Hong Kong to Introduce Bill for New Land Title Registration System, Replacing 180-Year-Old Deeds System.

Government introduces bill into Legislative Council for implementing title registration system on new land

The Government announces today (February 27) that the Registration of Titles and Land (Miscellaneous Amendments) Bill 2025 will be introduced to the Legislative Council (LegCo) to amend the Land Titles Ordinance (Cap.585) (LTO), which has not yet come into operation, in order to implement the title registration system on newly granted land first.

A spokesperson for the Government said, "Hong Kong is among the few economies that still run a deeds registration system. The Government's policy objective is to progressively replace the deeds registration system, which has been in place in Hong Kong for more than 180 years, with the title registration system. That is because the title registration system provides certainty in land ownership and simplifies property transfer procedures, thereby providing an even more favourable business environment and bringing Hong Kong's land registration system in line with other jurisdictions. The Bill proposed by the Government to implement the title registration system on new land first is a milestone in the development of Hong Kong's land registration system, and an important step for Hong Kong to convert to the title registration system."

The current deeds registration system in Hong Kong gives no guarantee of title to the property. Therefore, during the property transfer process, it is necessary to thoroughly check the historical title documents to establish title to the property, complicating and lengthening the property transaction procedures. Property owners also need to safe-keep the title deeds of properties. In this regard, the Government enacted the LTO in 2004 to introduce the title registration system in place of the deeds registration system. However, as substantial changes were made during the scrutiny of the bill, the Government and the LegCo agreed that a thorough review should be conducted before commencement of the LTO. As a result, the LTO has not yet been put into operation as of today. Notwithstanding lengthy discussions and public consultations in the past years, consensus could still not be reached among various parties on major issues, most notably the mechanism for converting existing land to the title registration system. After consulting stakeholders, the Government proposes the approach of resolving simple matters first before tackling the difficult ones, and to implement the title registration system on new land first (i.e.the "New Land First" proposal) while dealing with conversion of existing land subsequently.

The Bill defines "new land" to mean land held under a government lease granted on or after the date on which the LTO comes into operation (operation date), and generally speaking, will include land granted on or after the operation date by way of land sale (auction or tender), by private treaty grant, and by land exchange (i.e. land re-granted after surrender).

Other major proposals in the Bill include:

(i) principle of indefeasible title: To provide title certainty and to align with the arrangements in other jurisdictions, it is proposed that the mandatory rectification rule in the enacted LTO be abolished. This is in line with the principle that the Title Register is conclusive evidence of title under the title registration system (i.e. the Title Register prevails). In other words, a bona fide and innocent purchaser for valuable consideration and in possession of the property will enjoy indefeasible title even in the event of a transfer of property through the fraud of a third party. The innocent former owner who loses the property will be entitled to compensation under the Land Titles Indemnity Fund (Indemnity Fund);

(ii)disapplication of adverse possession on new land: As the purpose of the title registration system is to give certainty to title, it is proposed that claims for adverse possession will not arise for new land under the "New Land First" proposal;

(iii) cap on Indemnity Fund and levy: The LTO has made reference to the arrangements in other jurisdictions and proposed the establishment of a self-financing Indemnity Fund based on the user-pay principle for the payment of indemnity to persons who suffer loss of interests in land to which the title registration system applies due to fraud. The Indemnity Fund will be built up by levy on transfers of properties registered under the title registration system, and a levy rate of 0.014 per cent of the consideration amount of each property being transferred is recommended. It is proposed that the indemnity be capped at $50million; and

(iv) minimising the risk of property fraud: It is proposed to put in place a series of measures to minimise the risk of fraud, including that a certificate of verification from a solicitor is required for an application for registration; property owners will be issued title certificates with advanced anti-forgery features; an application for a rectification order must first be made to the Court before claiming indemnity from the Indemnity Fund; the Land Registrar will be empowered to make a restriction order prohibiting the registration of a disposition of a property if there are reasonable grounds to suspect that a property fraud has been or is about to be committed; and a person who fraudulently lodging an application for registration or for indemnity payment will commit an offence.

​If the Bill is passed by the LegCo, the Government will formulate and introduce six pieces of subsidiary legislation into the LegCo for negative vetting next year. The Governmentwill also prepare for the implementation of the legislation and launch publicity and educational activities with the industry and the public in the same year, with a view to implementing the enacted legislation in the first half of 2027.

The spokesman added, "The 'New Land First' proposal adopts a pragmatic strategy of resolving simple matters first before tackling the difficult ones to reap the benefits of the title registration system as early as possible. We expect that the experience gained after the implementation of the title registration system on new land will enable various parties to reach a consensus on extending the implementation of title registration system to existing land. Indeed, parallel running of two registration systems for a considerable period of time is not uncommon in overseas jurisdictions. Regarding the conversion of existing land, we have kick-started internal research to assess the extent and types of problematic registers in the existing 2.9 million land registers to formulate recommendations on conversion. We will start discussion with stakeholders after the implementation of the legislation in the first half of 2027, with a view to progressively implementing the LTO on a wider scale."

The Government consulted the LegCo Panel on Development twice on December 19, 2022, and January 24, 2025. Members generally supported the introduction of the Bill into the LegCo.

The Bill will be gazetted tomorrow (February 28) and introduced into the LegCo for first reading on March 19. For details, please refer to the LegCo Brief issued today.

Update on chikungunya fever

The Centre for Health Protection (CHP) of the Department of Health announced that, as of 5pm today (December 25), no new cases of chikungunya fever (CF) had been recorded. Hong Kong has recorded a total of 81 confirmed CF cases this year. Among them, 11 were local cases, and the rest were imported cases.

Government's comprehensive follow-up actions

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Given that some local cases of CF have visited the Tsing Yi Nature Trails or the surrounding area in November, the trails are currently closed until further notice. Relevant government departments continue to conduct large-scale mosquito control and prevention efforts along the trails, the CHP appeals to the public not to enter the area in order to reduce the risk of contracting CF and to avoid exposure to chemicals or interfering with the mosquito control operations. Since the confirmation on December 10 of a case involving a person who had visited the Tsing Yi Nature Trails on November 30, no further local cases have been recorded to date. The CHP continues to urge individuals who have recently hiked along the Tsing Yi Nature Trails to seek medical attention as soon as possible if they develop relevant symptoms and to call the enquiry hotline (Tel: 2125 2373), which operates from 9am to 6pm.

The Food and Environmental Hygiene Department (FEHD) has been continuously conducting intensive fogging operations to eliminate adult mosquitoes along the Tsing Yi Nature Trails and the surrounding area. At suitable locations, large ultra-low volume foggers have been deployed, and a robot dog is being put on trial to enhance operational effectiveness. The FEHD has also set up new mosquito trapping devices, cleared discarded containers and garbage that could cause stagnant water, and applied larvicide oil or larvicides in areas with stagnant water that cannot be removed immediately. The FEHD has been collaborating with the Kwai Tsing District Office, the Lands Department and the Drainage Services Department to strengthen efforts in eliminating potential mosquito breeding sites along the Tsing Yi Nature Trails. Pamphlets have been distributed to hikers in the area, urging citizens to be vigilant against mosquito infestations and take personal protective measures. The FEHD also held meetings of the interdepartmental task forces on anti-mosquito work across districts, to discuss the latest developments regarding the situation and plan accordingly to co-ordinate relevant departments and stakeholders in strengthening mosquito prevention and control measures in areas under their purview.

Continuously strengthening prevention and control

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TheFEHDand relevant departments have comprehensively enhanced the mosquito control operations in Hong Kong since July this year, and this has continued. Among these, the FEHD has conducted vector investigations and targeted mosquito control operations against the imported and local cases. In light of the local case, the FEHD has immediately conducted follow-up actions, including:

carrying out intensive fogging in scrubby areas within a 250-metre radius of the relevant locations to kill adult mosquitoes;

carrying out inspections of the locations, removing stagnant water, applying insecticides and disposing of abandoned water containers every week with a view to preventing mosquito breeding; and

enhancing public education efforts through organising health talks, setting up mobile education stations, and distributing publicity leaflets.

The abovementioned measures will be continued. Furthermore, the Government will further enhance the mosquito control efforts in addition to the existing measures.

Preventive measures taken by the public

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Members of the public should use DEET-containing insect repellents or other effective active ingredients properly to prevent mosquito bites, but the following precautions should be taken when using them:

read the label instructions carefully first;

apply right before entering an area with a risk of mosquito bites;

apply on exposed skin and clothing;

use DEET of up to 30 per cent for pregnant women and up to 10 per cent for children (For children who travel to countries or areas where mosquito-borne diseases are endemic or epidemic and where exposure is likely, those aged 2 months or above can use DEET-containing insect repellents with a DEET concentration of up to 30 per cent);

apply sunscreen first, then insect repellent;

reapply only when needed and follow the instructions; and

in addition to DEET, there are other insect repellents available on the market containing different active ingredients, such as IR3535 and picaridin. When using any insect repellent, the public should follow the usage instructions and precautions on the product label.

The FEHD also appeals to members of the public to continue to stay alert and work together to carry out mosquito prevention and control measures early, including inspecting their homes and surroundings to remove potential breeding grounds, changing water in vases and scrubbing their inner surfaces, removing water in saucers under potted plants at least once a week, and properly disposing of containers such as empty cans and lunch boxes. The FEHD also advises members of the public and property management agencies to keep drains free of blockage and level all defective ground surfaces to prevent the accumulation of water. They should also scrub all drains and surface sewers with an alkaline detergent at least once a week to remove any mosquito eggs.

The public should call 1823 in case of mosquito problems, and may visit the following pages for more information: the CF page of theCHPand theTravel Health Service, the latestTravel Health News,tips for using insect repellents, and the CHPFacebook Page,Instagram AccountandYouTube Channel, and also theMosquito Prevention and Control dedicated pageof the FEHD.

Source: AI-found images