Cap 128 - LAND REGISTRATION ORDINANCE 1
Chapter: 128 LAND REGISTRATION ORDINANCE Gazette Number Version Date
Long title 30/06/1997
To provide for the registration of deeds, conveyances, judgments and other instruments affecting real or immovable
property, the keeping of Land Registry records, and for other matters relating to land registration.
(Replaced 56 of 1980 s. 2. Amended 56 of 1992 s. 2; 8 of 1993 s. 2)
[28 February 1844]
(Originally 3 of 1844; 2 of 1896 (Cap 128, 1950); 10 of 1956)
Preamble 30/06/1997
WHEREAS it is expedient to prevent secret and fraudulent conveyances, and to provide means whereby the title to
real and immovable property may be easily traced and ascertained:
(Amended 5 of 1911 s. 4)
Section: 1 Short title 30/06/1997
This Ordinance may be cited as the Land Registration Ordinance.
(Amended 5 of 1924 s. 6)
Section: 1A Interpretation 30/06/1997
In this Ordinance, unless the context otherwise requires-
"document" (文件) includes, in addition to a document in writing-
(a) any map, plan or drawing;
(b) any disc, tape or other device in which data other than visual images are embodied so as to be capable,
with or without the aid of some other equipment, of being reproduced therefrom; and
(c) any film, tape or other device in which visual images are embodied so as to be capable, with or without
the aid of some other equipment, of being reproduced therefrom;
"image" (影像) or "image record" (影像紀錄) means a record produced using the imaging method and, where the
context permits, includes a record in a legible form; (Added 104 of 1995 s. 2)
"imaging" (影像處理) or "imaging method" (影像處理方法) means a method by which documents in a legible
form or in the form of microfilm are scanned by a scanner and the information recorded therein is converted into
electronic images, which are then stored on electronic storage media capable of being retrieved and reproduced
in a legible form; (Added 104 of 1995 s. 2)
"lis pendens" (待決案件) means-
(a) any action or proceeding pending in a court or tribunal that relates to land or any interest in or charge
on land; and
(b) a bankruptcy petition; (Added 56 of 1992 s. 3)
"record" (紀錄) includes not only a written record but any record conveying information or instructions by any other
means whatsoever;
"register card" (註冊資料卡) has the meaning assigned to it by regulation 2 of the Land Registration Regulations
(Cap 128 sub. leg. A). (Added 104 of 1995 s. 2)
(Added 49 of 1986 s. 2)
Section: 2 Establishment of Land Registry for registration of
instruments affecting land
25 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
Cap 128 - LAND REGISTRATION ORDINANCE 2
REGISTRATION OF INSTRUMENTS AFFECTING LAND
(1) The Land Registry shall be a public office for the registration of deeds, conveyances, and other instruments
in writing, and judgments; and all deeds, conveyances, and other instruments in writing, and all judgments, by which
deeds, conveyances, and other instruments in writing, and judgments, any parcels of ground, tenements, or premises in
Hong Kong may be affected, may be entered and registered in the said office in the prescribed manner. (Amended 50
of 1911 s. 4 & Schedule; 10 of 1953 s. 2; 56 of 1980 ss. 3 & 12; 56 of 1992 s. 15; 8 of 1993 s. 2)
(2) For the purpose of this Ordinance, "judgments" (判決) includes judgments and orders of the Court of First
Instance, the District Court and the Lands Tribunal. (Added 10 of 1953 s. 2. Amended 29 of 1983 s. 48; 25 of 1998 s.
2)
Section: 2A Floating charge 30/06/1997
(1) A document effecting a floating charge, whether or not it specifically identifies any land charged, is not, for
the purposes of section 2, a deed, conveyance or other instrument in writing by which any parcel of ground, tenement
or premises in Hong Kong may be affected. (Amended 56 of 1992 s. 4)
(2) A document effecting a floating charge created before, on or after 1 November 1984- (Amended 31 of
1988 s. 31)
(a) becomes a fixed charge on the land intended to be affected; and
(b) for the purposes of section 2, is a deed, conveyance or other instrument in writing by which any parcel
of ground, tenement or premises in Hong Kong may be affected,
upon crystallization of that charge after 1 November 1984 as evidenced by a certificate signed by or on behalf of the
chargee.
(3) For the purposes of section 5, the time of execution of a charge mentioned in subsection (2) is the time of
signature of the certificate mentioned in that subsection.
(Added 62 of 1984 s. 57)
Section: 3 Priority of registered instruments; effect of non-
registration
30/06/1997
(1) Subject to this Ordinance, all such deeds, conveyances, and other instruments in writing, and judgments,
made, executed, or obtained, and registered in pursuance hereof, shall have priority one over the other according to the
priority of their respective dates of registration, which dates shall be determined in accordance with regulations made
under this Ordinance. (Amended 50 of 1911 Schedule; 34 of 1978 s. 2; 56 of 1980 s. 4)
(2) All such deeds, conveyances, and other instruments in writing, and judgments, as last aforesaid, which are
not registered shall, as against any subsequent bona fide purchaser or mortgagee for valuable consideration of the
same parcels of ground, tenements, or premises, be absolutely null and void to all intents and purposes:
Provided that nothing herein contained shall extend to bona fide leases at rack rent for any term not exceeding 3
years. (Amended 50 of 1911 Schedule)
(Amended 56 of 1992 s. 15)
Section: 4 Notice of unregistered instrument not to affect registered
instrument
30/06/1997
No notice whatsoever, either actual or constructive, of any prior unregistered deed, conveyance, or other
instrument in writing, or judgment, shall affect the priority of any such instrument as aforesaid as is duly registered.
(Amended 50 of 1911 Schedule; 56 of 1992 s. 15)
Section: 5 Period within which instruments to be registered after
execution
30/06/1997
All deeds, conveyances, and other instruments in writing, and judgments, which are duly registered within the
respective times next mentioned, that is to say, all deeds, conveyances, and other instruments in writing which are
Cap 128 - LAND REGISTRATION ORDINANCE 3
registered within one month after the time of execution thereof respectively, and all judgments which are registered
within one month after the entering up or recording thereof, shall severally be in like manner entitled to priority, and
shall take effect respectively by relation to the date thereof only in the same manner as if this Ordinance had not been
passed.
(Amended 50 of 1911 Schedule; 34 of 1978 s. 3; 56 of 1992 s. 15)
Section: 5A Priority of registered charging orders and lites pendentes 30/06/1997
Notwithstanding section 3 or section 5 a charging order or lis pendens which is duly registered shall have
priority from the commencement of the day following the date of its registration.
(Added 34 of 1978 s. 4)
Section: 6 (Repealed 56 of 1980 s. 5) 30/06/1997
Section: 7 (Repealed 56 of 1980 s. 5) 30/06/1997
Section: 8 (Repealed 56 of 1980 s. 5) 30/06/1997
Section: 9 (Repealed 56 of 1980 s. 5) 30/06/1997
Section: 10 (Repealed 56 of 1980 s. 5) 30/06/1997
Section: 11 (Repealed 56 of 1980 s. 5) 30/06/1997
Section: 12 (Repealed 56 of 1980 s. 5) 30/06/1997
Section: 13 (Repealed 56 of 1980 s. 5) 30/06/1997
Section: 14 Application to lis pendens 30/06/1997
REGISTRATION OF LIS PENDENS
The provisions of this Ordinance relating to judgments (subject to the provisions hereinafter contained) shall
extend to lites pendentes:
(10 of 1856 s. 1 incorporated. Amended 50 of 1911 Schedule; 20 of 1948 s. 4; 56 of 1992 s. 5)
Section: 15 (Repealed 56 of 1992 s. 6) 30/06/1997
Section: 16 Case of lis pendens not registered 25 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
No lis pendens shall be registered in the Registry of the High Court, or elsewhere than in the Land Registry; and
a lis pendens not registered in the said office shall not bind any purchaser or mortgagee of the estate intended to be
Cap 128 - LAND REGISTRATION ORDINANCE 4
thereby affected.
(10 of 1856 s. 3 incorporated. Amended 50 of 1911 Schedule; 56 of 1992 s. 7; 8 of 1993 s. 2; 25 of 1998 s. 2)
Section: 17 Expiry and re-registration 30/06/1997
The registration of a judgment, order or lis pendens shall cease to have effect at the end of 5 years from the date
of registration, but the judgment, order or lis pendens may be re-registered from time to time and, if so re-registered,
shall have effect for 5 years from the date of re-registration.
(Replaced 56 of 1992 s. 8)
Section: 18 Effect of registry and re-registry and extension of 1855 c.
15 s. 11
30/06/1997
Every lis pendens registered or re-registered, and also every judgment or order re-registered under this
Ordinance, shall have the same force and effect as a judgment registered and not further or otherwise.
(10 of 1856 s. 5 incorporated. Amended 50 of 1911 Schedule; 20 of 1948 s. 4; 56 of 1980 s. 12; 56 of
1992 s. 9)
Section: 19 Power to the court to order vacation of lis pendens 30/06/1997
VACATION OF REGISTRATION OF LIS PENDENS
The court or judge before whom any property sought to be bound is in litigation, may on the determination of
the lis pendens, or during the pendency thereof, where the said court or judge is satisfied that the litigation is not
prosecuted bona fide, or for other good cause shown, make an order for the vacating of the registration in the Land
Registry of such lis pendens without the consent of the party who registered it, and may direct the party on whose
behalf the registration was made to pay all the costs and expenses occasioned by the registration or the vacating
thereof, including the costs of the application to vacate, or may make such other order as to such costs or any of them
as to the said court or judge may seem just.
(2 of 1896 s. 1 incorporated. Amended 50 of 1911 Schedule; 8 of 1993 s. 2)
[cf. 1867 c. 47 s. 2 U.K.]
Section: 20 Mode of making application to the court 30/06/1997
The application to vacate a lis pendens under section 19 may be in a summary way by petition or motion in court
or by summons in chambers, and may be made by any person interested in the property against which the lis pendens
has been registered, whether such person is a party to the lis pendens or not.
(2 of 1896 s. 2 incorporated. Amended 5 of 1924 s. 8)
[cf. 1867 c. 47 s. 2 U.K.]
Section: 21 Entry of discharge by Land Registrar 30/06/1997
If an order is made for vacating any such registration, the Land Registrar shall, on the filing with him of a
memorial and an office copy of such order, enter a discharge of such lis pendens on the register, and may issue
certificates of such entry.
(2 of 1896 s. 3 incorporated. Amended 50 of 1911 Schedule; 8 of 1993 s. 3)
[cf. 1867 c. 47 s. 2 U.K.]
Section: 22 (Repealed 104 of 1995 s. 3) 30/06/1997
MISCELLANEOUS
Cap 128 - LAND REGISTRATION ORDINANCE 5
Section: 23 Obligation of Land Registrar to register 30/06/1997
(1) Subject to subsection (2), the Land Registrar shall register, in the manner prescribed by or under this
Ordinance, any deed, conveyance or other instrument in writing, or judgment, if, but only if, he is satisfied that-
(Amended 56 of 1992 ss. 10 & 15; 8 of 1993 s. 3; 28 of 1995 s. 40)
(a) the deed, conveyance or other instrument in writing, or judgment, may be, or is under any other
Ordinance required to be, registered under this Ordinance; (Amended 56 of 1992 s. 15)
(b) the provisions of this Ordinance and of any regulations made thereunder, and of any other Ordinance
relating to the registration of an instrument under this Ordinance have been complied with; and
(c) the prescribed fees have been paid.
(2) Subject to subsection (3), the Land Registrar shall not register a deed, conveyance or other instrument in
writing, executed after the commencement of section 30 of the Land Survey Ordinance (Cap 473) and effecting a
division of land if the deed, conveyance or instrument is not accompanied by a land boundary plan-
(a) showing and delineating the parcels of land resulting from the division; and
(b) subject to subsection (4), signed and certified by an authorized land surveyor in accordance with the
Land Survey Ordinance (Cap 473). (Added 28 of 1995 s. 40)
(3) Where a division of land is effected by a will or judgment and the grant of probate in respect of the will or
the judgment, as the case may be, is delivered into the Land Registry for registration, it shall not be necessary for the
grant or judgment to be accompanied by a land boundary plan referred to in subsection (2), but the deed, conveyance
or other instrument in writing transferring the title of any parcel of land resulting from the division delivered into the
Land Registry for registration shall be accompanied by such a land boundary plan. (Added 28 of 1995 s. 40)
(4) It shall not be necessary for a land boundary plan accompanying any deed, conveyance or other instrument
in writing to which subsection (2) or (3) applies and which plan is prepared by the Government to be signed and
certified by an authorized land surveyor. (Added 28 of 1995 s. 40)
(5) In this section, "authorized land surveyor" (認可土地測量師), "land" (土地) and "land boundary plan"
(土地界線圖) have the meanings respectively assigned to them under the Land Survey Ordinance (Cap 473).
(Added 28 of 1995 s. 40)
(Replaced 56 of 1980 s. 6)
Section: 23A Liability of Land Registrar and others 30/06/1997
If the Land Registrar or any other person employed in the Land Registry wilfully or negligently fails to comply
with section 23, he shall be liable for any loss or damage thereby caused, but he shall not be liable in damages-
(Amended 8 of 1993 ss. 2 & 3)
(a) for registering, in good faith, any deed, conveyance or other instrument in writing, or judgment,
notwithstanding any error, omission or defect therein;
(b) for registering, in good faith, any deed, conveyance, or other instrument in writing, or judgment, which
does not affect any parcels of ground, tenements or premises in Hong Kong; or
(c) for any damage to or loss or destruction of any memorial or any deed, conveyance or other instrument
in writing, or judgment, registered or delivered for registration or any document in his custody unless
such damage, loss or destruction was due to his act and such act-
(i) was not authorized by or under this Ordinance; and
(ii) was done negligently or with intent to cause such damage, loss or destruction.
(Added 56 of 1980 s. 6. Amended 56 of 1992 s. 15)
Section: 24 Dishonest destruction etc., of memorials and other
documents
30/06/1997
(1) Any person who dishonestly, with a view to gain for himself or another, or with intent to cause loss to
another, destroys, removes, alters, defaces or conceals-
(a) any memorial, or any deed, conveyance or other instrument in writing, or judgment, belonging to, or
filed or deposited in, the Land Registry, or any part thereof or endorsement thereon or any microfilm,
image or other record thereof; or (Amended 104 of 1995 s. 4)
(b) any register, book, index, receipt, docket or other document belonging to, or filed or deposited in, the
Cap 128 - LAND REGISTRATION ORDINANCE 6
Land Registry, or any part thereof or any microfilm, image or other record thereof, (Amended 104 of
1995 s. 4)
commits an offence and is liable on conviction upon indictment to imprisonment. (Amended 56 of 1992 ss. 11 & 15;
8 of 1993 s. 2)
(2) Any person who wilfully or maliciously destroys, removes, alters, defaces or conceals any thing referred to
under subsection (1)(a) or (b) commits an offence and is liable to imprisonment and a fine. (Added 56 of 1992 s. 11)
(Replaced 56 of 1980 s. 7)
Section: 25 (Repealed 56 of 1980 s. 8) 30/06/1997
Section: 26 Duties and powers of assistant land registrar 30/06/1997
Any assistant land registrar acting in the place or on behalf of the Land Registrar shall have the same duties and
powers as are given by this or any other Ordinance to the Land Registrar.
(Added 23 of 1938 s. 2. Amended 8 of 1993 s. 3)
Section: 26A Copies of documents etc. admissible in evidence L.N. 139 of 2002 12/12/2002
(1) A document purporting to be a copy, print or extract-
(a) of or from-
(i) any memorial or any deed, conveyance or other instrument in writing, or judgment, belonging to,
or filed or deposited in, the Land Registry, or any part thereof or endorsement thereon or any
microfilm, image or other record thereof; or (Amended 56 of 1992 s. 15; 104 of 1995 s. 5)
(ii) any register, book, index, receipt, docket or other document belonging to, or filed or deposited in,
the Land Registry, or any part thereof or any microfilm, image or other record thereof; and
(Amended 104 of 1995 s. 5)
(b) bearing a certificate, with the signature or the printed signature of the Land Registrar, or of any person
authorized by him in that behalf, certifying that the document is a true copy, print or extract,
(Replaced 104 of 1995 s. 5)
shall, subject to the Stamp Duty Ordinance (Cap 117), be admissible in evidence in criminal or civil proceedings
before any court on its production without further proof and, until the contrary is proved, the court shall presume that-
(A) the signature or the printed signature and certification to the document is that of the Land Registrar or
a person authorized by him in that behalf; and (Amended 104 of 1995 s. 5)
(B) the document is a true and correct copy, print or extract.
(2) Nothing in this section shall prejudice the admissibility of any evidence which would be admissible apart
from the provisions of this section.
(3) For the avoidance of doubt, it is hereby declared that nothing in this section or any other provision of this
Ordinance shall require the Land Registrar or a person mentioned in subsection (1) to provide a certificate mentioned
in that subsection in relation to any copy, print or extract of or from any instrument, including any copies, prints or
extracts of or from the memorial and plans (if any) relating thereto, withheld from registration pursuant to the Land
Registration Regulations (Cap 128 sub. leg. A). (Added 20 of 2002 s. 2)
(Added 56 of 1980 s. 9. Amended 8 of 1993 ss. 2 & 3)
Section: 27 Fees 61 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 61 of 1999 s. 3
(1) The Chief Executive in Council may by regulation prescribe the fees to be taken in the Land Registry.
(Amended 20 of 1948 s. 4; 9 of 1950 Schedule; 37 of 1950 Schedule; 61 of 1999 s. 3)
(2) Subject to the provisions of subsection (3), the true consideration shall be stated in all documents registered
in the Land Registry. (Replaced 28 of 1931 s. 2)
(3) Where the amount or value of the consideration money is not stated in any deed, assignment, mortgage or
other instrument proposed to be registered in the Land Registry, or where no consideration money or merely nominal
Cap 128 - LAND REGISTRATION ORDINANCE 7
consideration money passes thereunder, the value of the property, to which such deed, assignment, mortgage or other
instrument relates, shall be determined by the Land Registrar and the like fees shall be paid as if the value so
determined were the amount or value of the consideration money. (Replaced 28 of 1931 s. 2. Amended 20 of 1948 s.
4; 56 of 1992 s. 12)
(Amended 8 of 1993 ss. 2 & 3)
Section: 28 Regulations 30/06/1997
(1) The Land Registrar may make regulations for all or any of the following matters- (Amended 56 of 1992 s.
13)
(a) the manner in which entry and registration of memorials, deeds, conveyances, and other instruments in
writing, and judgments, and other documents in the Land Registry shall be effected, and the
withdrawal of any memorial, deed, conveyance, or other instrument in writing, or judgment, or other
document from registration; (Amended 56 of 1992 s. 15)
(b) determining the date of registration of registered instruments and the proof thereof;
(c) particulars and documents to be furnished for the purposes of registration;
(d) the method by which and the form in which memorials, deeds, conveyances, and other instruments in
writing, and judgments, and other documents are to be recorded and the manner in which they are to be
maintained; (Amended 56 of 1992 s. 15)
(e) the correction and amendment of any memorial or other document;
(f) the keeping of indexes, registers and other records of the Land Registry;
(g) the use of microfilm, imaging or any other material or method for the recording of memorials, deeds,
conveyances, and other instruments in writing, and judgments, and other documents, including records
of the Land Registry; (Amended 56 of 1992 s. 15; 104 of 1995 s. 6)
(ga) the use of the imaging method for the recording of microfilm records; (Added 104 of 1995 s. 6)
(h) the destruction or disposal of memorials and other documents, including records of the Land Registry,
recorded on microfilm or on other material or by the imaging method; (Amended 104 of 1995 s. 6)
(i) fixing the hours during which the Land Registry or any part thereof shall be open to the public and
empowering the Land Registrar to vary such hours;
(j) regulating admission to the Land Registry or any part thereof and the use of any equipment, facilities
or material therein by members of the public;
(k) regulating the conduct of persons in the Land Registry;
(l) enabling any person to be refused entry to the Land Registrar and the removal from the Land Registry
of any person;
(m) prescribing anything that is required or permitted to be prescribed under this Ordinance.
(2) Regulations made under this section may provide that a contravention of any specified provision of any
such regulation shall be an offence and may provide penalties therefor not exceeding a fine of $10000 and
imprisonment for 2 years.
(Added 56 of 1980 s. 10. Amended 8 of 1993 ss. 2 & 3)
Section: 29 Effect of memorials recorded on microfilm 30/06/1997
Where pursuant to regulations made under section 28 the memorial of any deed, conveyance or other instrument
in writing, or judgment, is recorded on microfilm-
(a) the microfilm record of the memorial shall be treated for all purposes as the original memorial; and
(b) the registration of any such deed, conveyance or other instrument in writing, or judgment, registered
prior to the date of commencement* of the Land Registration (Amendment) Ordinance 1980 (56 of
1980), shall not be affected.
(Added 56 of 1980 s. 10. Amended 56 of 1992 s. 15)
_________________________________________________________________________________
Note:
* Date of commencement-8 June 1981.
Cap 128 - LAND REGISTRATION ORDINANCE 8
Section: 29A Effect of register cards recorded on microfilm or
memorials recorded by the imaging method, etc.
30/06/1997
Where pursuant to regulations made under section 28-
(a) any register card is recorded on microfilm, the microfilm record of the register card shall be treated for
all purposes as the original register card;
(b) the memorial of any deed, conveyance or other instrument in writing, or judgment, is recorded by the
imaging method, the image record of the memorial shall without prejudice to section 29(a) be treated
for all purposes as the original memorial; and
(c) the microfilm record of the memorial of any deed, conveyance or other instrument in writing, or
judgment, is recorded by the imaging method, the image record of the microfilm record of the
memorial shall without prejudice to section 29(a) be treated for all purposes as the original memorial.
(Added 104 of 1995 s. 7)
Section: 30 (Repealed 20 of 2002 s. 3) L.N. 197 of 2004 12/02/2005
Section: 31 Saving in respect of deposit of deeds, etc., in Land Registry
for safe custody
30/06/1997
Notwithstanding the repeal of section 22 by section 3 of the Land Registration (Amendment) Ordinance 1995
(104 of 1995), where immediately before the commencement of that Ordinance, any person has, pursuant to that
repealed section, deposited in the Land Registry for safe custody any deed, conveyance, power of attorney, or other
instrument in writing whatsoever, the Land Registrar shall continue to-
(a) keep and maintain the book which contains an accurate alphabetical index having reference as well to
the name of the parties to each such deed or instrument as to the person depositing the same; and
(b) carefully and securely keep all such deeds, conveyances, powers of attorney, or other instruments in
his office until required by the party depositing the same to deliver them back again.
(Added 104 of 1995 s. 8)
Schedule: 1 (Repealed 20 of 2002 s. 4) L.N. 197 of 2004 12/02/2005
Schedule: 2 (Repealed 20 of 2002 s. 4) L.N. 197 of 2004 12/02/2005
