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Memorial Form Easy Guide

Short Description:

The Land Registry is a public office for the registration of instruments affecting land under the Land Registration Ordinance (Cap. 128).



Quick Tips:

  • Only instruments affecting land are registrable. Most of these are legal instruments. In general, an instrument affects land if it:

    • calls for a change of land title, e.g. Assignment, Deed of Gift; or
    • prevents a change of land title, e.g. Injunction Order and other Court Order; or
    • itself creates an interest in land, e.g. Declaration of Trust, Easement.
  • Instruments presented for registration must be in A4 size, and printed or written in black ink on one side only of white paper or azure ledger paper. The detailed requirements are set out in Land Registry Circular Memorandum No. 15/96.
  • The registration fees for different instruments can be found in the Land Registration Fees Regulations (Cap. 128B).
  • Delivery of an instrument and memorial into the Land Registry for registration may be effected by personal delivery or sending the instrument and memorial by post.
  • The date of receipt of an instrument and memorial sent to the Land Registry by post shall
    (a)where the instrument and memorial is received by the Land Registry before 1:30 p.m. on any day on which the Land Registry is open to the public, be that day;
    (b)where the instrument and memorial is received by the Land Registry after 1:30 p.m. on any day on which the Land Registry is open to the public, be deemed to be the next following day on which the Land Registry is open to the public.

FAQ:

Q1: Where should I deliver the instruments for registration?
A: All instruments shall be delivered to the Customer Centre on 19th Floor of the Queensway Government Offices (QGO) for registration, irrespective of the property location.
Q2: How long will it take to register an instrument?
A: The performance pledge for registration of an instrument is 14 working days. That is the time required for completing the registration process and returning the instrument to the lodging parties. However, for cases where clarification with lodging parties is required, it may take longer time.
Q3: What should I do if an instrument requires urgent registration?
A: Please substantiate your request in writing when the instrument is delivered for registration. We will expedite our registration process.
Q4: Can I lodge two instruments (e.g. original Tenancy Agreement annexed to an original Assignment) for registration under one memorial?
A: No. Each original instrument should be lodged for registration under a separate memorial.
Q6: Can I apply for a refund if there is an overpayment of registration fee?
A: Yes. The Land Registry will consider an application for refund of excess registration fee upon production of evidence which shows that a lesser amount of registration fee should have been charged as laid down in Land Registry Circular Memorandum No 1/95. For the scope of acceptable documentary proof, please refer to Land Registry Circular Memorandum No.6/07.
Q7: Can I send a draft copy instrument intended for re-registration to the Land Registry and have it prescreened/pre-approved before lodging it for re-registration?
A: It is not the Land Registry's statutory duty to provide service for pre-registration screening of instruments before they are lodged for registration or re-registration. We consider that Land Office Circular Memorandum Nos. 102 and 108 already contain useful guidelines for reference by lodging parties.
Q8: If some of the particulars contained in the carbon copy Provisional Agreement for Sale and Purchase are blurred, will it be accepted for registration?
A: It is specified in the Land Registration Regulations (Cap. 128A) that the instrument shall be of such quality as to enable the contents thereof to be satisfactorily recorded by imaging method. The Land Registry will adopt a flexible approach in considering each case according to the circumstances of the case. In any event, the major particulars (e.g. names of parties, property description, etc.) which are required to be entered into the memorial must be clearly shown in the instrument.