### Land Titles Ordinance 《土地業權條例》

89. Discrepancy in area and boundary
(Not yet in operation)
As between the Government and the owner of registered land, no claim to indemnity under this Part shall arise, and no legal proceedings in respect thereof shall be commenced or maintained, on account of—
(a) any surplus or deficiency in the area or measurement of the land disclosed by a survey (whether or not by an authorized land surveyor referred to in section 44) showing an area or measurement differing from the area or measurement—
(i) disclosed on any subsequent survey of the land; or
(ii) shown in the Title Register, on any Government lease or on any plan, or on any microfilm, image record or other record of any plan, kept in the Land Registry under section 6;
(b) any boundary of the land disclosed by a survey (whether or not by an authorized land surveyor referred to in section 44) showing a boundary differing from any boundary—
(i) disclosed on any subsequent survey of the land; or
(ii) shown in the Title Register, on any Government lease or on any plan, or on any microfilm, image record or other record of any plan, kept in the Land Registry under section 6; and
(c) any discrepancy in the area or measurement of the boundaries, whether upon a survey or otherwise, arising from the application or the determination of the boundaries of the lot under section 94.

90. Land Titles Indemnity Fund
(Not yet in operation)
(1) An indemnity fund, to be known as the Land Titles Indemnity Fund, shall be established for the purposes of this Part in accordance with the regulations.
(2) The amount of any indemnity awarded under section 86(1) or (2)(b) shall be paid out of the Land Titles Indemnity Fund.

### Land Titles Ordinance 《土地業權條例》

91. Appeals against decisions made by Registrar
(Not yet in operation)
(1) A person aggrieved by a decision made by the Registrar under this Ordinance (except a decision relating to a claim for indemnity) may appeal to the Court against the decision by serving on the Registrar a notice of appeal—
(a) in the specified form; and
(b) not later than 30 days after the decision has been made or such further period—
(i) as the Registrar permits in any particular case; or
(ii) as to the Court appears just in any particular case.
(2) Where the Registrar receives a notice of appeal under subsection (1), he shall prepare and send a brief statement of the question in issue to—
(a) the Court;
(b) the appellant; and
(c) any other person appearing to the Registrar from the Title Register to be affected by the appeal.
(3) On the hearing of an appeal—
(a) the appellant;
(b) the Registrar; and
(c) any other person who, in the opinion of the Court, is affected by the appeal,
may, subject to any rules of court, appear and be heard in person or by a counsel.
(4) The Court may make such order on an appeal as the circumstances may require together with, as to the Court appears just, any costs and expenses properly incurred in relation to the appeal.
(5) The Registrar shall give effect to an order made under subsection (4), in so far as it relates to him, in accordance with the provisions of the order.
(6) In subsection (1), “decision” (決定) includes a direction, order, requirement, determination and refusal.

92. Effect of appeal on disposition
(Not yet in operation)
An appeal under section 91 shall not affect a disposition—
(a) made in good faith and for valuable consideration; and
(b) registered at any time before the notice of appeal under section 91(1) is made the subject of a non-consent caution.

93. Appeal rules, etc.
(Not yet in operation)
The Chief Justice may make rules for regulating appeals under section 91, and applications made under this Ordinance to the Court, and for the fees to be paid in respect of such appeals and applications.

### Land Titles Ordinance 《土地業權條例》

95. Address for service
(Not yet in operation)
The Registrar may, by notice in writing served on a person who—
(a) presents an application for the registration of any matter; or
(b) is the owner of registered land or a registered charge, or the lessee of a registered long term lease,
require the person to provide to the Registrar a notice in writing—
(c) specifying an address in Hong Kong for service on that person; and
(d) within the period specified in the requirement.

96. Meaning of “opportunity of being heard”
(Not yet in operation)
(1) Where under this Ordinance a thing is to be or may be done after giving a person an opportunity of being heard, that person shall be deemed to have been given such an opportunity if he—
(a) attends before the Registrar personally or by a solicitor or other agent, and is given such an opportunity;
(b) intimates, personally or by a solicitor or other agent, that he does not wish to be heard; or
(c) has been served with a notice in writing specifying the nature of the thing to be done and appointing a day and time not less than 12 working days after service of the notice at which he will, if he attends before the Registrar, be heard.
(2) Where a person or a solicitor or other agent on his behalf attends before the Registrar concerning a matter on which he is entitled to an opportunity of being heard, or fails to attend pursuant to a notice referred to in subsection (1)(c), the Registrar may, if he thinks fit, adjourn the hearing from time to time, and, notwithstanding failure to attend, may, if he thinks fit, hear such person at any time.
(3) Where under this Ordinance all persons interested or affected are to be given an opportunity of being heard, it shall be sufficient if all persons who, according to any current entry in the Title Register, appear to be so interested or affected, are given such an opportunity.
(4) In this section, “working day” (工作日) means any day other than a public holiday or a black rainstorm warning day or gale warning day within the meaning of section 71 of the Interpretation and General Clauses Ordinance (Cap. 1).

### Land Titles Ordinance 《土地業權條例》

97. Application to Court by person other than Registrar
(Not yet in operation)
(1) A person interested in registered land, a registered charge or a registered long term lease may apply by originating summons to the Court in respect of any question relating to—
(a) the title to the land, charge or lease; or
(b) an interest in the land, charge or lease where the interest is—
(i) registered or registrable; or
(ii) expressed by this Ordinance not to require registration,
and the Court may make such order on the originating summons and as to costs as to the Court appears just.
(2) No proceedings may be commenced under this section in respect of any matter for which proceedings may be commenced under section 82.
(3) The Registrar shall give effect to an order made under subsection (1) in accordance with the provisions of the order.