Section 24 — Land (Subsidiary Title) Enactment 2026

(a)

the building is totally destroyed;

(b)

the owner of subsidiary title seek to demolish the building, or in the case of a building which has been partially destroyed, the remaining parts of the building to be destroyed;

(c)

there is only one owner of subsidiary title for all the parcels; or

(d)

the lease of the lot is wholly or partially acquired by the Government, may be directed by comprehensive resolution to take action to terminate the subdivision of the building or land, and the management corporation if so directed shall lodge with the Registrar on a notification in Form I of the Schedule, together with the issued document of subsidiary title.

(2)

The Registrar shall, upon receipt of a notification under subsection (1) and if he is satisfied that no land revenue is outstanding in respect of the lot, make a memorial of the notification in the Register of Titles and the register of the subsidiary title and inform the

Government surveyor that he has done so.

(3)

Upon the making of a memorial under subsection (2) in respect of a subdivided building or land —

(a)

the subdivision shall be terminated and the owner of subsidiary title shall cease to be owner of the parcels; and

(b)

the management corporation shall become the owner of the lot as the trustee of the former owner of subsidiary title.

(4)

Where the management corporation becomes the owner of the lot under subsection

(3)

—

(a)

any registered charge on a parcel which existed immediately before the termination of the subdivision shall be converted into a personal obligation of the chargor to pay to the chargee what is due under the charge;

(b)

each of the former owner of subsidiary title shall continue to be a member of the management corporation, having the same voting rights as he had immediately before the termination of the subdivision;

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(c)

the management corporation shall hold and manage the lot for the benefit of the former owner of subsidiary title; and

(d)

the former owner of subsidiary title may, by comprehensive resolution, direct the management corporation to transfer the lot to any former owner of subsidiary title or to any other person.

(5)

Notwithstanding the termination of a subdivision under this section, the relevant files of the register of subsidiary title shall continue in existence while the management corporation remains the owner of the lot and may be used in evidence as a record of matters relating to the subdivision before its termination.

(6)

Where the management corporation, having become the owner of the lot under subsection (3), transfers the lot in pursuance of a direction under paragraph (4)(d) —

(a)

the management corporation shall continue in existence for so long as is reasonably necessary to wind up its affairs and shall then cease to exist; and

(b)

the Registrar shall cancel the relevant record of the register of subsidiary title.

(7)

A court of competent jurisdiction, if it is satisfied that the justice of the case so requires —

(a)

may, on the application of the management corporation, an owner or a registered chargee of a parcel, make an order —

(i)

directing the management corporation to take action under subsection (1) notwithstanding the absence of a comprehensive resolution; or

(ii)

prohibiting the management corporation from taking action under subsection (1) notwithstanding a direction given by comprehensive resolution; and

(b)

where the management corporation has transferred the lot in pursuance of a direction under paragraph (4)(d) may, on the application of the management corporation, a former owner, a former chargee or an owner of subsidiary title, make an order for the winding up of the affairs the management corporation.

(8)

In this section —

“former chargee” means a person who, immediately before the subdivision of a subdivided building or land is terminated under this section, is the registered chargee of a parcel in the building or land;

“former owner” means a person who, immediately before the subdivision of a subdivided building is terminated under this section, is the proprietor of a parcel in the building or land or of a development parcel on the land on which the building is situated;

“former owner of subsidiary title” means a person who, immediately before the subdivision of a subdivided building or land is terminated under this section, is the subsidiary owner of a parcel in such building or land; and

“Register of Titles” shall have the meaning assigned to it in section 4 of the Land

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Ordinance.

Variation of subdivision by Court