Cap 585 s 2 Interpretation (LAND TITLES ORDINANCE)

Contents of Section

Chapter:	585	Title:	LAND TITLES ORDINANCE	Gazette Number:
Section:	2	Heading:	Interpretation	Version Date:

Remarks:

not yet in operation

(1) In this Ordinance, unless the context otherwise requires—
"application" (申請), in relation to the registration of any matter, means an application in the specified form;
"applications register" (申請註冊紀錄) means the applications register kept under section 5;
"appointed day" (指定日期) means the day appointed under section 1(2) for the commencement of section 21;
"authorized land surveyor" (認可土地測量師) has the meaning assigned to it by section 2 of the Land Survey Ordinance (Cap 473);
"charge" (押記) means—

(a) a legal charge within the meaning of section 2 of the Conveyancing and Property Ordinance (Cap 219); or

(b) a mortgage of an equitable interest over land but excluding any mortgage of an interest which is only capable of being protected by a consent caution or non-consent caution;

"chargee" (承押記人) means the owner of a charge;
"charging order" (押記令) means an order of any court of competent jurisdiction imposing on registered land, or a registered long term lease, specified in the order a charge for securing the payment of any money due or to become due under a judgment or order of the court;
"chargor" (押記人) means the owner of registered land, or the lessee of a registered long term lease, which is subject to a charge;
"company" (公司) means a body corporate—

(a) incorporated under the Companies Ordinance (Cap 32);

(b) incorporated under any other enactment; or

and includes an unregistered company within the meaning of Part X of the Companies Ordinance (Cap 32);

"consent caution" (同意警告書) means a caution referred to in section 71(1) and (3);
"Court" (法庭) means the Court of First Instance;
"current" (當時有效), in relation to any matter, means the matter has not ceased to have effect;
"date of first registration" (首次註冊日期) means—

(a) in relation to registered land, the date determined in accordance with section 22 of this Ordinance or section 3 of Schedule 1, whichever is applicable; and

(b) in relation to a registered long term lease, the date determined in accordance with section 49(5) of this Ordinance or section 6 of Schedule 1, whichever is applicable;

"dealing" (交易) means a disposition or transmission;
"disposition" (處置) means an act by the owner of registered land or a registered charge, or the lessee of a registered long term lease, whereby his rights in or over the land, charge or lease, as the case may be, are affected, but does not include—

(a) an agreement to transfer;

(b) an agreement to charge;

(d) an agreement to grant an easement,

and "dispose", "disposal" and "disposed" (

處置

) shall be construed accordingly;

"document" (文件) includes, in addition to a document in writing—

(a) a map, plan or drawing;

(b) a disc, tape or other device in which data other than visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced from the disc, tape or other device; and

(c) a film, tape or other device in which visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced from the film, tape or other device;

"entry" (記項), in relation to the Title Register, means a note, notice or other entry in the Title Register; and "enter" and "entered" (記入) shall be construed accordingly;
"fraud" (欺詐) includes dishonesty and forgery;
"image record" (影像紀錄) means a record produced using the imaging method and, where the context permits, includes a record in a legible form;
"imaging method" (影像處理方法) means a method by which documents in a legible form or in the form of microfilm are scanned by a scanner and the information recorded therein is converted into electronic images, which are then stored on electronic storage media capable of being retrieved and reproduced in a legible form;
"inhibition" (制止令) means an order made under section 75(1);
"instrument" (文書) includes—

(a) a deed, conveyance, judgment, decree, order or other document which is—

(i) required to support, or is capable of supporting, an application for registration; or

(ii) specified in any other enactment as a document which shall or may support an application for registration under this Ordinance (or words to the like effect); and

(b) a memorial which supports a current entry in the Title Register,

but does not include a will except a will which is the subject of a memorial referred to in paragraph (b);

"land" (土地) includes—

(a) land covered by water; and

(b) a thing attached to land or permanently fastened to a thing attached to land,

but does not include an interest in or over land other than—

(d) such an interest vested in a person by virtue of the operation of section 23, 25(1) or 26(1) of this Ordinance or section 4 or 7 of Schedule 1;

"land boundary plan" (土地界線圖) has the meaning assigned to it by section 2 of the Land Survey Ordinance (Cap 473);
"Land Registry" (土地註冊處) means the Land Registry of the Government of the Hong Kong Special Administrative Region which is administered by the Registrar;
"Land Titles Indemnity Fund" (土地業權彌償基金) means the indemnity fund established pursuant to section 90;
"lease" (租契) includes an agreement for a lease and a tenancy but does not include a Government lease;
"lessee" (承租人) means—

(a) in relation to a registered long term lease, the person named in the Title Register as the lessee of the lease; and

(b) in relation to any other lease, the lessee of the lease;

"liquidator" (清盤人) has the meaning assigned to it by section 2(1) of the Companies Ordinance (Cap 32);
"lis pendens" (待決案件) means—

(a) any action or proceeding pending in any court or tribunal that relates to land or any interest in or charge on land; or

(b) a bankruptcy petition;

"long term lease" (長期租契) means a lease—

(a) granted by—

(i) subject to subparagraph (ii), the owner of registered land;

(ii) if the lease was granted before the land became registered land under this Ordinance, the owner of the land at the time of the grant,

of the right to exclusive possession of the land for a term of not less than 21 years;

(b) not at rack rent; and

but does not include any lease the unexpired term of which is less than 21 years at the time it is registered;

"lot" (地段) includes a section and subsection of a lot;
"lot number" (地段編號) means—

(a) in the case of a lot, the designation and number by which the lot is described in the Government lease under which it is held from the Government; and

(b) in the case of a section or subsection of a lot, the designation and number by which the section or subsection, as the case may be, is described in the instrument by which it came into existence as such;

"matter" (事項) means the subject of any application delivered for registration;
"memorial" (註冊摘要) means a memorial registered under the Land Registration Ordinance (Cap 128);
"mortgage" (按揭) means a security over land for securing money or money's worth;
"non-consent caution" (非同意警告書) means a caution referred to in section 71(4), (6) and (13);
"overriding interest" (凌駕性權益) means an interest referred to in section 28(1);
"owner" (擁有人) means—

(a) in relation to registered land, the person (including, in respect of registered land to which Part II of the New Territories Ordinance (Cap 97) applies, any clan, family or t'ong) named in the Title Register as—

(i) the owner, lessee or holder (or words to the like effect) of a Government lease of the land; or

(ii) the owner or holder (or words to the like effect) of an undivided share in the land; and

(b) in relation to a registered charge, the person named in the Title Register as the person in whose favour the charge is made;

"personal representative" (遺產代理人) means—

(a) the executor of the will; or

(b) the administrator of the estate,

of the deceased owner of registered land or a registered charge, or the deceased lessee of a registered long term lease;

"present" (呈遞) includes produce, deliver and lodge;
"record" (紀錄) includes not only a written record but a record conveying information or instructions by any other means;
"register" (註冊), when used as a verb, means to make, remove, alter or add to an entry in the Title Register, but does not include to make, remove, alter or add to an entry in the Title Register to the extent that the entry denotes, in the case of the presentation of an application for the registration of a matter, that registration is pending or withheld in respect of the matter; and "registered" (註冊), "unregistered" (未經註冊) and "registration" (註冊) shall be construed accordingly;
"registered charge" (註冊押記) means a charge registered in respect of registered land or a registered long term lease under section 37;
"registered land" (註冊土地) means—

(a) land—

(i) held under a Government lease; and

(ii) the title to which is registered under section 21; and

(b) land deemed to be registered land under section 2 of Schedule 1;

"registered long term lease" (註冊長期租契) means—

(a) a long term lease registered under section 49; and

(b) a lease deemed to be a registered long term lease under section 5 of Schedule 1;

"registered matter" (註冊事項) does not include any matter which has ceased to have any effect;
"Registrar" (處長) means the Land Registrar;
"regulations" (《規例》) means regulations made under this Ordinance;
"remove" (刪除), in relation to an entry in the Title Register, includes to delete by any means which, in the opinion of the Registrar, is appropriate in respect of that entry;
"restriction" (限制令) means an order made under section 78(1);
"right" (權利) includes such ancillary rights as are necessary for effective enjoyment of the right;
"search" (查冊) means a search under section 30(1);
"Secretary" (局長) means the Secretary for Development; (Amended L.N. 130 of 2007)
"solicitor" (律師) means a solicitor within the meaning of section 2(1) of the Legal Practitioners Ordinance (Cap 159);
"specified" (指明), in relation to a form, means specified under section 99;
"title certificate" (業權證明書) means a certificate issued under section 29(1);
"Title Register" (業權註冊紀錄) means the Title Register kept under section 4;
"transfer" (轉移) means the registration of a matter to effect the passing of the title to registered land, a registered charge or a registered long term lease from one person to another person otherwise than by operation of law, and includes the instrument providing for such passing;
"transmission" (傳轉) means the passing of the title to registered land, a registered charge or a registered long term lease from one person to another person under an order of a court of competent jurisdiction, under an enactment or by operation of law;
"trustee" (受託人) includes a personal representative;
"unregistrable interest" (不可註冊權益) has the meaning assigned to it by section 1A(1) of the Land Registration Ordinance (Cap 128);
"valuable consideration" (有值代價) means money or money's worth, but does not include a nominal consideration.
(2) It is hereby declared that—

(a) the title to land becomes registered under this Ordinance by virtue of an entry being made in the Title Register specifying a person as being the owner of that land, and references in this Ordinance to registered land shall be construed accordingly; and

(b) any reference in any other enactment to "register in the Land Registry" or "registered in the Land Registry", or words to the like effect, shall be construed to mean register or registered under the Land Registration Ordinance (Cap 128) or this Ordinance, as the case may require.