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Monograph : Interpretation of a Land Search  
 

土地查冊紀錄 例3
Land Search Sample 3

 

土地註冊處 THE LAND REGISTRY

土地登記冊 LAND REGISTER

印製編號 PRINT CONTROL: 7654323

印製於 PRINT AT: CUSTOMER CENTRE

查冊日期及時間 SEARCH DATE AND TIME: 01/04/2005 14:30

查冊者姓名 NAME OF SEARCHER: X

查冊種類 SEARCH TYPE: HISTORICAL AND CURRENT

本登記冊列明有關物業截至 01/04/2005 08:30之資料
THE INFORMATION SET OUT BELOW CONTAINS PARTICULARS OF THE PROPERTY UP TO 08:30 ON 01/04/2005

備存土地紀錄以供市民查閱旨在防止秘密及有欺詐成分的物業轉易,以及提供容易追溯和確定土地財產及不動產業權的方法。土地紀錄內載的資料不得用於與土地紀錄的宗旨無關之目的,使用所提供的資料須符合《個人資料(私隱)條例》的規定。

The land records are kept and made available to members of the public to prevent secret and fraudulent conveyances, and to provide means whereby the titles to real and immovable property may be easily traced and ascertained. The information contained in the land records shall not be used for purposes that are not related to the purposes of the land records. The use of information provided is subject to the provisions in the Personal Data (Privacy) Ordinance.

物業資料
PROPERTY PARTICULARS

**************************************

物業參考編號
PROPERTY REFERENCE NUMBER (PRN): A3456789

地段編號
LOT NO :

TIN SHUI WAI TOWN
LOT NO.45

批約 HELD UNDER : GOVERNMENT LEASE
年期 LEASE TERM :FROM 4-1-1989 TO
30-6-2047
開始日期 COMMENCEMENT OF LEASE TERM:
4/ 1/ 1989
每年地稅 RENT PER ANNUM : -

所佔地段份數
SHARE OF THE LOT :

18/50321

ADDRESS:

FLAT 7 ON 30/F OF
BLOCK H
MING OI COURT
TIN SHUI ROAD
TIN SHUI WAI
YUEN LONG
NEW TERRITORIES

地址: -

備註
REMARKS :

THE RENT IS $1 P.A. (IF DEMANDED) UNTIL 30.6.1997 & THEREAFTER 3% OF THE RATEABLE VALUE OF THE LOT



業主資料
OWNER PARTICULARS

**************************************

業主姓名
NAME OF OWNER


身分
(如非唯一擁有人)
CAPACITY
(IF NOT SOLE OWNER)


註冊摘要
編號
MEMORIAL NO.


文書日期
DATE OF INSTRUMENT


註冊日期
DATE OF REGISTRATION


代價
CONSIDERATION


THE HONG KONG HOUSING AUTHORITY

-

-

-

-

-

 

備註 REMARKS : GOVERNMENT LEASE OF TSWTL 45

 

YAU
YAN YAN
KO
KENNETH

JOINT TENANT

JOINT TENANT

YL574260

20/ 11/ 1989

15/ 12/ 1989

$552,600.00

備註 REMARKS : WITH PLAN
YAU YAN YAN DIED SEE M/N YL895231

 

LEUNG
CHIN PANG

 

YL903002

31/ 3/ 2000

28/ 4/ 2000

$930,000.00

       



物業涉及的轇轕
INCUMBRANCES

**************************************

註冊摘要
編號
MEMORIAL NO.


文書日期
DATE OF INSTRUMENT


註冊日期
DATE OF REGISTRATION


文書性質
NATURE


受惠各方
IN FAVOUR OF


代價
CONSIDERATION


YL449324

4/ 1/ 1989

7/ 1/ 1989

MANAGEMENT UNDERTAKING BY THE HONG KONG HOUSING AUTHORITY

 

-

 

YL570238

1/ 11/ 1989

12/ 11/ 1989

DEED OF MUTUAL COVENANT AND DEED OF GRANT

-

-

 

YL570239

1/ 11/ 1989

12/ 11/ 1989

COMPLETION CERTIFICATE

 

-

 

YL574261

20/ 11/ 1989

15/ 12/ 1989

LEGAL CHARGE

XYZ BANK

$300,000.00

 

YL899051

27/ 1/ 2000

10/ 2/ 2000

RELEASE

   
 

YL895231

10/ 11/ 1999

29/ 11/ 1999

CERTIFIED COPY DEATH CERTIFICATE

 
     

備註
REMARKS:

RE YAU YAN YAN
"DECEASED"

 

YL900004

2/ 2/ 2000

29/ 2/ 2000

CERTIFIED TRUE COPY CERTIFICATE OF EXEMPTION FROM ESTATE
DUTY

 
     

備註
REMARKS:

IN THE ESTATE OF YAU YAN
YAN "DECEASED"

 

YL901123

2/ 3/ 2000

19/ 3/ 2000

AGREEMENT FOR SALE AND PURCHASE

LEUNG CHIN PANG

$930,000.00

 

YL903001

31/ 3/ 2000

28/ 4/ 2000

LETTER FOR THE REMOVAL OF THE ALIENATION RESTRICTIONS

 

-

     

備註
REMARKS:

FROM HONG KONG HOUSING AUTHORITY TO
KO KENNETH



等待註冊的契約
DEEDS PENDING REGISTRATION

**********************************************

註冊摘要
編號
MEMORIAL NO.


文書日期
DATE OF INSTRUMENT


交付日期
DATE OF DELIVERY


文書性質
NATURE


受惠各方
IN FAVOUR OF


代價
CONSIDERATION


──────無 NIL ──────

──────登記冊末端 END OF REGISTER──────

Land Search Sample 3 - residential property under government housing scheme

a.

Hong Kong Housing Authority as assignee of the land

The first owner of the property is the Hong Kong Housing Authority. The property was probably constructed under one of the government housing subsidy schemes such as the "Home Ownership Scheme" of the Hong Kong Housing Authority. Flats under these schemes are subject to the Housing Ordinance (Cap.283). Before the alienation restriction is removed, the sale and purchase of such flats are subject to rules and restrictions provided under the Housing Ordinance. The Ordinance also prescribes the standard agreements for sale and purchase in the sale of flats in the "Secondary Market of the Home Ownership Scheme". Section 17B of the Ordinance provides that any alienation of property (including sale, mortgage, lease, etc.) in contravention of the alienation restriction imposed by the Ordinance shall be void. Section 27A of the Housing Ordinance provides that a person shall commit a criminal offence if he purports to assign or otherwise alienate property in breach of the alienation restriction.

   
b.

Management undertaking by the Hong Kong Housing Authority memorial number YL449324

In this document the Hong Kong Housing Authority undertakes to manage the property.

   
c.

Completion certificate memorial number YL570239

This is usually issued for properties under government housing schemes where no occupation permit will be separately issued. According to Section 18 of the Housing Ordinance, Section 21 of the Buildings Ordinance (Cap.123), which provides for the issuance of occupation permits, does not apply to buildings constructed by the Housing Authority.

   
d.

Legal charge memorial number YL574261 and release memorial number YL899051

The previous co-owners of the property Yau Yan Yan and Ko Kenneth (who held the property as joint tenants) took out a legal charge to finance the purchase of the property. The registration of release memorial number YL899051 indicates that legal charge memorial number YL574261 has been discharged. The Land Registry usually places an instrument that has the effect of complying or discharging a prior instrument immediately after such instrument in the land register.

   
e.

Death certificate memorial number YL895231

Since the deceased, Yau Yan Yan, held the property in joint tenancy with another co-owner, Ko Kenneth, immediately before death, the deceased's interest in the property was automatically vested in the surviving joint tenant, Ko Kenneth on the deceased's death. Ko Kenneth thereby became the sole owner of the property. (The doctrine of survivorship is applicable to joint tenancy.)

   
f.

Certificate of exemption from estate duty memorial number YL900004

Under Section 5 of the Estate Duty Ordinance (Cap.111), any Hong Kong asset which passes, on the death of a deceased person, is liable to estate duty at the market value at the time of death. When dealing with property that was devolved from a deceased person, a purchaser should check whether the property is free from any charge for unpaid estate duty.

The registration of the certificate of exemption from estate duty memorial number YL900004 indicates that no estate duty is chargeable on the property in relation to the estate of Yau Yan Yan deceased. It would be advisable for the surviving joint tenant not to sell the property unless and until a certificate of exemption from estate duty or a certificate of payment of estate duty has been obtained because, under Section 24 of the Estate Duty Ordinance, he may be liable to a penalty if he deals with the estate of the deceased without first delivering to the Commissioner of Estate Duty accounts of the estate of the deceased.

   
g.

Letter for the removal of the alienation restrictions memorial number YL903001

The alienation restriction in the Housing Ordinance restricts disposal of the property on the open market within a five-year period. After the expiration of that period and after receiving the premium which must be paid prior to the assignment to a purchaser, the Housing Authority will issue a "Letter for the removal of the alienation restrictions". Failure to obtain such removal of the alienation restriction before completion of the sale and purchase may render the transaction void under Section 17B of the Housing Ordinance.

If no letter for the removal of the alienation restriction is registered, enquiries should be made with the vendor as to whether arrangements have been made for the payment of premium to the Hong Kong Housing Authority. The following provision must be inserted in the agreement for sale and purchase to comply with the requirements under the Housing Ordinance: "It is a condition of the agreement that the premium as assessed by the Director be paid to the Authority prior to assignment and within 28 days of the date of the agreement or within such period as may be otherwise stipulated by the Director." It should be noted that if the proposed transaction is a tenancy, no tenancy agreement should be signed unless removal of the alienation restriction has been obtained.

   
 
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