Post-enactment Review and Preparation for Title Registration : Position Report (1 September 2010)

After the public consultation ended in March 2009, concerns were recently raised on the “mandatory rectification” rule in the Land Titles Ordinance (LTO). There were suggestions on the adoption of “immediate indefeasibility” instead, and that the cap on indemnity and the bar from indemnity for pre-conversion fraud should be lifted. Divergent views were held by the stakeholders on these issues.

Notwithstanding the views touched on the core elements enshrined in the LTO and could have far-reaching implications on the title registration system and its implementation timetable, the Administration is striving to resolve the issues concerned together with the stakeholders with a view to identifying the best way forward.