Page:Land Titles Ordinance (Cap. 585).pdf/12

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LAND TITLES ORDINANCE
Ord. No. 26 of 2004
A1279

(2) It is hereby declared that—

(a) the title to land becomes registered under this Ordinance by virtue of an entry being made in the Title Register specifying a person as being the owner of that land, and references in this Ordinance to registered land shall be construed accordingly; and
(b) any reference in any other enactment to “register in the Land Registry” or “registered in the Land Registry”, or words to the like effect, shall be construed to mean register or registered under the Land Registration Ordinance (Cap. 128) or this Ordinance, as the case may require.

3. Application

(1) Subject to Part 4 and Schedule 1, this Ordinance applies to land held under a Government lease.

(2) Where land is vested in a person under the provisions of any other enactment and there is any conflict or inconsistency between the provisions of this Ordinance and the provisions of that enactment in relation to that land, then the provisions of that enactment shall, in relation to that land and to the extent of that conflict or inconsistency, as the case may be, prevail over the provisions of this Ordinance.

(3) Where an instrument supporting an application for registration of a transfer under this Ordinance is void under the provisions of any other enactment governing the validity of a transfer, then the provisions of that enactment shall, in relation to the land to which the transfer relates, prevail over the provisions of this Ordinance.

(4) Where—

(a) any provisions of any other enactment purport to provide that any legal or equitable interest in land or in a charge shall not be created, extinguished, transferred, varied or affected (or words to the like effect) except by an instrument (howsoever described) referred to in those provisions; and
(b) by virtue of the provisions of this Ordinance, such interest may only be created, extinguished, transferred, varied or affected, as the case may be, by the registration under this Ordinance of an application providing therefor,

then—

(c) without prejudice to any other ground on which the instrument may be void or voidable and notwithstanding any law, that instrument shall not be void or voidable on the ground that it does not, of itself, create, extinguish, transfer, vary or affect, as the case may be, such interest;