### Land Titles Ordinance 《土地業權條例》

32. Dispositions and instruments
(Not yet in operation)
(1) Subject to subsection (2), no disposition of registered land or a registered long term lease or any interest in or over registered land or a registered long term lease shall be effectual to create, extinguish, transfer, vary or affect the land or lease or any interest in or over the land or lease unless and until the disposition is registered under this Ordinance.
(2) Nothing in this section shall be construed as preventing an interest in or over registered land or a registered long term lease which is not registered under this Ordinance from taking effect in equity if the interest is—
(a) capable of registration under this Ordinance; or
(b) protected by an entry in the Title Register.
(3) Subsection (2) shall not operate to limit, restrict, or qualify the operation of any other provisions of this Ordinance.
(4) The death of a person by or on behalf of whom an instrument has been executed shall not of itself affect the validity of the instrument where—
(a) the death occurred after the instrument was executed; and
(b) the instrument was valid at the time it was executed,
and, accordingly, the instrument may be presented to the Registrar for registration as if the death had not occurred.

33. Additional fee for delayed registration
(Not yet in operation)
(1) Subject to subsections (2) and (3), where an application for the registration of any dealing is presented to the Registrar for registration later than 3 months after the date of the instrument supporting the application, then, in addition to the prescribed fee payable in respect of the application, an additional fee equal to that prescribed fee shall be payable for each month or part of a month which has elapsed since the date of that instrument.
(2) No additional fee payable under subsection (1) in respect of the registration of a dealing shall exceed 10 times the prescribed fee that would have been payable in respect of the application which relates to the dealing if that dealing had been registered on the date of the instrument supporting the application.
(3) The Registrar may remit, either in whole or in part, any additional fee payable under subsection (1) where to do so is in his opinion just and equitable in all the circumstances of the case.

### Land Titles Ordinance 《土地業權條例》

34. Power to compel registration
(Not yet in operation)
(1) Where the Registrar is satisfied that a person, without reasonable excuse, has failed to present to the Registrar an application for the registration of a dealing, the Registrar may, by notice in writing served on the person, require that person to present the application to the Registrar not later than 30 days after the notice is so served.
(2) Where an application in relation to which a notice has been issued under subsection (1)—
(a) is presented to the Registrar on a date on or before the expiration of 30 days after the service of the notice—
(i) the prescribed fee payable in respect of the application; and
(ii) any additional fee payable under section 33 in respect of the application,
shall become due and payable on that date;
(b) is not presented to the Registrar on a date on or before the expiration of 30 days after the service of the notice—
(i) the prescribed fee payable in respect of the application; and
(ii) any additional fee payable under section 33 in respect of the application,
shall become due and payable on the day immediately following the expiration of those 30 days.

### Land Titles Ordinance 《土地業權條例》

35. Priority of registered matters
(Not yet in operation)
(1) Subject to subsections (3), (4), (5) and (6) and section 9 of Schedule 1, matters appearing in the Title Register shall have priority according to the order in which the applications which led to their registration were presented to the Registrar, irrespective of the dates of the applications (including the dates of the instruments, if any, supporting the applications) and notwithstanding that the actual entry in the Title Register may be delayed.
(2) Where a first charge under the provisions of any enactment is not an overriding interest, then, in so far as the charge relates to land, and notwithstanding those provisions or the fact that the term “first charge” is used therein, that charge shall have priority as determined in accordance with subsection (1).
(3) Any first charges arising under section 67(2) of the Stamp Duty Ordinance (Cap. 117) shall have priority according to the order in which the instruments to which they respectively relate were registered under the Land Registration Ordinance (Cap. 128), irrespective of the order in which any such charges are registered under this Ordinance and notwithstanding the operation of section 67(4) of the Stamp Duty Ordinance (Cap. 117).
(4) It is hereby declared that where—
(a) a consent caution (“first consent caution”) referred to in section 71(3) has been registered in respect of a dealing;
(b) the provisional agreement for sale and purchase or agreement for sale and purchase to which the first consent caution relates is stamped or endorsed under the Stamp Duty Ordinance (Cap. 117); and
(c) another consent caution (“second consent caution”), accompanied by that stamped or endorsed provisional agreement for sale and purchase or agreement for sale and purchase, as the case may be, is registered in respect of that dealing not later than 30 days after the registration of the first consent caution,
then the second consent caution shall enjoy the same priority as the first consent caution, as if it had been registered on the same date as the first consent caution.
(5) If a consent caution is registered in relation to an interest under a provisional agreement for sale and purchase or an agreement for sale and purchase, then, upon the registration of the dealing to which the consent caution relates, the priority of all matters registered after that consent caution is registered shall be postponed as against that dealing.
(6) A charging order or non-consent caution which is duly registered shall have priority from the commencement of the day following the date of its registration.

### Land Titles Ordinance 《土地業權條例》

36. Charging orders and lis pendens, etc.
(Not yet in operation)
(1) Subject to subsections (2), (3) and (4)—
(a) the registration of a charging order shall cease to have effect immediately upon the expiration of 5 years from the date of registration of the order but the order may be re-registered from time to time and, if so re-registered, the re-registration of the order shall have effect for another 5 years from the date of re-registration; and
(b) if the re-registration of a charging order is made before the expiration of a current period of registration or re-registration of the order, then the order shall retain its original priority.
(2) The operation of subsection (1) in respect of a charging order shall be subject to any express stipulation to the contrary contained in the order except any such stipulation which purports to provide that the registration of the order shall have effect for a period longer than 5 years from the date of registration.
(3) The variation of a registered charging order shall be effected by the registration of an order of a court of competent jurisdiction providing for the variation.
(4) The discharge of a registered charging order shall be effected by the removal of the entry in the Title Register referring to the order consequent upon the presentation to the Registrar of an order of a court of competent jurisdiction providing for the discharge.
(5) Without prejudice to the generality of any other provisions of this Ordinance under which the registration of a judgment, order or lis pendens may be removed or withdrawn, subsections (1) and (2) shall, with all necessary modifications, apply to a judgment, order or lis pendens as they apply to a charging order.
(6) A charging order, judgment or order shall be registered in the manner prescribed by the regulations.