Page:Land Titles Ordinance (Cap. 585).pdf/51

LAND TITLES ORDINANCE (8) The Commissioner, within the meaning of the Estate Duty Ordinance (Cap. 111), shall be entered in the Title Register as the cautioner in respect of a non-consent caution referred to in subsection (7) which has been registered, and the other provisions of this Ordinance (including section 73) shall be construed accordingly.

(9) The Registrar may require the person presenting an application for the registration of a consent caution or non-consent caution to support the application by such evidence as the Registrar requires.

(10) Subject to subsections (11) and (12), the Registrar shall register a consent caution or non-consent caution.

(11) The Registrar may refuse to register a consent caution or non-consent caution the purpose of which he considers can be effected by an entry in the Title Register other than an entry referring to the caution.

(12) An instrument providing for a floating charge, whether or not it specifically identifies any registered land or registered long term lease charged, shall not be treated as providing for a matter registrable as a consent caution or non-consent caution.

(13) A lis pendens shall be treated as providing for a matter registrable as a non-consent caution.

72. Effect of cautions, etc.

(1) Where a consent caution has been registered in respect of registered land, a registered charge or a registered long term lease, the consent caution shall not of itself prohibit the registration of matters in the Title Register affecting the land, charge or lease.

(2) Where a non-consent caution has been registered in respect of registered land, a registered charge or a registered long term lease, the non-consent caution shall not of itself prohibit the making of entries in the Title Register affecting the land, charge or lease.

(3) For the avoidance of doubt, it is hereby declared that the registration of a consent caution shall not—
 * (a) of itself affect the validity or otherwise of the interest which is the subject of the consent caution; or
 * (b) without prejudice to the generality of paragraph (a), constitute a warranty, or a guarantee, as to the validity of the interest which is the subject of the consent caution.

(4) For the avoidance of doubt, it is hereby declared that the registration of a non-consent caution shall not—
 * (a) of itself affect the validity or otherwise of the winding-up petition or claim which is the subject of the non-consent caution; or