Page:Land Titles Ordinance (Cap. 585).pdf/60

LAND TITLES ORDINANCE ::(iii) to which an order under section 82(1) or (3) relates (and whether or not the order grants or refuses the relevant application for rectification); or
 * (b) any mistake or omission on the part of any person referred to in section 11(3),

shall be entitled to be indemnified by the Government in respect of that loss.

(2) No indemnity shall be payable under subsection (1) to a person who—
 * (a) has himself caused or substantially contributed to the loss by his fraud or negligence; or
 * (b) derives title (otherwise than under a registered disposition made in good faith and for valuable consideration) from a person who so caused or substantially contributed to the loss.

(3) In this section, “omission” (遺漏) does not include a failure to deliver an application for registration.

(4) For the avoidance of doubt, it is hereby declared that—
 * (a) nothing in this Ordinance shall affect the validity or otherwise of any claim made under section 23A of the Land Registration Ordinance (Cap. 128) before the date of first registration of the registered land or registered long term lease concerned;
 * (b) no indemnity shall be payable under subsection (1) in respect of any fraud, mistake or omission discovered (whether in proceedings before any court or otherwise)—
 * (i) subject to subparagraph (ii), before the date of first registration of the registered land concerned and irrespective of whether any claim in respect thereof has been, or could have been, or could not have been, made under section 23A of the Land Registration Ordinance (Cap. 128) before that date; or
 * (ii) before the date of first registration of the registered long term lease concerned and irrespective of whether any claim in respect thereof has been, or could have been, or could not have been, made under section 23A of the Land Registration Ordinance (Cap. 128) before that date;
 * (c) no indemnity shall be payable under subsection (1) in respect of any fraud, mistake or omission—
 * (i) subject to subparagraph (ii), which occurred before the date of first registration of the registered land concerned and is discovered (whether in proceedings before any court or otherwise) on or after that date; or