Title Registration : Recent Development

The Land Registry Annual Report 2009/10

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Title Registration

HIGHLIGHT

The outcome of the consultation exercise on “Amendments to Land Titles Ordinance ” that ended on 31 March 2009 indicated that there was strong public support for retaining the automatic conversion mechanism under the Land Titles Ordinance (LTO) enacted in 2004. Respondents were also in favour of making limited exceptions to the rectification and indemnity arrangements under the LTO.
In view of the divergent views received on the mandatory rectification rule under the LTO, we will closely engage stakeholders with a view to identifying a consensus for taking forward the LTO amendment exercise.
The TV series “Stories of Our Land ” was well received and was among the top 20 programmes in the 2009 TV Programme Appreciation Index Survey (Phase 1). The programme helped raise public awareness of security of property rights and the title registration system.

Recent Development

(i) Consultation on Amendments to LTO

A three-month public consultation on the amendments to the LTO in respect of the conversion mechanism and the rectification and indemnity provisions ended on 31 March 2009. Major stakeholders and members of the public had submitted their views.

The result of the public consultation indicated that there was general support for retaining automatic conversion of land registered under the Land Registration Ordinance to title registration regime twelve years after the commencement of the LTO. Respondents were also in favour of making limited exceptions to the mandatory rectification rule where it would be practically impossible to restore the title of an innocent former
owner who was displaced as a result of fraud.

All views and submissions as well as the Administration's response have been posted onto the consultation webpage of the Land Registry's homepage. We have also reported the outcome of the public consultation exercise to the Joint Subcommittee on Amendments to LTO under the Panel on Development and the Panel on Administration of Justice and Legal Services of the Legislative Council (LegCo Joint Subcommittee).

(ii) Public Engagement

To take forward the amendment exercise of the LTO, the Land Registry has been maintaining close liaison with stakeholders. The Land Registrar also chairs an LTO Steering Committee with representatives from the Consumer Council, the Law Society of Hong Kong, the Hong Kong Bar Association, the Heung Yee Kuk, the Hong Kong Association of Banks, the Hong Kong Mortgage Corporation, the Real Estate Developers Association of Hong Kong and the Estate Agents Authority, which provides a useful platform for stakeholders to exchange views on the LTO amendment exercise.

In addition, the Land Registry has been regularly reporting on its work progress to the LegCo Joint Subcommittee. Papers and documents submitted to the LegCo Joint Subcommittee are available at the Land Registry's homepage.

(iii) TV Programme —'“Stories of Our Land”

The ten-episode TV series “Stories of Our Land” jointly produced by the Land Registry and Radio Television Hong Kong has been successful in reaching out to the community for raising public awareness of the land registration system and the coming reform to title registration system.

Both the Chinese and English versions of the TV programme were broadcast in 2009. The programme was well received by the audience and it was among the top 20 programmes in the 2009 TV Programme Appreciation Index Survey (Phase 1).

We have also produced and distributed trilingual DVDs of the programme to all primary and secondary schools, tertiary institutes and public libraries to sustain our efforts in promoting public awareness of the close relationship of land registration with their everyday life.

(iv) Preparation of Land Titles (Amendment) Bill

Consultation with Various Departments

The Land Registry continued the consultation with departments in relation to issues arising from the interrelationship between the LTO and ordinances under their purview and also on rights and charges created under their respective ordinances. The Land Registry and the departments worked closely with a view to addressing and resolving any conflicts identified.
Preparation of Subsidiary Legislation

Preparatory work for the drafting of the rules i.e. Land Titles Rules, Land Titles Court Rules, Land Titles Indemnity Fund Rules and Land Titles (Fees and Levies) Rules and Land Titles Transitional Rules was underway.