7 Oct 2016
CHEUNG WAH NIN AND OTHERS v. THE LAND REGISTRY AND ANOTHER
- Citation
- CHEUNG WAH NIN AND OTHERS v. THE LAND REGISTRY AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP3337/2015
The court held that substance governs over labels: the Deeds, by granting exclusive possession of defined areas for a term, created interests in land (tenancies) and, because they effectively disposed of the entire residue of the Grantors' leasehold estates up to the common expiry date, operated as assignments of the lease terms; accordingly the Deeds are instruments which affect land and are registrable under the Land Registration Ordinance, subject to compliance with the Ordinance's registration requirements and regulations.