Page:Land Titles Ordinance (Cap. 585).pdf/52

LAND TITLES ORDINANCE :(b) without prejudice to the generality of paragraph (a), constitute a warranty, or a guarantee, as to the validity of the winding-up petition or claim.

73. Withdrawal and removal of cautions

(1) A consent caution or non-consent caution may be withdrawn on the presentation to the Registrar by the cautioner of an application for the withdrawal of the caution.

(2) A consent caution or non-consent caution may be removed on the presentation to the Registrar of an application for its removal—
 * (a) in any case, by a person who has obtained an order of the Court for its removal;
 * (b) in the case of a consent caution, by the owner of the registered land or the registered charge, or the lessee of the registered long term lease, affected by the caution, but only if the Registrar is satisfied that the cautioner has agreed to its removal; or
 * (c) in the case of a non-consent caution, by the owner of the registered land or the registered charge, or the lessee of the registered long term lease, affected by the caution, but only if the Registrar—
 * (i) is satisfied that the owner or lessee has provided a copy of the application to the cautioner not less than 14 days before the presentation of the application to the Registrar; and
 * (ii) is satisfied—
 * (A) that the caution was wrongfully registered;
 * (B) that the ground on which the caution was registered no longer exists; or
 * (C) that the cautioner consents to the removal of the caution.

(3) Where the subject of a non-consent caution is a first charge under section 18(1) of the Estate Duty Ordinance (Cap. 111), then the Registrar may be satisfied for the purposes of subsection (2)(c)(ii) if the application referred to in that subsection is accompanied by—
 * (a) a statutory declaration made by the donor concerned, not less than 3 years after the date on which the gift concerned was made, that he is still alive;
 * (b) a death certificate showing a date of death of the donor concerned which is a date not less than 3 years after the date on which the gift concerned was made;
 * (c) any other evidence proving that the donor concerned is or was alive not less than 3 years after the date on which the gift concerned was made; or