The Gazette 1991

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 to the Bar in 1971, Mrs. Denham was educated at Alexandra College, 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.

Psychological Services for Neuropsyche Assessment, Compensation Claims, Child Abuse and Family Law Contact: Clinical Psychology Consultants 42 Lower Baggot Street, Dublin 2. Tel: 612987.

Denis C. Guer in New York A t t o r ney at Law 6 2 43 Br oadway Suite A 26 Riverdale, New York 10471.

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S o l i c i t o r, I n c o r p o r a t ed L aw S o c i e ty of I r e l a n d, 1981.

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