The duty to supply original title deeds: a case for reforming s.13A of the Conveyancing and Property Ordinance

In Hong Kong, a transaction for the sale and purchase of land imposes a duty on the vendor to supply original title deeds upon completion. If this duty is breached, the purchaser would be entitled to refuse completion. Yet, much confusion has arisen over the precise requirements of this duty, given that it is thought to originate from two distinct sources: the common law, and s.13A of the Conveyancing and Property Ordinance (Cap.219). It is suggested that the current common law position is based on a misunderstanding of s.13A, and that the current statutory position under s.13A is not aligned with the normative rationale of the duty. As such, it is necessary to amend s.13A. When considering the substance of the amendment, the Hong Kong Legislative Council (“LegCo”) ought to ensure that the scope of the duty is aligned with its normative rationale, that the law is sufficiently certain, and that vendors who have relied on the current position would not be retrospectively prejudiced.