeds to ascertain title as required under the deeds registration system; and

• it provides better assurance of title and greater security to property interests, and simplifies conveyancing procedures.

Quick

Reference

Conveyancing

It is a branch of law that deals with the legal transfer of ownership of property from one person to another.

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A. Background information

B. Information relating to property ownership

under the primary land registration system

Features of land registration systems

in Hong Kong and 3 other common law

jurisdictions

Hong Kong

Hong Kong

England & Wales, The United Kingdom

England & Wales, The United Kingdom

New South Wales, Australia

New South Wales, Australia Singapore Singapore Primary land registration system Registration and its effect

Deeds registration system

Registration as owner does not

confer title.

Title registration system

“Torrens Title” system (Title

registration) Land Titles System

Commencement of the existing land registration system How is title to property ascertained? 1844

Title is derived from the title documents

(e.g. deeds).

1862 1863 1960

Organisation in charge of

registration The Land Registry

Her Majesty’s Land Registry

Land and Property Information, a division under the Department of Finance & Services

Singapore Land Authority

Registration as owner confers title to the land.

C. Registration procedures

Registration and conveyancing procedures • Conveyancing solicitor has to check previous deeds for not less than 15 years relating to the property to ascertain title. • Liability is not limited to deeds registered within the previous 15 years. • Title checking of deeds is complex and the buyer will request the seller to provide additional documents and clarifications in case of any problems about the title. Issuance of title

certificate Not applicable No Yes Yes

Registration fee Indemnity for loss of ownership due to fraud case Yes Not applicable Yes

Yes. Portion of the annual registration

fee has been set aside for the indemnity scheme. Yes Yes. A Torrens Assurance Fund is established as Special Deposits Account to provide compensation for anyone who has lost

his ownership in the property due to fraud

or error or omission in the title register.

Yes

No It is not necessary to review the old title deeds as title can easily be established.

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From deeds registration

to title registration

To prepare for changing the current deeds registration system of Hong Kong to a new title registration system in order to give greater security to property interests and simplify conveyancing, the Land Titles Ordinance (LTO) was enacted in 2004. The 2004 Ordinance will come into operation after an amendment bill is passed to implement all necessary amendment proposals resulting from the post-enactment review of the Ordinance (see Lesson 5). Both the post-enactment review and the preparation of the Land Titles (Amendment) Bill are currently underway in parallel.

The post-enactment review of the Ordinance has identified a number of issues under the LTO for further deliberation. Let us focus on 3 major elements: conversion mechanism, rectification and indemnity arrangements.

Conversion Mechanism

The conversion mechanism is the means to bring existing land and properties to which the Land Registration Ordinance currently applies over to the title register. Should all properties be converted all at once? Or should they be converted gradually, so that title issues that may be identified during the conversion process can be resolved?

Rectification

Rectification refers to how the legally authoritative title register can be put right if it is found to be in error. It includes dealing with whether to restore an innocent former owner’s title to a property if he has lost it as a result of fraud.

Indemnity

Indemnity is the compensation that will be paid to an innocent party if he suffers loss due to an error in the title register which results in the loss of ownership of a property (for example, when title to the property cannot be restored).

Before learning about the concerns of the Government and the major stakeholders on these major elements and their implications in the next lessons, let us draw reference from the ways in which these elements are being dealt with in the 3 common law jurisdictions that we examined earlier.

A comparison of how the

3 major elements are implemented

in the 3 jurisdictions

England & Wales,

The United Kingdom New South Wales, Australia Singapore

Conversion Mechanism

Gradual conversion by area and upon registration of certain

transactions.

• Gradual conversion. • By voluntary

application or upon the Registrar’s own initiative in certain transactions.

• Gradual conversion. • By voluntary

application or upon the Registrar’s own initiative in certain transactions.

Power of

Rectification of the title register

The Land Registrar

and the Court. The Registrar General and the Court. The Registrar and the Court.

Protection for Innocent Former Owner and Innocent Purchaser in case of Fraud

• Innocent former owner may claim indemnity if the court does not rectify title in his favour. • Innocent purchaser

who is living in the property concerned enjoys indefeasible title unless the court has rectified the register to restore the title of the innocent former owner.

• Innocent former owner may claim against the Torrens Assurance Fund.

• Innocent purchaser who has purchased the property at market value enjoys indefeasible title.

• Innocent former owner may claim against the fraudster or apply for

rectification of land register by the court. • Innocent purchaser

enjoys indefeasible title.

Indemnity Arrangement for Fraud Cases

Indemnity payment

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Bibliography

• Bills Committee on Land Titles Bill, Comparison between Proposed Land

Titles Registration System for Hong Kong and other Jurisdictions [LC

Paper No. CB(1)1464/02-03(05)] (April 2003),

http://www.legco.gov.hk/yr02-03/english/bc/bc03/papers/ bc030423cb1-1464-5e.pdf

• Bills Committee on Land Titles Bill, Comparison between Proposed

Land Titles Registration System for Hong Kong and other Jurisdictions – Supplementary Paper [LC Paper No. CB(1)2305/02-03(03)] (July 2003),

http://www.legco.gov.hk/yr02-03/english/bc/bc03/papers/ bc030731cb1-2305-3e.pdf

• Legislative Council Panel on Development, Amendments to Land Titles

Ordinance [LC Paper No. CB(1)396/08-09(06)] (December 2008),

http://www.legco.gov.hk/yr08-09/english/panels/dev/papers/ dev1219cb1-396-6-e.pdf

• Legislative Council Panel on Development and Panel on Administration of Justice and Legal Services, Joint Subcommittee on Amendments to Land Titles Ordinance, Evaluation of Options for Conversion and

Rectification Arrangements under Land Titles Ordinance [LC Paper No.

CB(1)1870/08-09(01)] (June 2009),

http://www.legco.gov.hk/yr08-09/english/panels/lto/papers/ lto0616cb1-1870-1-e.pdf

England and Wales, the United Kingdom

• Her Majesty’s Land Registry, http://www.landregistry.gov.uk

Hong Kong

• The Land Registry, http://www.landreg.gov.hk

New South Wales of Australia

• Land and Property Information, http://www.lpi.nsw.gov.au

Singapore

• Singapore Land Authority,

http://www.sla.gov.sg/htm/hom/index.htm

Suggested key issues to think about

On Quality of life:

• By comparing the land registration system of Hong Kong with those of the 3 overseas jurisdictions, in what areas are we more/less advanced in promoting the quality of life of our citizens?

On Rule of law and socio-political participation:

• What are the pros and cons of the land registration systems of the 3 overseas jurisdictions? How can Hong Kong draw reference from them to enhance the land registration system in Hong Kong?

• What are the rights and responsibilities of individuals under the respective current land registration systems?

On Identity:

• How do the respective current land registration systems reflect the identity and values of people?