### Land Titles Ordinance 《土地業權條例》

67. Transmission on bankruptcy
(Not yet in operation)
(1) A trustee in bankruptcy shall, on the presentation to the Registrar of a sealed copy of the order of the Court—
(a) adjudging the owner of registered land or a registered charge bankrupt, or the lessee of a registered long term lease bankrupt; or
(b) directing that the estate of the deceased owner of registered land or a registered charge, or the deceased lessee of a registered long term lease shall be administered according to the law of bankruptcy,
be entitled to be registered as the owner of the land or charge, or as the lessee of the lease, in the place of the bankrupt or deceased owner or lessee, with the addition after the English name of the trustee in bankruptcy of the words “as trustee of the property of . a bankrupt”, and with the addition after the Chinese name of the trustee in bankruptcy of the words “作為破產人.的財產的受託人”.
(2) A trustee in bankruptcy who in that capacity is registered as the owner of registered land or a registered charge, or as the lessee of a registered long term lease shall—
(a) be subject to—
(i) any restrictions (including any rights) provided for in the Bankruptcy Ordinance (Cap. 6) or any other enactment; and
(ii) any interests subject to which the bankrupt or deceased owner of the land or charge or lessee of the lease held the land, charge or lease immediately prior to his bankruptcy or death;
(b) without prejudice to paragraph (a), for the purposes of any dealing in the land, charge or lease, have—
(i) unrestricted power of sale over the land, charge or lease;
(ii) all the rights conferred under this Ordinance or any other enactment on the owner of registered land or a registered charge, or the lessee of a registered long term lease, as the case may be, who has acquired the land, charge or lease for valuable consideration.

### Land Titles Ordinance 《土地業權條例》

68. Transmission on liquidation
(Not yet in operation)
(1) Where a company is being wound up—
(a) the liquidator of the company shall present to the Registrar the resolution or order under which he holds his appointment as liquidator; and
(b) on the presentation of the resolution or order, the Registrar shall enter the appointment in the Title Register in respect of any registered land, registered charge or registered long term lease of which the company is the owner or lessee.
(2) An instrument executed by or on behalf of a company being wound up presented to the Registrar for registration after the appointment of the liquidator of the company has been entered in the Title Register shall—
(a) in the case of a company required by law to have a common seal, be sealed with the common seal of the company and attested by the liquidator;
(b) in any other case, be signed by the liquidator.
(3) Where an order has been made under section 198 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) vesting in the liquidator of a company any registered land, registered charge or registered long term lease of which the company is the owner or lessee— (Amended 28 of 2012 ss. 912 & 920)
(a) the liquidator shall present the order to the Registrar; and
(b) on the presentation of the order, the Registrar shall register the liquidator as the owner or lessee, as the case may be, of the land, charge or lease.
(4) Where under subsection (3) the liquidator of a company is registered as the owner of registered land or a registered charge, or as the lessee of a registered long term lease, the liquidator shall be subject to—
(a) any restrictions (including any rights) provided for in the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) or any other enactment; and
(b) any interests subject to which the company held the land, charge or lease immediately prior to the order made under section 198 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) by virtue of which the land, charge or lease was vested in the liquidator. (Amended 28 of 2012 ss. 912 & 920)

### Land Titles Ordinance 《土地業權條例》

69. Trusts
(Not yet in operation)
(1) A person who, in the capacity of trustee (other than as a personal representative or trustee in bankruptcy)—
(a) acquires registered land, a registered charge or a registered long term lease;
(b) holds a registered charge;
(c) holds a long term lease; or
(d) becomes the lessee of a Government lease issued on or after the appointed day,
may be described by that capacity in the relevant instrument, and, if so described, shall be registered with the addition of the words “as trustee” and“作為受託人”, but the Registrar shall not enter particulars of the trust concerned in the Title Register.
(2) Where the owner of registered land or a registered charge, or the lessee of a registered long term lease, makes a declaration of trust in respect of the land, charge or lease, or otherwise comes to hold the land, charge or lease as a trustee (other than as a personal representative or trustee in bankruptcy), the Registrar shall, on the presentation of an application for the registration of a transfer of the land, charge or lease supported by the declaration or other instrument by virtue of which the owner comes to hold the land, charge or lease as a trustee, add the words “as trustee” after that person’s English name and add the words“作為受託人”after that person’s Chinese name in the Title Register concerned, but the Registrar shall not enter particulars of the trust concerned in the Title Register.
(3) For the avoidance of doubt, it is hereby declared that subsections (1) and (2) shall not prevent the making of an entry of a consent caution, non-consent caution, inhibition or restriction in the Title Register by reason only of the fact that the entry contains particulars of a trust.
(4) A person who, in the capacity of trustee, is registered under this section as the owner of registered land or a registered charge, or as the lessee of a registered long term lease—
(a) shall be subject to any interests to which the land, charge or lease is subject at the time of registration of the person as the owner or lessee, as the case may be; and
(b) without prejudice to paragraph (a), for the purposes of any dealing in the land, charge or lease, shall have all the rights conferred under this Ordinance or any other enactment on the owner of registered land or a registered charge, or the lessee of a registered long term lease, as the case may be, who has acquired the land, charge or lease for valuable consideration.
(5) No breach of the terms of the trust to which the person, land, charge or lease referred to in subsection (4) is subject shall create any right or indemnity under this Ordinance.

### Land Titles Ordinance 《土地業權條例》

70. Protection of person dealing with trustees
(Not yet in operation)
Where a person, in the capacity of trustee, is registered as the owner of registered land or a registered charge, or as the lessee of a registered long term lease, he shall, in dealing with the land, charge or lease, be deemed to be the owner of that land or charge or lessee of that lease, and no disposition that amounts to a breach of trust by the trustee to a bona fide purchaser for valuable consideration shall be defeasible by reason only of the fact of that breach.