REGISTERING PROPERTY QUESTIONNAIRE Hong Kong SAR, China

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1 Dear Contributor, REGISTERING PROPERTY QUESTIONNAIRE Hong Kong SAR, China We would like to thank you for your participation in the Doing Business project. Your expertise in the area of Registering Property in Hong Kong is essential to the success of the Doing Business report, one of the four flagship publications of the World Bank Group that benchmarks business regulations in 189 economies worldwide. The Registering Property indicator, which measures the quality and efficiency of land administration, is one of the 11 indicator sets published by the Doing Business report. The report attracts much attention around the world. The latest edition, Doing Business 2016: Measuring Regulatory Quality and Efficiency, introduced improvements in 6 of 11 Doing Business indicator sets. It received over 7,000 media citations within just 3 weeks of its publication on October 27, 2015 and 31.4 million twitter accounts were reached with Doing Business mentions within that same period. The coverage spanned major global, regional and local media outlets, from print and broadcast to the web. The Doing Business website had over 1 million page views and nearly 60,000 downloads within 3 weeks after the report s launch. Governments worldwide read the report with interest every year, and your contribution makes it possible for the Doing Business project to disseminate the regulatory best practices that continue to inspire their regulatory reform efforts. Since 2010, 92 economies have implemented 135 reforms making it easier to transfer property. In 2014/15, 22 economies implemented reforms such as combining or eliminating registration procedures, integrating electronic platforms, introducing expedited procedures and improving administrative efficiency. We are honored to be able to count on your expertise for Doing Business Please do the following in completing the questionnaire: Review the assumptions of the case study before updating last year's information in the questionnaire. Describe in detail any reform that has affected the process of transferring a property since June 1, Please pay special attention to the questions on the overall quality of land administration systems at the end of the questionnaire. Be sure to update your name and address if necessary, so that we can mail you a complimentary copy of the report. Kindly return the questionnaire to Frederic Meunier at [email protected]. We thank you again for your invaluable contribution to the work of the World Bank Group. Sincerely, Frederic Meunier Tel: Fax: (202) [email protected]

2 Primary Contributor Information: Please check the box next to information you do not want us to publish. Name Title (Mr., Ms., Dr.) [Mr] Do not publish First Name Last Name Contributor [Andas] [Lau] Never Published Position (e.g. manager, associate, partner) Profession (e.g. judge, lawyer, architect) [Customer Service Manager] [Land Registry] Contact details Do not publish Firm name [The Land Registry of Hong Kong] Website [ Do not publish address Do not publish Phone [ ] Never Published Do not publish Fax [ ] Mobile phone [ ] Firm Address Street [19/F, P.O. Box [ ] Queensway Government Offices, 66 Queensway Central] City [ ] State/ Province [ ] Zip/Postal code [ ] Country [Hong Kong, China] 7 HKG 314 Additional Contributor(s): If there are more people whom you would like us to acknowledge, kindly send us an e- mail. Name Occupation Phone Address [title] [first name] [last name] [firm] [position] [profession] [ ] [phone] [mobile] [street] [state/province] [city/country] [title] [first name] [last name] [firm] [position] [profession] [ ] [phone] [mobile] [street] [state/province] [city/country] [title] [first name] [last name] [firm] [position] [profession] [ ] [phone] [mobile] [street] [state/province] [city/country] Paperless Option for Complimentary Report and Certificate Last year, Doing Business contributors saved nearly half a million pieces of paper by selecting the paperless report option. We welcome you to join us in conserving resources: Please me an electronic copy of the report and my certificate of appreciation, rather than mailing me a paper copy. Referrals: Please help us expand our list of contributors by referring us to other experts in the private or public sector (lawyers, notaries, public officials or any expert on this field) who can respond to the questionnaire. First name Last name Position Firm Address Phone

3 [ Billy] [ Ma] [ Solicitor] [ Hobson & Ma] [ Emily] [ Lam] [ Partner] [ P.C. Woo & Co, Solicitors and Notaries] [ 13/F Tower 2, New World Tower, 18 Queen's Road Central, Hong Kong] [ 12 th Floor Prince's Building, 10 Chater Road, Central, Hong Kong] [ ] [ ] [ [email protected]] [ [email protected]]

4 1. CASE STUDY ASSUMPTIONS The Registering Property indicator records the full sequence of procedures necessary for a business to purchase a property from another business and to transfer the property title to the buyer's name. In addition, it measures the overall quality of the land administration systems. In order to assess the time, cost and number of procedures required to complete the process of property transfer, a specific set of assumptions needs to be considered. 1.1 Scenario You are helping your client, a limited liability company, purchase a commercial warehouse that is registered at the Land Registry in Hong Kong. This case is a transfer of property, not the first-time registration of a property. Assumptions Parties Property Transaction The buyer and seller are local limited liability companies located in Hong Kong. They are owned by private nationals (with no foreign or state ownership) and perform general commercial activities. The property consists of land and a 2-story building (warehouse): the land area is square meters (6,000 square feet), and the warehouse has a total area of 929 square meters (10,000 square feet). The value of the property is HKD 15,992,921 (equivalent to USD 2,016,000, equal to 50 times income per capita). The property is registered in the land registry; it is free of title disputes and has no mortgages attached to it. The seller company has owned the property for the past 10 years. The seller company has accepted the buyer company's offer to purchase the property. The parties will undertake every procedure that is officially required or needed in practice to transfer the ownership of the property. 1.2 Definitions The questionnaire divides the process for transferring a property into distinct procedures and collects information on the time and cost of completing each procedure according to the following definitions: Definitions Procedures Time Cost A procedure is an interaction of the buyer or the seller, their agents or the property with external parties, including government agencies, inspectors, notaries and lawyers. Procedures that take place simultaneously are marked with an asterisk (*). Time is measured in calendar days. The minimum time for a procedure is 1 day. For procedures that can be completed online in less than 1 day, the duration is noted as Less than one day (online procedure). Cost reflects only official fees and taxes; bribes are excluded. Value added tax (VAT) and capital gains should not be included in the cost. Please always refer to the case study assumptions and definitions when describing the property transfer process.

5 2. REFORM UPDATE 2.1 Has there been any administrative or legal change since June 1, 2015 affecting the process for transferring a property or the land administration system? No IF YES: Please indicate the name and date of the law or regulation: Please provide the link to the law or regulation if possible: Please describe the administrative or legal change: Has this change simplified or complicated your daily work related to property transfers? Please explain: 2.2 Last year Doing Business recorded the following project that was expected to have an impact on the property transfer process or the land administration system (if no reform is shown here, please go to question 2.3): Expected reforms Is it now in If yes, since Is the transfer process now place? when? easier or more complex? No expected reforms -Click to Select- -Click to Select- Please explain: 2.3 Are you aware of any reform (change in practice or in laws or regulations) related to the process for transferring a property or the land administration system that is ongoing: BEFORE June 1, 2016? Please describe: (a) LAND REGISTRY The following enhancements to the search land register function of the computer system i.e. Integrated Registration System (IRIS) for online public search have been / will be released during the period from June 2015 to June 2016: (i) New Alert Function for Duplicate Order (for Subscribers) (July 2015) (ii) Adoption of ISO/IEC 10646: Amendment 1 Coding Standard for Encoding Chinese Characters (August 2015) (iii) Increasing the File Size Limit for Land Record Orders Delivered by "View by Browser" and "By Download" (December 2015). (iv) New alert functions: (1) To send notification to non-government subscriber when his/her account s unused balance has dropped below his/her pre-set balance threshold. A subscriber can choose to receive notification by and/or alert message on screen according to his/her preference; and (2) To show alert message on screen before the system terminates the connection of the customer to the IRIS website due to a period of inactivity. (April 2016).

6 AFTER June 1, 2016? The above enhancements will further enhance the efficiency of online searches of land records and suit users' needs. History of enhanced functions is available on the IRIS website: elp/topic23.jsp (b) LANDS DEPARTMENT The cadastral records of the Lands Department (LandsD) are linked up with the the land registration records of the Land Registry (LR) by a common identifier. To realise this linkage in the public domain, the Property Reference Number assigned by the LR for each land registration record has since March 2016 become retrievable along with the search of land lot locations in LandsD's website GeoInfo Map: ndex.jsp Further enhancement to IRIS is scheduled to be released after June 1, 2016.

7 3. LIST OF PROCEDURES FOR TRANSFERRING PROPERTY For your convenience, last year s answers are included in this questionnaire. They represent a unified response, based on all the answers received from various contributors. Because they represent the responses from all Doing Business contributors in your economy, they may not match the specific answers that you or your colleagues in your firm provided last year. Please update the data for property transfers taking into account the assumptions of the case study presented in section 1. Please describe any change to the data in detail and indicate since when the change took effect. Please specify whether the changes you make are because of: A reform any modification to the property transfer process (in practice or in law) after June 1, 2015; A correction meaning that the unified answer was erroneous and did not reflect the reality in your country; Other relating to other external factors affecting the property transfer process. 3.1 Data Update Procedure 1 Cost Cost last year: HKD 25 Time Online procedure Purchaser s solicitor does a land search at the Land Registry Cost update: Time last year: Less than a day (online procedure) Time update: Can it be completed online? Since when? 2005 Update: -Click to Select- Update: Update: Website: Agency Agency last year: Land Registry and online Agency update: Details: It is a common Procedure that the Buyer's solicitor will conduct a land search before execution of the Agreement for Sale and Purchase (ASP) to ensure that the previous registration title of the property is complete and that no unusual encumbrance is registered against the property. All land records are available for search by the public by doing an online search. The service hours of an online search services have been extended from 16 to 20 hours daily since August In 2010/11, searches conducted online constituted about 91% of the total search volume. It is a common Procedure that the Purchaser s solicitor conducts a land search online on the day of execution of the Procedure details: agreement for sale and purchase as a due diligence check. The prescribed fee is HK$25 for a full land search (which provides all historical and current data affecting the property) and HK$10 for an up-date land search (which provides the current data). This will take about one (1) day and in fact, immediately if it is done through the online internet service provided by the Land Registry, which many law firms in Hong Kong would have subscribed to such service. Your comments: In 2015/16, the percentage of searches conducted online was about 92% of the total search volume. If you made changes to last year s information, what is it due to? -Click to Select- Please explain the changes and provide the legal basis when applicable: Procedure 2 Cost Time Preparation of (i) Sale and Purchase Agreement and (ii) Assignment Cost last year: HKD 450 (Assignment registration fee) + HKD 30, % of value exceeding HKD 5,000,000 (solicitor s fee according to Solicitors -General- Costs Rules (Cap. 159G) which is negotiable). Cost update: HK$17,245 to HK$28,741 (solicitor's fee, negotiable) Time last year: 5 days Time update: 2 to 3 days

8 Online procedure Can it be completed online? No Since when? Website: Update: -Click to Select- Update: Update: Agency Agency last year: Solicitors' firm Agency update: Details: The Property Assignment will give the purchaser legal title and possession of the Procedure details: property. Your comments: If you made changes to last year s information, what is it due to? Other Please explain the changes and provide the legal basis when applicable: Time: The time for preparation of the sale and purchase agreement ("ASP") and assignment document alone may be 2 to 3 days. Enhanced versions of the e-memorial Form for use by solicitors since 19 January 2012 have helped shortening the time for this Procedure. The enhanced versions include (a) an auto-fill function which enables solicitors to retrieve property particulars online from the Land Registry's computer system for filling in the form and (b) data import function that allows solicitors to transfer information from a computer worksheet e.g. Excel to produce multiple memorial forms in one go instantaneously. The reform has simplified and quickened the preparation of ASP and assignment for submission to Land Registry for registration by solicitors (Link to the e- Memorial Form: Further, Schedule 3 to the Conveyancing and Property Ordinance (Cap. 219) contains ready-to-use template for preparing ASP of a building unit (Form 2). Solicitors can prepare the ASP within a short period of time by drawing on the templates. Please see the template at Cost: In 1997, the Law Society of Hong Kong issued a circular to its members confirming that solicitors and their clients may negotiate the fees for conveyancing. Over the years, the market force of competition has caused a considerable drop in the conveyancing costs in Hong Kong. The legal profession reveals that the actual amount of fees charged by them may be in the range of 30% to 50% of the scale fee (translating into HK$17,245 to HK$28,741 in the subject case where the value of the property is HK$15,992,921). The cost of HK$450 (being the registration fee for the Assignment) is payable as and when the Assignment is lodged with the Land Registry for registration under the Procedure 4 & 5 combined. Therefore, this cost of HK$450 should be deleted from this procedure and be included under Procedure 4 & 5 combined. Procedure 3 Cost Time Online procedure Agency Execution of Sale and Purchase Agreement and filing at the Land Registry Cost last year: HKD 210 Cost update: 7.5% [stamp duty for the Sale and Purchase Agreement ("ASP")] + HK$210 (ASP registration fee) Time last year: 14 days - 30 days Time update: 16 days Can it be completed online? No Since when? Website: Update: -Click to Select- Update: Update: Agency last year: Land Registry Agency update: Stamp Office (for settlement of stamp duty) and Land Registry (for registration of the ASP)

9 Details: The Purchaser s solicitor registers the executed agreement for sale and purchase with the Land Registry. At this time, the Purchaser usually gives a 10% down payment on the property and has time to arrange financing for the remainder owed. During the 30-day period, the Purchaser s solicitor prepares an Assignment deed. In addition, during this period of time, the Buyer's solicitor will complete perusal of title deeds and clarify any title issues with the Seller's solicitors and confirm good title to the Buyer (through a final land search on the property to ensure there has not been any competing deed lodged with the Land Registry after the executed agreement for sale and purchase has been registered with the Land Registry). Your comments: Prcedure details update: This procedure should be renamed "Execution of Sale and Purchase Agreement and filing at the Land Registry after stamping". The Stamp Duty (Amendment) (No. 2) Ordinance 2014 ( Amendment Ordinance ) was gazetted on 25 July The Amendment Ordinance provides, inter alia, that the timing for charging the ad valorem stamp duty (AVD) on non-residential property transactions be advanced from the conveyance on sale to the ASP executed on or after 23 February Procedure details: A reciprocal hyperlink has been built between the Land Registry's website and Inland Revenue Department's e-stamping website since February The purchaser's solicitor can make use of the one-stop user interface at the Land Registry's website so that he can pay stamp duty at the e-stamping website, prepare e-memorial Form for the ASP at the Land Registry's website and then file the ASP at the Land Registry. As a result of the introduction of e-stamping in 2004, 76% of property stamp duty is now using e-stamping. Moreover, about 60% of memorials are prepared by using the e- Memorial Form. Purchaser's solicitor submits all necessary forms and documents for stamping and pays the stamp duty on-line, prints the stamp certificate, attaches it to the ASP as evidence of stamping, prepares e-memorial Form and then delivers the ASP with stamp certificate and e-memorial Form to the Land Registry for registration. All the above tasks can be completed simultaneously on the same day. The 30-day period for execution of the ASP and filing at the Land Registry appears to have been incorrectly stated under Procedure 3. The time for arranging finance for the balance of the purchase price (90%) is independent from the time required for registration of the executed ASP. Usually, the financial arrangement and title checking by the Buyer s solicitors would be carried out after signing of the ASP and up to the time of execution of the assignment. As publicised on the Land Registry's website < the average number of days between execution of the ASPs and their delivery to the Land Registry for registration from 1 February 2015 to 31 January 2016 is about 16 days. Generally, this is the time required to complete Procedure 3. If you made changes to last year s information, what is it due to? Correction

10 Please explain the changes and provide the legal basis when applicable: The task for preparation of assignment has already been included in Procedure 2. As already mentioned in the "Procedure Details" of this procedure, the 30 days should not have been included under this Procedure. An update has also been provided on that ASPs would be lodged for registration within 16 days after execution. Please refer to the Land Registry's website < The Stamp Duty (Amendment) (No. 2) Ordinance 2014 was gazetted on 25 July Thereafter, the timing for charging AVD on non-residential property transactions is advanced from the conveyance on sale to the agreement for sale and purchase executed on or after 23 February Procedure 4 Cost Time Online procedure Agency Procedure details: The Purchaser's solicitor settles the stamp duty payable with the Stamp Office via e-stamping Cost last year: 7.5% stamp duty for non-residential property Cost update: HK$100 (fixed stamp duty on property Assignment) + HK$450 (Assignment registration fee as referred to in procedure 5) Time last year: Less than a day (online procedure) Time update: Can it be completed online? Since when? 2004 Update: -Click to Select- Update: Update: Website: ng/tax/e_stamp.htm Agency last year: Stamp Office Agency update: Stamp Office (for settlement of stamp duty) / Land Registry (for registration of the Assignment) Details: All necessary forms and documents for stamping can be submitted online ( or in paper. The process of submission and payment is straight forward, details of the transaction are submitted over the internet, a stamp invoice is issued immediately which can be printed. After the online payment of stamp duty, solicitors can print the stamp certificates and attach them to the instruments as evidence of stamping. Payment of the stamp duty can be done using different methods, (PPS, MasterCard, and Visa). The current payment limits for credit cards are HK$5,000. If the duty amount exceeds the payment limits, payment can be made offline by printing a payment notice for settlement by telephone, bank ATM, internet or in person at the Stamp Office or Post Offices. After payment of stamp duty, a stamp certificate will be issued instantly and available for printing. Each stamp certificate will have its own "Stamp Certificate Number". For online payments and e-stamping, it is not required to present the original instruments to the Stamp Office. Details of the e-stamping service in Hong Kong are available at Both methods fulfill the stamping requirement equally. Under the conventional method no stamp certificate is issued, instead, the relevant document (e.g. the assignment) would be stamped by the Stamp Office with the value of stamp duty paid.

11 Your comments: This procedure should be renamed "The Purchaser's solicitor settles the stamp duty payable and registers the property Assignment at one-stop user interface on the Land Registry's website" and old Procedures 4 and 5 should be combined as one procedure. Procedure details update: A reciprocal hyperlink has been built between the Land Registry's website and Inland Revenue Department's e-stamping website since February The purchaser's solicitor can make use of the one-stop user interface at the Land Registry's website so that he can pay stamp duty at the e-stamping website, prepare e-memorial Form for the Assignment at the Land Registry's website and then file the Assignment at the Land Registry. Therefore, the old Procedures 4 and 5 can be completed concurrently. Purchaser's solicitor submits all necessary forms and documents for stamping and pays the stamp duty on-line, prints the stamp certificate, attaches it to the Assignment as evidence of stamping, prepares e-memorial Form and then delivers the Assignment with stamp certificate and e-memorial Form to the Land Registry for registration. All the above tasks can be completed simultaneously on the same day. The registration fee (HK$450) for Assignment (i.e. the fee which was included in last year's Procedure 2) should be payable to the Land Registry at this stage. If you made changes to last year s information, what is it due to? Correction Please explain the changes and provide the legal basis when applicable: Consolidation of Procedures 4 and 5 are possible as a result of the building of a reciprocal hyperlink between LR's website and Inland Revenue Department's e-stamping website since February The purchaser's solicitor can now make use of the one-stop user interface at the Land Registry's website ( so that he can pay stamp duty at the e-stamping website via the 'Property e-stamping' window on the Land Registry's website, prepare the e-memorial Form for the Property Assignment at the Land Registry's website via the e-stamping website and then file the Assignment at the Land Registry. Therefore, the old Procedures 4 & 5 can be completed concurrently. Please refer to the screen-cap of the e-stamping webpage showing the window to the e-memorial Form web page attached for reference. Hence the purchaser s solicitor can complete Procedures 4 & 5 simultaneously on the same day. Procedure 5 Purchaser s solicitor registers the Property Assignment at the Land Registry Cost Cost last year: HKD 450 Cost update: 0 Time Online procedure Agency Procedure details: Time last year: 1 day Time update: 0 Can it be completed online? No Since when? Website: Update: No Update: Update: Agency last year: Land Registry Agency update: Details: The duly stamped Assignment will then be presented by the solicitors to the Land Registry. The purchaser s solicitor shall register the Assignment at the Land Registry within 30 days from the date of Assignment so as to preserve its priority under the law. After receipt of the original Assignment by the Land Registry,the Land Registry will complete the registration and return the Assignment to the solicitor s office. The title is legally property of the purchaser once the Property Assignment is submitted to the Land Registry on the first day. The remaining days (or months) account for the Registry to document the transfer in microfilm and other media.

12 Your comments: This procedure should be deleted because it has already been included in the new Procedure 4. All time and cost information for last year's Procedure 5 should be deleted. In any event, the following corrections to the above "Details" are required: (a) Please delete "submitted to the Land Registry on the first day" and replace by the word "executed", as a conveyance takes effect upon execution and not by registration. (b) Please delete "The remaining days (or months) account for the Registry to document the transfer in microfilm and other media." If you made changes to last year s information, what is it due to? Correction Please explain the changes and provide the legal basis when applicable: This procedure should be deleted since registration of Assignment at the Land Registry has already been covered in the new Procedure 4. Thus, all time and cost information for last year's Procedure 5 should also be deleted accordingly. The registration fee (HK$450) for Assignment (i.e. the fee which was included in last year's Procedure 2) should be payable to the Land Registry under new Procedure 4. This registration fee of $450 was double-counted in last year's Procedures 2 and 5. Therefore, correction is required. 3.2 Additional procedures in the process for transferring property Please provide details below on any new or existing procedures that are not included in the list above. Procedure Name: Cost: Time: Online procedure Can this procedure be done online? -Click to Select- If, since when? Please provide the link to the website: Agency: Procedure details: If you made changes to last year s information, what is it due to? -Click to Select- Please explain the changes and provide the legal basis when applicable: Please indicate the sequence of this new procedure (for example: between procedures 2 and 3) or describe when it takes place: Can this procedure take place simultaneously with another procedure? If so, which one(s)?

13 4. QUALITY OF LAND ADMINISTRATION INDEX This section is dedicated to the Quality of Land Administration Index, which evaluates 4 main areas: the overall reliability of infrastructure; transparency of information; geographic coverage; and land dispute resolution mechanisms in place. When answering the questions below, kindly disregard the case study assumptions (section 1). For your convenience, a summary of the responses provided last year to the same questions is included. Because they represent the responses received from all Doing Business contributors in your economy, they may not match the specific answers that you or colleagues in your firm provided last year. If any of your answers are the result of a reform that came into effect after June 1, 2015 kindly, mention it in the sections for changes comparing to the last year. Furthermore, when answering the questions below kindly indicate the name, reference and date of publication of the relevant law, when applicable. 4.1 RELIABILITY OF INFRASTRUCTURE INDEX Immovable property registration system a) What is the name of the institution in charge of immovable property registration in Hong Kong? b) Is the majority of title/deed records in Hong Kong held in a paper format or in a computerized format? If they are computerized, are they scanned documents or fully digital documents? (A scanned document is an image of a document, kept in electronic format or microfilm, whose content cannot be not used in searches and it is not extractable. Fully digital documents are those that have information input into fields, with content that is searchable and extractable.) c) Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions, etc.)? Cadastral/Mapping system a) What is the name of the institution in charge of the plans showing legal boundaries in Hong Kong (cadastre, parcel index, etc.)? b) Is the majority of plans in Hong Kong held in a paper format or in a computerized format? If they are computerized, are they scanned documents or fully digital documents? (A scanned document is an image of a document, kept in electronic format or microfilm, whose content cannot be not used in searches and it is not extractable. Fully digital documents are those that have information input into fields, with content that is searchable and extractable.) c) Is there an electronic database for recording boundaries, checking plans and providing cadastral information (Geographic Information System)? Interconnection Land Registry Computer/Scanned Land Registry Computer/Scanned The Survey and The Survey and Mapping Office of Mapping Office of the Lands the Lands Department Department Computer/Fully digital Computer/Fully digital

14 a) Is the information recorded by the immovable property registration agency and the mapping agency kept in a single database; different but linked databases or separate databases? b) Do the immovable property registration agency and cadastral/mapping agency use the same identification number for properties? The cadastral records of the Lands Department (LandsD) are linked up with the the land registration records of the Land Registry (LR) by common identifiers. To realise this linkage in the public domain, the Property Separate databases Reference Number Different databases but linked (PRN) assigned by the LR for each land registration record has since March 2016 become retrievable along with the search of land lot locations in LandsD's website GeoInfo Map: v.hk/gih3/view/index.jsp For registrations of land properties, both LandsD and LR adopt the same designation practice for land lots. Having the databases of LandsD and LR linked up by No common identifiers, the consistence and uniqueness of lot designations as adopted by both agencies are confirmed. Please refer to the LR: ov.hk/en/form/lot.ht m Since June 1, 2015, has there been any change in the areas above? This Year If yes, please explain: The data last year did not correctly reflect the interconnection between Hong Kong's immovable property registration agency (i.e. Land Registry) and the mapping agency (i.e. Survey and Mapping Office of the Lands Department). While the two databases are different and kept by the two agencies, they are in fact linked and using the same identification number, i.e. lot number.

15 To realise this linkage in the public domain, the Property Reference Number (PRN) assigned by the LR for the land registration record of eah lot has since March 2016 become retrievable along with the search of land lot locations in LandsD's website GeoInfo Map: Please see the attached sheet illustrating the enhanced feature on GeoInfo Map to facilitate the retrieval of PRN. 4.2 TRANSPARENCY OF INFORMATION INDEX Immovable property registration system a) Who is able to obtain information on land ownership at the agency in charge of immovable property registration in Hong Kong? b) Is the list of documents that are required to complete any type of property transaction made publicly available? If online, please provide the link: c) Is the applicable fee schedule for any property transaction at the agency in charge of immovable property registration in Hong Kong made publicly available? If online, please provide the link: d) Does the agency in charge of immovable property registration agency commit to deliver a legally binding document that proves property ownership within a specific deadline (service standards- e.g. 5 working days to deliver a new title)? If online, please provide the link: Anyone who pays the official fee, online k, online ov.hk/en/services/re g_fee.htm, online ov.hk/en/about/perfo rm.htm Anyone who pays the official fee, online k, online ov.hk/en/services/re g_fee.htm, online ov.hk/en/about/perfo rm.htm Registration of documents under the Land Registration Ordinance, Cap.128 does not confer title. It only accords priority to documents registered. The Land Registry is committed to complete registration of land document (which complies with the requirements of the Land Registration Ordinance) within 15 working days (i.e. excluding Saturday, Sundy and public holidays).

16 e) Is there a specific and independent mechanism for filing complaints about a problem that occurred at the agency in charge of immovable property registration through a telephone hotline, a mailing address, or other means? If yes, please provide the contact information: f) Are there official statistics tracking the number of transactions at the immovable property registration agency? No Telephone Hotline: (852) ; Fax No.: (852) ; [email protected] ; Mailing Address: Land Registry, Queensway Government Offices, 28/F, 66 Queensway, Hong Kong (Above contact information is available on Land Registry's website: ov.hk/en/contact/con tact.htm) If yes, are they made available to the public? What is the source of these statistics? ov.hk/en/monthly/m onthly.htm What is the total number of property transfers in Hong Kong that took place in 2015? ov.hk/en/monthly/m onthly.htm 103,394 Assignments were registered in 2015 Complaints to the Land Registry can be made through a customer service hotline, in writing, via fax or ov.hk/en/contact/con tact.htm Cadastral/Mapping system a) Who is able to consult plans in Hong Kong? b) Is the applicable fee schedule to get access to plans made publicly available? If online, please provide the link: c) Does the cadastral/mapping agency commit to deliver an updated plan within a specific deadline (service standards- e.g. 5 working days to update the plan)? If online, please provide the link: Freely accessible by Freely accessible by anyone anyone, online ov.hk/mapping/en/di gitalmap/common/doc/pr icelist.pdf, online ov.hk/en/images/doc /pledge2014_e.pdf), online ov.hk/mapping/en/di gital_map/common/ doc/pricelist.pdf, online ov.hk/en/images/doc /pledge2015_e.pdf Performance pledges updated.

17 d) Is there a specific and independent mechanism for filing complaints about a problem that occurred at the agency in charge of cadastral plans through a telephone hotline, a mailing address, or other means? If yes, please provide the contact information: No GovHK Help Desk: Tel. (852) enquiry@ g ov.hk The GovHK Help Desk is a round-theclock one-stop service for handling enquiries and complaints about public services. While LandsD receives complaints through the GovHK Help Desk, there are specific procedures and instructions under the quality management system (ISO 9001) of the Survey & Mapping Office (SMO) for handling complaints related to cadastral records and services of SMO. Since June 1, 2015, has there been any change in the areas above? 4.3 GEOGRAPHIC COVERAGE INDEX This Year If yes, please explain: The data last year did not correctly reflect the compliant mechanisms of Hong Kong's immovable property registration system and cadastral/mapping systems. As stated in and 4.2.2, there are specific and independent mechanisms for filing the relevant complaints Immovable property registration system a) Is every privately held land plot in the economy (Hong Kong SAR, China) formally registered at the immovable property registry? Last Year This Year If not, what percentage of land is registered? What are the main reasons for the registry not being complete?

18 b) Is every privately held land plot in Hong Kong formally registered at the immovable property registry? Last Year This Year If not, what percentage of land is registered? What are the main reasons for the registry not being complete? Cadastral/mapping system a) Is every privately held land plot in the economy (Hong Kong SAR, China) mapped? b) Is every privately held land plot in Hong Kong mapped? Last Year This Year If not, what percentage of land mass is mapped? What are the main reasons for the mapping not being complete? Since June 1, 2015, has there been any change in the areas above? 4.4 LAND DISPUTES RESOLUTION INDEX This Year -Click to Select- If yes, please explain: Legal background a) Does the law require that all property sale transactions be registered at the land registry to make them opposable to third parties? If yes, please specify the legal basis: b) Is the system of immovable property registration subject to a guarantee? If yes, what is the type of guarantee? According to Section 3(2) of the Land Registration Ordinance, all such deeds, conveyances, and instruments in writing, and judgments, as last aforesaid, which are not registered shall, as against any subsequent bona fide purchaser or mortgagee for valuable consideration of the same parcels of ground, tenements, or premises, be absolutely null and void to all intents and purposes but the aforesaid shall not extend to bona fide leases at rack rent for any term not exceeding 3 years. No According to Section 3(2) of the Land Registration Ordinance, all such deeds, conveyances, and instruments in writing, and judgments, as last aforesaid, which are not registered shall as against any subsequent bona fide purchaser or mortgagee for valuable consideration of the same parcel of ground, tenements, or premises, be absoultely null and void to all intents and purposes but the aforesaid shall not extend to bona fide leases at rack rent for any term not exceeding 3 years. No -Click to Select-

19 Please specify the legal basis: c) Is there any compensation mechanism to cover for losses incurred by parties who engaged in good faith in a property transaction based on erroneous information certified by the land registry? If yes, what kind of compensation is provided in this case? Please specify the legal basis: d) Does the legal system require a control of legality of the documents necessary for a property transaction (e.g. checking of contracts compliance with law requirements)? If yes, who is held responsible for verifying the contract compliance? Please select all that apply: Please specify the legal basis: e) Does the legal system require a verification of the identities who are parties to a property transaction? If yes, who is held responsible for verifying the contract compliance? Please select all that apply: Please specify the legal basis: f) Is there a national database to verify the accuracy of identity documents? No Lawyer. Lawyers owed the general duty of care to their clients for effecting validly executed legal documents Lawyer. Lawyers are required to comply with the requirements on client identification and verification in practice direction of the Law Society of Hong Kong. No Registrar Notary Lawyer Interested parties No one Other Lawyers owed the general duty of care to their clients for effecting validly executed legal documents Registrar Notary Lawyer Interested parties No one Other Lawyers are required to comply with the requirements on client identification and verification in practice direction of the Law Society of Hong Kong Formal land dispute resolution mechanisms

20 a) In case of a standard land dispute between two local businesses over tenure rights of a property worth HKD 15,992,921 located in Hong Kong, what is the court in charge of the case in first instance? How long does it take on average to obtain a decision from the first instance court for such a case (without appeal)? b) Are there any statistics on the number of land disputes in the first instance? If yes, what is the number of land disputes in 2015 and/or the land dispute rate (i.e. the percentage of land disputes out of the total number of disputes in the first instance)? What is the source of these statistics? On the basis that the "standard land dispute" in this question involves a dispute between two local businesses over tenure rights of a property worth HK$15,992,921 located in Hong Kong, usually they will be heard by the High Court, or the parties may go before the Lands Tribunal where the dispute arising from Hong Kong District specified land Court matters falling under the jurisdiction of the Lands Tribunal e.g. applications by landlords for possession of premises, arrears of rent, payment or other breach of tenancy terms; building management disputes; compensation for compulsorily resumption by Government for public purposes, etc. Between 1 and 2 years No Don't know Don t know Since June 1, 2015, has there been any change in the areas above? This Year No If yes, please explain:

21 5. RESEARCH QUESTIONS ON GENDER EQUALITY When answering the questions below, kindly disregard the case study assumptions (section 1). These questions examine if there are any differences in the treatment of married individuals and unmarried individuals as well as sons and daughters. When assessing if the law recognizes equal ownership rights over the property, please consider the capacity to own, use and administer it. Assume the individuals are married and under the default marital property regime or the most commonly used system. a) Do unmarried men and unmarried women have equal ownership rights to property? Please specify the legal basis: Basic Law, Art. 6 b) Do married men and married women have equal ownership rights to property? Please specify the legal basis: Basic Law, Art. 6 c) Do female and male surviving spouses have equal inheritance rights? Please specify the legal basis: d) Do sons and daughters have equal inheritance rights? Please specify the legal basis: Intestates' Estates Ordinance, Section 4 Intestates' Estates Ordinance, Section 5 Basic Law, Art. 6 and Art. 105, Hong Kong Bill of Rights, Art. 1 Basic Law, Art. 6 and Art. 105, Hong Kong Bill of Rights, Art. 1 Intestates' Estates Ordinance, Section 4 Intestates' Estates Ordinance, Sections 4 and 5 Thank you very much for completing the Registering Property questionnaire! We sincerely appreciate your contribution to the Doing Business project. The results will appear in Doing Business 2017 and on our website: Your work will be gratefully acknowledged in both, if you wish.