APPENDIX Y.
ANNUAL DEPARTMENTAL REPORT
OF THE
LAND OFFICER
AND
REGISTRAR OF MARRIAGES
FOR THE PERIOD
1ST APRIL, 1947 TO 31ST MARCH, 1948.
APPENDIX Y.
ANNUAL REPORT
PART I—LAND OFFICE.
Registration.
1. Registration of instruments affecting land is carried out under the Land Registration Ordinance, 1844, and the total registered in the year under review was 6,391, slightly overtopping the previous record of 6,345 in 1932. It was an increase of more than 50% over 1946-47, itself an active period.
2. Of these instruments 2,855 represented assignments of land as against 1,629 in 1946-47 and 1,277 in 1939 but the total considera- tion on such assignments was $143,640,294.72 as compared with $64,441,664.07 in 1946-47 and $23,236,495.71 in 1939.
3. It was to be expected that mortgages effected since the re-occupation would be more numerous than before the war but although the number of mortgages registered was approximately the same as in 1946-47 and indeed slightly less so far as the number of lots are concerned, the total advanced exceeded $72 million as compared with $41 million in the previous year.
4. Grants of representation were the same as the previous year-202.
5. The total consideration on sales, mortgages, surrenders and miscellaneous land transactions registered in the Land Office amounted to $253,562,305.21 which more than doubled the previous year and compares with a total of just under $50,000,000 in respect of the year 1939.
6. In July and August there was some delay in the registra- tion of assignments, mostly due to the necessity of assessing excess stamp duty. By an informal arrangement made with the Law Society a system of provisional registration was devised which worked satisfactorily, so that by internal organization it was possible wholly to dispose of arrears in the turnover of registration by October.
7. Totals of the instruments registered in the last ten years of which records are available are at Table I, and a monthly and categorical analysis at Table II.
Crown Leases.
8. The issue of Crown Leases came almost to a standstill in view of the shortage of staff. There were certain urgent cases and six were issued as against eighteen the year before but arrears, some of which enured from the pre-war period, remain to be dealt with under reorganization to take place in the succeeding financial year. Particulars of those issued are shown at Table IV and of the totals issued for the last ten years (for which figures are available) at Table I.
[ 2 ]
Exemptions from the Moratorium.
9. The provisions of the Moratorium, which prohibited dealing in land, were confined, after a short experimental period, to cases where land had been dealt with during the occupation, but these cases were considerable. It is estimated that there were some 5,000 transactions during those years. Power was delegated to the Land Officer to exempt from the prohibition of the Moratorium all cases where confirmatory assignments were presented by the parties, and to permit certain other transactions which did not offend a sense of justice or the provisions of the law. 503 such applications were investigated and decided upon as against 770 in the year before but it will be seen that there are many yet to be made. A total of 1,316 lots have been dealt with since the re-occupation and details relating to the three relevant periods are given in Table IX.
10. The second part of Table IX also shows exemptions which have been granted by His Excellency to permit mortgagees in particular circumstances to exercise their power of sale to liquidate pre-occupation mortgages.
Fees.
11. The total of fees collected (exclusive of the New Terri- tories) amounted to $122,544.50 as against $90,984.30 in 1946-47. Fees paid on the registration of deeds were the highest figure that has ever been recorded but the total revenue reflected the absence of any considerable fees for the issue of Crown Leases.
12. A monthly analysis is shown at Table V and Table VI gives the total fees collected during the last ten years for which figures are available.
13. Land Registration Fees in the New Territories were $37,308.90 as against $14,799 in the previous year and $11,470.90 for 1939 which represents a very considerable increase in activity. Crown Lease Fees
were nil.
14. Surrenders of 15 lots for public purposes were prepared and registered in the Land Office as compared with two in the previous year.
Stamp Duties.
15. Stamp Duties paid on registered documents (exclusive of Probates and Letters of Administration) amounted to $9,644,078.21 as against $1,687,226.81 in the previous year and $270,000 in 1939. It was the first full year in respect of which the excess stamp duty payable under the Stamp (Amendment) Ordinance, 1946 (since repealed and replaced) was applicable. The monthly figures can be
seen in the last column of Table III.
[ 3 ]
Crown Rents.
16. The number of lots entered on the Hong Kong and Kowloon Crown Rent Roll was 13,552, an increase of 39 over the previous year. Crown rents were $827,720.66, an increase of $41,433.46 over the previous year, which itself had increased by a somewhat similar amount over 1939. The increases were in the urban areas
and in Rural Building Lots.
Table VII is a statement by localities,
17. The number of lots entered on the Village Crown Rent Roll as shown by localities in Table VIII was 1,926, a decrease of one as compared with the previous year. Crown Rent was $1,294.55, a slight decrease from the previous year.
18. During the year the number of sections the Crown Rents of which were apportioned under the Crown Rents Apportionment Ordinance 1936, was 21 as compared with 20 in the previous year, and the fees collected for them were $279.
[ 4 ]
TABLE I
Number of Instruments Registered and Crown Leases Granted During the Year 1932 to 1947.
Year
Instruments Registered.
Crown Leases Granted.
1932
6,345
938
1933
5,152
721
1934
4,441
673
1935
4,044
503
1936
3,962
638
1937
3,347
742
1938
3,752
520
1939
3,839
497
1946/47
4,228
18
1947/48
6,391
6
TABLE II
Consideration on Instruments Registered in the Land Office for the period of 1st April, 1947-31st March, 1948.
Description of Instruments
Number Registered
No. of Lots or Portions
of Lots Affected
Total Consideration.
$
Assignment
2,855
3,187
143,640,294.72
Mortgages and Transfer of
Mortgages
1,348
1,731
72,276,730.00
Reassignments and Certificates
of Satisfaction
1,244
1,425
36.632,061.49
Surrenders
11
15
866,000.00
Judgments and Orders of Court
54
77
+
Miscellaneous Documents
517
556
147,219.00
Probates and Letters of Ad- ministration (Estate Duties and Interest $1,187,367.25)
Total
362
433
6,391
7,424
$253,562,305.21
[ 5
TABLE III
LAND OFFICE.
Deed Statistics for the period 1st April, 1947-31st March, 1948.
SURRENDERS
COURT ORDERS
PROBATES
VERANDAH UNDER- TAKINGS
RE-ENTRY
AGREE- MENTS
DEEDS OF COVENANT
MISCELLA- NEOUS
STAMPS ON DEEDS
Consideration Deeds Lots
Consideration
Deeds Lots Deeds Lots
Deeds Lots
Deeds Lots
Deeds Lots
Deeds Lots
Deeds
Lots
C.
$
C.
$ C.
ASSIGNMENTS
MORTGAGES
REASSIGNMENTS
Consideration
Deeds Lots
Consideration Deeds Lots
$
C.
PERIOD
Deeds Lots
1947.
APR.
122 136
4,012,166.54
MAY
174 194
JUN.
136 143
JUL.
245 265
AUG.
284 301
SEP.
359 398
OCT.
231 308
ΝΟΥ.
317 336
DEC.
279 312
82 90 3,452,200.00 100 58
6,917,276.00 101 111 5,067,000,00 93 120
. 5,451,482.69 103 120 5,355,500.00 76 83
10,689,654.50 104 137 5,693,900.00 94 113
8,532,214.73 89 111 4,332,500.00 87 103
18,833,277.88 106 138
3,874,800.00 121 146
14,824,315.84 119 150 6,224,680.00 151 158
16,295,140.96 123 225 13,199,000.00 112 145
12,223,743.47 177 135 4,242,550.00 104 124
1,438,303.00
4
10
18
47
11
12
4
7
26
44
527,699.50
1,968,200.00 2
1,867,500.00
1,770,498.91
2
100,000.00
2
2
30
67
1
2
1
15
18
475,932.69
www.d
5
77
26
34
1
1
1
24
42
477,116.45
1
1
68,000.00
Y
13
36
51
2
2
4
4
37
49
641,297.55
3,136,700.00
1
2
570,000.00
6
7
44
70
1
1
6
6
40
62
566,186.05
4,934,506.15
1
4
7
37
56
2
2
1
1
32
36
1,183,152.17
3,207,943.78
4,621,291.61
1,958,685.07 1
1
1
3
3
39
73
4
4
3 1
4
29
34
1,003,676.13
1
1
60,000.00
3
12
22
46
2
2
3
5
41
48
935,708.93
60,000.00
3
3
35
70
7
7
21
21
54
76
1,109,109.60
1948.
JAN.
FEB.
MAR.
262
289
218 239
228 257
17,917,243.95 1.46 185
12,763,983.29 135 185
15,179,794.87 123 144
8,325,400.00 121 137
7,419,200.00 86 106
6,090,000.00 99 132
5,095,868.70
2,457,564.07 1
4,175,000.20
1
8,000.00
4
4
25
35
2
3
2
2
3
4
!
32
36
1,050,481.19
4
2
2
30
101
3
3
3
4
5
9
37
51
822,345.45
1
9
12
20
54
15
16
and
7
9
1
1
34
60
851,372.50
TOTAL
2,855 3,178
143,640,294.72
1,348 | 1,731
73,276,730.00
1,244 | 1,425
36,632,061.49
11
15
866,000.00
54
77
362
704
50
54
6
7
59
72
1
1
401
556
9,644,078.21
Hong Kong
[ 7 ]
TABLE IV
Crown Leases granted during the year 1st April, 1947 to 31st March, 1948.
Kowloon
New
Kowloon
Victoria Inland
Kowloon Inland
NIL
3
3
TABLE V
Total
6
Return of Monthly Revenue paid in Stamps to the Land Office during the year 1st April, 1947 to 31st March, 1948.
Crown
Month
Lease
Deeds Registration
Fees.
Only.
Search Fees, etc.
Total
1947
$3
$
$
$
April
6,533.00
1,208.50
7,741.50
May
6,819.00
1,176.00
7,995.00
June
60.00
5,943.00
1,090.50
7,093.50
July
8,748.00
1,735.50
10,483.50
Aug.
8,490.00
1,226.50
9,716.50
Sept.
10,947.00
1,966.50
12,913.50
Oct.
10,188.00
1,490.50
11,678.50
Nov.
10,299.00
1,321.00
11,620.00
Dec.
120.00
9,687.00
1,407.50
11,214.50
1948
Jan.
10,077.00
1,810.00
11,887.00
Feb.
60.00
8,763.00
898.00
9,721.00
March
120.00
9,066.00
1,294.00
10,480.00
Total
360.00
105,560.00
16,624.50
122,544.50
[ 8 ]
TABLE VI
Fees Collected During the Years 1932 to 1947.
Year
Registration of Deeds.
Searches and
Copies of Documents.
Grants of Leases.
Total.
$
$
$5
$
1932
98,335.00
8,789.25
44,430.00
151,554.25
1933
81,508.00
8,547.25
36,810.00
126,865.25
1934
67,345.00
6,863.25
35,850.00
110,058.25
1935
61,133.00
6,811.50
25,270.00
93,214.50
1936
59,310.00
6,296.75
33,960.00
99,566.75
A
1937
47,887.00
8,639.50
39,760.00
96,286.50
1938
54,332.00
10,258.75
27,360.00
91,950.75
1939
57,729.00
11,433.00
25,670.00
94,832.00
1946/47
72,398.00
17,506.30
1,080.00
90,984.30
1947/48
105,560.00
16,624.50
360.00
122,544.50
[ 9 ]
TABLE VII
Hong Kong and Kowloon Rent Roll.
Locality and Description.
No. of Lots.
Total Crown Rent.
C.
Victoria Marine Lot
478
>>
Praya Reclamation Marine Lot... Inland Lot
28
»
5,669
Quarry Bay Marine Lot
4
Inland Lot
13
69,252.00 858.91 264,784.92 18,948.00 4,024.00
Victoria Farm Lot
6
381.55
Garden Lot
71
JJ
Rural Building Lot
332
2,832.00 71,550.82
Aberdeen Marine Lot
576.52
Inland Lot
86
1,268.97
""
Aplichau Marine Lot
33
Inland Lot
Shaukiwan Marine Lot
Inland Lot
20
113.88
48
283.48
10
2,308.00
234
5,109.30
"}
Stanley Inland Lot
9
123.00
Pokfulam Dairy Farm Lot
4
2,712.00
Kowloon Marine Lot
55
50,930.82
Inland Lot
"
3,529
154,673.22
Garden Lot
1
1.00
Hung Hom Marine Lot
4
9,130.00
Inland Lot
205
9,303.00
Shek-O Inland Lot
24
145.00
Tai Tam Inland Lot
1
1.00
Tong Po Inland Lot
New Kowloon Marine Lot
1
1.00
3
18,938.00
Inland Lot
2,628
111,374.27
Farm Lot
2
36.00
"
Rural Building Lot
1
42.00
Tai Po Inland Lot
8
646.00
Fan Ling Lot
2
1,892.00
Sheung Shui Lot
13
3,512.00
Mining Lot
4
2,724.00
Tsun Wan Marine Lot
6
12,436.00
Inland Lot
16
3,076.00
New Kowloon Dairy Farm Lot
20
1,192.00
Tsing I Marine Lot
1
76.00
Ping Shan Inland Lot
8
2,162.00
Sai Kung Inland Lot
1
302.00
Total
13,552
827,720.66
[ 10 ]
TABLE VIII
Village Rent Roll.
Locality and Description.
No. of Lots.
Total
Crown Rent.
$
Aberdeen
14
43.50
Pokfulam
24
28.25
Tai Hang
156
632.50
Ah Kung Ngam
25
18.25
Shaukiwan
27
15.00
Hau Pui Loong
11
43.00
Wong Tsuk Hang
2
34.50
Tai Hang Stream
11
42.00
Tong Po
1
2.50
Tytam Tuk
3
2.50
Chung Hom Bay
1
.50
Telegraph Bay
11
33.00
Little Hong Kong
176
68.10
Shek O
310
64.00
Hok Tsui
123
26.80
721
125.80
Chai Wan
Stanley
310
114.35
Total
1,926
1,294.55
TABLE IX
(i) Applications for the grant of Exemption by the Land Officer from the restrictions contained
in Moratorium Proclamation No. 6 Part IV Article 8-Dealings in Land'.
Period.
sent in
No. of Applications No. of Lots or Sections.
of Lots involved.
No. of Documents Involved.
Assignments
Reassignments
Miscellaneous
A. 8.1.46 to 31.3.46...
31
43
19
16
3
B. 1.4.46 to 31.3.47...
675
770
592
161
18
C. 1.4.47 to 31.3.48...
341
503
361
94
44
Total:
1,047
1,316
972
271
65
(ii) Applications for the grant of Exemption by H.E. the Governor under Moratorium Proclamation No. 6, Part III, Article 7 for the purpose of enabling Mortgagees to exercise their powers of
sale under mortgages.
[ 11 ]
Period.
No. of Applications sent in. No. of Lots or Sections of Lots involved.
7.11.46 to 31.3.47
2
3
1.4.47 to 31.3.48
12
23
Total:
14
26
[ 12 ]
PART II-MARRIAGE REGISTRY.
Marriages.
1. The number of marriages celebrated in the Colony during the year (1.4.47-31.3.48) was 2,864 (of which 2,626 were between Chinese persons) as compared with 860 (and 658) respectively in 1946--an increase of 2,004. It is considered that much of this increase is due to a wider recognition on the part of the Chinese community of the advantages afforded by civil marriage under the Marriage Ordinance 1875 of the Colony although some was caused by certain immigration provisions of the American authorities. Particulars are given in Table I infra.
Fees.
2. The total amount of Fees received under the second schedule of the Marriage Ordinance 1875, was $29,537.00 as compared with $9,691.00 in 1946-an increase of $19,846.00. Particulars are shown in Table II. The increase is mainly accounted for by the greater number of marriages solemnised at the office of the Registrar, and only to a slight extent to the moderate increases of special licence fees.
3. The number of marriages solemnised and the total amount of fees collected each year during the ten years (1932-1939 and 1946-1947) are shewn in Table III.
Registry.
4. The Registry itself which has for many years been housed in the Land Office was transferred to separate office accommodation on the southern side of the Supreme Court.
TABLE I
(1) Marriages by SPECIAL LICENCE, 1.
(a) At Licensed Places of
Public Worship.
(b) At the Office of the Registrar of Marriages.
1.
Nil.
(2) Marriages by REGISTRAR'S CERTIFICATE, 2863.
(a) At Licensed Places of
Public Worship.
305.
(b) At the Office of the Registrar of Marriages.
2,558.
[ 13 ]
TABLE II
Fees Received During the Period of 1.4.47—31.3.48.
Fee.
Total Fees.
$ C.
2,877 Certificates of Notice
(Registrar's Certificates)
(a)
@ $ 1.00
2,877.00
198 Certified Copies
@ $ 1.00
198.00
24 Licences to Registrar of Marriages to issue his Cer-
tificates under Section 9 of
Ordinance No. 7 of 1875
@ $ 30.00
720.00
1 Special Licence
@ $150.00
150.00
2,558 Marriages at the Office of
the Registrar
@ $ 10.00
25,580.00
12 Searches
@ $ 1.00
12.00
Total
$29,537.00
Year.
TABLE III
No. of Marriages Solemnised.
Total Amount of Fees Collected.
$
C.
1932
265
3,198.97
1933
283
2,440.00
1934
325
3,327.90
1935
368
3,197.00
1936
375
3,168.00
1937
421
3,286.16
1938
544
5,081.00
1939
781
7,439.00
1946
860
9,691.00
1947
2,864
29,537.00
[ 14 ]
PART III-STAFF.
There were a number of staff changes during the year.
Mr. Guy Lawrence Herdman was Temporary Assistant Land Officer and Deputy Registrar of Marriages throughout the year and was almost solely engaged with the heavy number of marriages. Mr. E. H. Sainsbury acted as Land Officer from 9th June, 1947 to 11th July, 1947.
Mr. C. P. D'Almada e Castro acted as Assistant Land Officer and Deputy Registrar of Marriages from 22nd September, 1947 to 23rd December, 1947.
Mr. P. R. Springall acted as Assistant Land Officer from 2nd January, 1948 onwards.
Following the departure of the Land Officer on leave on 23rd December, 1947 Mr. C. P. D'Almada e Castro acted as Land Officer and Registrar of Marriages from 23rd December, 1947 until 24th February, 1948, and from then until the end of the period under review Mr. E. H. Sainsbury acted in the same capacity.
·
W. ANEURIN JONES,
Land Officer
&
Registrar of Marriages.