Legislative Council legal advisers have asked the Government to clarify how it would assess applications to search land records on public-interest grounds, and what protections would be available to applicants whose requests are refused.
The proposed rules would tighten access alongside the introduction of a new land-title registration system. They set out nine specified purposes for searches, but do not list news reporting as a standalone purpose. A journalist would instead have to apply on public-interest grounds, declare that the information would be used only for the stated purpose, and explain how its use would achieve that purpose. The Land Registrar would consider each application individually.
The Land Registry said in a Legislative Council briefing that it would consider all relevant factors, including whether the public interest outweighed personal privacy and how the records might be used or misused. Under the proposal, the Registrar could refuse an application if not satisfied that its purpose matched the one stated by the applicant.
The advisers want to know whether assessment criteria will be included in the legislation or published in application guidance, and whether the public will be consulted. They have also asked for a non-exhaustive list of examples. Legislative materials have cited investigations into large-scale unauthorised building works and unclaimed properties as public-interest cases.
They have also asked whether unsuccessful applicants would receive written reasons, be able to make further submissions before a decision, or have an appeal or review route.
The new land-title registration system, alongside which the tighter search arrangements are planned, is due to be implemented in the first half of 2027.