176 / 462
g a z e t t e
april 1991
However, perhaps the most
striking relevance of Irish law is in
the area of determining priority
between competing interests.
Briefly, the present Hong Kong
system is a hybrid between a
registration of title and a registry of
deeds system. It provides a register
of lands against which dealings can
be registered. In this respect it is
akin to a registration of title system.
However, the government does not
guarantee the title; registration of
an assignment in the Land Office
does not mean that the person
named as assignee is owner of the
land. The colonial administration
gives no guarantee in that respect.
One has still to look to the title
deeds to investigate title. In this
respect it is very much a Registry
of Deeds system. Registration at
the Land Office is for the purposes
of acquiring priority over other
registrable instruments.
The precursor of the Hong Kong
Land Registration Ordinance,
10
which provides a system for
determining priority between
competing instruments, was based
in part on the Registration of Deeds
Act (Ireland), 1707 and the Irish
cases were therefore and indeed
continue to be relevant.
11
There
are, however, a number of serious
loopholes in the present system
and over the years there have been
several calls for substantial amend-
ment of the Ordinance or its
replacement by a system of
registration of title.
12
The Registrar General of Hong
Kong Government set up a working
party in 1988 to consider the
feasibility of introducing registra-
tion of title to land and has now
proposed the conversion of the
present system to a full registration
of title with government guarantee
of ownership.
13
Interestingly, the
time period proposed for such
conversion is only three years. The
working party examined a wide
range of registration of title sys-
tems including that of the Republic
prior to making its recommenda-
tion. The proposal has been
approved in principle by govern-
ment and the working party is
continuing its deliberations.
In the run-up to 1997 Hong Kong
is due to undergo major expansion
with hugh airport, port and housing
developments planned by the
administration. Unless registration
of title to land is introduced the
solicitor's task of ensuring proper
title to land will continue to be a
difficult one and reference to the
experience of other jurisdictions
including those of both Northern
Ireland and the Republic will no
doubt continue to be made.
FOOTNOTES
1 . Annex III to Sino-British Agreement on
the Future of Hong Kong, especially
paragraphs 1, 2 and 3.
2 . New Territories (Extension of Leases)
Ordinance, Chapter 1 50 of the Laws
of Hong Kong.
3 . Articles 1 20-123 of the Basic Law of
Hong Kong S.A.R. of the P.R.C.
promulgated by decree on 4th April
1990 following adoption by the
National People's Congress.
4. See Nield, Legal Framework of Deeds
of Mutual Covenant, Multi-Storey
Building Management, pp. 1 -25 esp at
12 (Hong Kong Law Journal Limited).
5 . Section 13, Conveyancing & Property
Ordinance, Chapter 219 of the Laws
of Hong Kong.
6. See Nield, The Conveyancing &
Property Ordinance, 1984
-
Questions & Solutions, (1985) Law
Lectures for Practitioners pp. 121-124.
7. There are no statutory equivalents in
Hong Kong to Sections 1 and 2 of the
Vendor and Purchaser Act, 1874 and
Sections 3 (1) and 13 (1), Convey-
ancing Act 1881 so investigation of
title for the full 60 years is necessary.
8. See Nield, Powers of Attorney - A
Title Headache,
Conveyancing
Miscellany - Title & Other Problems,
pp.33-40 (Hong Kong Law Journal
Limited) and cases cited therein. See
also
Leung Woon Chau -v- Gladeal
Limited
(1990) HC MP No. 597 of
1990, (unreported judgement of
Godfrey, J.).
9. See Sheehan, Missing Title Deeds -
All is not Lost, Conveyancing
Miscellany, pp.23-31 and cases cited
therein. See also
Chan Kam Sung &
Anor. -v- Grace Lam
(1990) HC MP No.
3276 of 1990, (unreported judgment
of Findlay, J.)
1 0. Chapter 128 of the Laws of Hong
Kong.
1 1 . See W. K. Thompson, The Land
Registration Ordinance of Hong Kong,
(1974) Hong Kong Law Journal
pp.242 et seq. The Irish cases on the
effect of written and unwritten
equities such as
Re Burke's Estate
(1881) 9 L.R. Ir. 24 and
Fuiierton
-v-
Provincial Bank of Ireland
[1903] A.C.
309 are relevant. See also
Financial &
Investment Services for Asia -v- Baik
Wha Securities
[1986] HKLR 106.
1 2. See Thompson, loc. cit at 270; Nield
at 6 above esp at 1 24 and Sheehan,
Commentary on
Ng Kam Ha -v-
Vincent Sina Traders Ltd.
18 HKLJ
302 at 305.
1 3 . See Paper dated 16th February 1990
of Registrar General of Government of
Hong Kong proposing conversion from
present system to registration of
title.
Patrick J. Sheehan Is an N.U.I, graduate
with B. Comm. and LL.M. degrees. Ha
has qualified aa a solicitor both In Ireland
and Hong Kong. He currently
practisea
In Hong Kong with Messrs. S. H. Leung
6 Co.
The Hon. Mrs. Justice
Susan Denham
The Government recently appoint-
ed Mrs. Susan Denham, S.C., to be
a Judge of the High Court. Called
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Dublin, Trinity College and
Columbia University, New York. She
was called to the Inner Bar in 1987.
She is regarded as an expert on
judicial review and extradition
matters, having done a lot of State
work in major extradition cases in
recent years. She was vice-
chairwoman of the Adoption Board
for a number of years.
Mrs. Denham is married to Mr.
Brian Denham, a paediatrican in
Our Lady's Hospital for sick
Children, in Crumlin, and they have
four children.
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