Post-enactment Review and Preparation for Title Registration : Position Report (19 December 2008)

On 19 December 2008, the Administration reported to the Development Panel of the Legislative Council (the Panel) on the progress on the preparation of the amendments to the Land Titles Ordinance (LTO) and the remaining matters to be settled before the amendment bill is introduced. The two major issues covered in the report to the Panel are the conversion mechanism and the rectification provisions in the LTO. The conversion mechanism is the method that will be used to bring existing land and property to which the Land Registration Ordinance applies over to the title register. The rectification process deals with how the title register is to be put right if it has been wrong.

Following the report to the Panel, the Administration will launch a 3-month consultation commencing 1 January 2009 with the major stakeholders and the members of the public on the proposed amendments to the LTO. After the consultation which ended on 31.3.2009, a decision will be made as to whether any and what changes are to be added to the amendment bill. Meanwhile, drafting of the amendment bill and the preparatory work on the operational side for the implementation of the land titles system are continuing.

Papers:-

This reports progress on the preparation of the amendments to the Land Titles Ordinance (LTO).
Annex A (pdf format)
This illustrates the rectification and indemnity mechanism under the enacted LTO and sets out the suggested modifications to the mandatory rectification rule.
Annex B (pdf format)
This sets out the initial views of the Law Society of Hong Kong, the Hong Kong Bar Association and the Real Estate Developers Association of Hong Kong on the proposals by the Administration.
Annex C (pdf format)
This sets out the conversion mechanism under the enacted LTO, the identified issues and the proposals for modifications.