Annual Report 2001 - 2002

Value

Maintaining and enhancing trust in the registers is fundamental to the work of the Land Registry. We work constantly to uphold and improve the integrity, clarity and accessibility of registered information, while safeguarding individual privacy.

During 2001-2002 we thoroughly reviewed procedures for handling searches based on personal information. This led to tightening our procedures and strengthening control over handling of data to assure compliance with the Personal Data (Privacy) Ordinance. The Land Registration (Amendment) Bill will give better protection against Land Registry information being used to trace information about individuals.

By strengthening our legal framework and implementing our new technology initiatives, we aim to maintain and further the community's trust in the Land Registry.

A Trustworthy Legal Framework

The Land Registration Ordinance dates back to 1844. It is the oldest government ordinance still operating in Hong Kong and provides for a system of registration of deeds that affect interests in land.

The deed registers give a history of transactions and interests in property but they do not directly guarantee who holds title. Legal advice has to be sought on this.

The Land Registry is pursuing a two-part programme to improve the legal framework. First is making amendment to the existing Land Registration Ordinance in order to improve the efficiency with which the deeds registration system operates. Second is to introduce a new ordinance to allow the introduction of title registration. Under a title registration system the register provides conclusive evidence of ownership, giving greater certainty to all parties. The title register is also backed by an indemnity scheme to give greater protection against fraud or error.

Land Registration (Amendment) Bill
During 2001-2002 the Land Registration (Amendment) Bill passed through examination by a Legislative Council Bills Committee. It received its final reading on 3 July 2002. The provisions will begin to be brought into effect from the end of 2002. The underlying effect of the bill is to complete the process of integrating the urban area registration system with the New Territories system (which prior to 1982 operated under a different department). It allows for the establishment of a central registration office able to give comprehensive service for the whole territory. It makes feasible the development of the Integrated Registration Information System (IRIS), allows us to provide information in Chinese in addition to English and enables us to make greater use of electronic service delivery as well as to give better protection to personal data.

One aspect of reform of the present system, the creation of a power to remove old stopped deeds from the register, was not settled in time for inclusion in the bill enacted in July 2002. Legislating for such powers, so as to remove uncertainties that affect a significant number of properties, is a priority for the Land Registry in the current year.

Land Titles Bill
Hong Kong is unusual among developed societies in not yet giving the community the greater convenience and security of title registration. Legislation to introduce such a system has been under discussion since the early 1990s. During 2001-2002 the Land Registry undertook fresh consultations with interested parties who had objections to earlier proposals. Arising from this a revised bill and regulations are being drafted. The main features of the revised scheme are:

• A gradual conversion process, with properties changing from deeds to title registration on first sale or transfer after the legislation comes into effect, on voluntary application or on issue of new Government leases;
• Restriction on the overriding interests that can be asserted;
• An indemnity scheme to provide protection for interests lost due to fraud or error; and
• A power for the court to order rectification of the register.

Our aim is to introduce the legislative proposals in the 2002-2003 legislative session.

Trustworthy Technology

Security is fundamental to planning for the Integrated Registration Information System. The proposed design has been subjected to a comprehensive security risk assessment and the focus on security will be followed through in the development and operation of the system. We aim to ensure that all our clients and customers can:

• Trust the integrity of the data in the system;
• Trust the integrity of operation and use of the data; and
• Trust that the system will be available for use whenever it is needed.

In 2001-2002 the Land Registry, with our partners and contractors, maintained a high level of availability for all existing systems. No security breaches were recorded. No loss of data was encountered.

Relationships

The Land Registry relies on many different relationships to deliver services successfully to the community. We depend on our staff to give courteous and efficient service. We depend on business partners to develop and maintain efficient systems. We depend on the suppliers and users of information for its accuracy and correct use. Finally, we depend on all of these people for feedback on the quality of our services and ideas on improvement.

Our policy is to treat all with whom we deal with respect. We listen carefully to them and are open and clear in what we say to them. We seek solutions that help clients and customers as well as achieving our objectives. Our aim is to create partnerships of trust that help
to give better service to all.

~~~~~We are Working for Hong Kong's Future~~~~~