Land Registry Circular Memorandum No. 3/99

29 September 1999

Registration Guidelines - Party's Name

1. I attach a copy of the Guidelines used by the Land Registry for handling discrepancies in the party's name in the land records, the instrument or the memorial.

2. These guidelines represent the practice now adopted by the Land Registry. They are issued as a result of a review of the matter at the Land Registry and Law Society Joint Standing Committee. It is hoped that they will provide some guidance to legal practitioners handling any discrepancy in a party's name.

3. The guidelines are meant for guidance only.

4. For enquires, please contact the Customer Services Manager, Mr W Y KWOK (now changed to Ms Eva LAU) at telephone number 2867 2882 (now change to 3105 0000).





(A. G. Cooper)
Land Registrar



Registration Guidelines - Party's Name

According to Regulation 13 of the Land Registration Regulations, the Land Registry shall scrutinize every instrument delivered for registration and the memorial thereof, and shall ensure that the particulars required by Regulation 6 are accurately contained in the memorial. In this connection, if the Land Registry encounters discrepancies in the party's name between the land records, the instrument or the memorial, the following actions will be taken:


(1)
For discrepancies such as the examples listed in Table 1 below:

Table 1
Registration Guidelines - Party's Name1
Case Discrepancy Examples
Register Instrument Memorial
(i) Different arrangement
of the name
Chan Tai Man, David David, Chan Tai Man or Chan, David Tai Man Same as instrument
(ii) Different form of surname Sze To Tai Man Sze-To Tai Man or
Szeto Tai Man
Same as instrument
(iii) Simplified Chinese character 陳麗雲 陈丽云 Same as instrument
(iv) Commonly acceptable abbreviated form ABC International Company

ABC Corporation
ABC Int'l Co.

ABC Corp.
Same as instrument
Same as instrument

The Land Registry will accept the discrepancies without querying. The examples given are simple, straight forward cases without any complications. For cases with doubtful circumstances, clarification would be sought from the lodging solicitors.

(2)
For discrepancies such as the examples listed in Table 2 below:

Table 2
Registration Guidelines - Party's Name2
Case Discrepancy Examples
Register Instrument Memorial
(i) Maiden name adopted(other than Divorce Proceedings) Wong Chan Anna Chan Anna Wong Chan Anna nee Chan Anna
(ii) Christian name missing or added Chan Tai Man, David Chan Tai Man Same as instrument
Chan Tai Man Chan Tai Man, David Same as instrument
(iii) Surname cannot be ascertained Chan Tai Man Tai Man Chan Same as instrument
Rose Smith Xanadu Xanadu Rose Smith Same as instrument
The Land Registry will ascertain if any document of identity is produced to establish the link between the two names.

(a) For cases with document of identity
The Land Registry will require addition of cross reference such as "also known as XXX" in the memorial.

(b) For cases without document of identity
We require addition of the relevant cross reference to the memorial and confirmation by solicitors in writing that the two names refer to the same person.

Exception

If the discrepancy stated in Case (i) of Table 2, i.e. maiden name adopted in instrument, occurs in Divorce Proceedings papers, since the instrument itself is self-explanatory, it will be accepted for registration and clarification from the solicitors is not required.

For cases with doubtful circumstances, further clarification would be sought with the lodging solicitors.

Note: These guidelines are meant for guidance only and are not exhaustive.

The Land Registry
September 1999