Memorial Form Easy Guide

The Land Registration Ordinance (Cap. 128) does not provide for re-registration of corrected instruments which were already registered. However, to allow the correction of clerical errors where the alteration does not amount to a change in the legal effect of the instrument, the Land Registry has adopted the following practice regarding re-registration

-	If the mistake which is sought to be corrected in an already registered instrument is considered by the Land Registry to be non-material, re-registration by a fresh memorial is allowed provided that the correction is initialled by either the attesting solicitor, or one of the parties to the instrument. An example of a non-material error is where the mistake is obvious and there is documentary evidence to support the correct spelling e.g. Hong Kong Identity Card or previous title deed.
-	If the mistake which is sought to be corrected in an already registered instrument is considered by the Land Registry to be material but not to alter the legal effect of the instrument, re-registration by a fresh memorial is allowed provided that the correction is initialled by either one of the parties to the instrument and the attesting solicitor, or all the parties to the instrument.
-	If the correction is considered by the Land Registry to amount to an alteration of the legal effect of the instrument, re-registration will not be allowed. By way of clarification, instruments with the following alteration are considered to amount to a change in the legal effect and will not be accepted for re-registration to change the parties, for example: A.B. Finance Limited to A.B. Credit Limited to use another form, for example: substituting a charge in modern form for an old form to rectify an invalid execution to rectify a misdescription of the premises to rectify a defective execution

Please refer to LOCM 102 and LOCM 108 for further information on re-registration.