Hong Kong Cadastral Survey System: A comparison and its implementation


Analysis among three regions
Before going ahead the implementation, the following analysis is described the similarities and differences among three systems in terms of survey services, registration services, legislative measures and government roles.
  1. Survey Services


    1. Geodetic Control Networks

      2. Survey services indicate a long-term investment. Three regions have well-developed and comprehensive geodetic control networks as a basis for their system developments. They have initiated to modernize their former survey frameworks with advanced GPS technology quickly at a minimal cost compared with the traditional techniques, so as to enjoy tremendous benefits - eliminate inconsistency in survey data and improve their survey accuracy.

      Whilst South Africa has a negative system of land registration, the quality of cadastral surveying is sufficiently well organized, accurate, for a positive system of registration. Coordinates uniquely identified on the geodetic grid are mandatory for the beacons of any boundary surveys. Besides, South Africa has been implementing a coordinated cadastre over fifty years. Today, all modern surveys have had to be based on the South Africa geodetic control network - Cape Datum with reference to the World Geodetic System 1984 (WGS84), which contributes to uniform standards of accuracy. This integrated system consists of approximately 52,000 control points distributed throughout the territory.

      Cadastral surveys in Singapore prior to 1925 were carried out by very crude instrumentation considered of lesser accuracy compared to present system. To support the sustainable development, cadastral survey system should have a means of improving so as to cope with changing social and economic needs. Singapore is a good example that her system matches the progress of society, by introducing a new survey reference system and making legislative changes to accommodate a complete and secure cadastre. With the research on providing better control and boundary definition (Table 2), the SVY Department collaborated with the Nanyang Technological University and the University of New South Wales undertook an Integrated Survey Network (ISN) to revamp a local SVY95 geodetic network in WGS84 datum in 1997. Goh [2000] concludes this network provides the advantages of implementing all survey records to legal coordinated cadastre, as to describe the land titles by coordinates in accordance with the Boundaries and Survey Maps Act, the Land Surveyor Act and its rules.

      Table.2 A three-stage ISN project in Singapore
      Stage Action Implications
      Stage I Immediate Action Setup of control network Preparatory stage without impact on status.
      Stage II Follow-up Action Implement survey procedures Substantial changes in survey practices effected under the Land Surveyors (Conduct of Title Survey) Rules
      Towards legal coordinated cadastre No major implications except for the new requirements of a simplified Certified Plan
      Stage III Consolidation Towards total integration Affects major procedural change in planning and subdivision needs inter-ministry effort

      Boundary survey in Hong Kong provides position fixing and security to the registration of land parcels. A good control network has been established and maintained as a backbone to support the industry by the Geodetic Section. The section is going to implement its network into 2000 GPS Network covering the whole territory. This improvement of survey technology makes the observation more reliable and accurate as compared with the plane-tabling methods used early in NT survey. Specific guidelines or instructions on the GPS application are under investigation and likely to be implemented into the Ordinance and its regulations.

    2. Land Information Systems and its Sharing

      3. Information technology is a cornerstone of survey services to provide a continuous evolution of land information services to the concerned parties. Both Singapore and Hong Kong obtained sound land information systems developed in 1990s. These systems are to explore new technologies and standards to ensure spatial data infrastructures which enable the public and private sectors to encourage their effective and strategic use for the continuous planning, development and growth of cities.

      Singapore Land Data Hub consisting of INLIS, Land Information Network Infrastructure and Land Base Information, contributes a comprehensive accurate digitized land data. Boundaries shown on INLIS are meant to be final and conclusive. In the past, land boundary records were internal office records kept and used solely by the government. With the success of Hub, the data are recently used by about 30 government departments, 50 private agencies and even the general public .

      Besides, attention is particularly paid to the Hong Kong government's focus on Cadastral Information System (CIS) development in 1989 to transform the 1:1,000 paper land boundary records into digital base information. CIS maintains the land boundary record database and facilitates the preparation of cadastral plans. They are considerable and useful mapping data which vary in quality and availability. With increasing participation of private survey firms, the records had gradually been opened to the society. So far, 4 government departments have been used a complete set of digital map data to set up their own geographical information systems. However, there is no government department responsible for gathering different land information and managing them in one unique system. Very often the information kept in different offices are not exchangeable.

    3. Code of Practices (COP)

      4. Survey regulations and specification governing to carry out boundary surveys are very similar among three regions. Survey reports together with attached documents shall be prepared properly. The survey plans must be certified by qualified land surveyors that the survey had been carried in compliance with the prescribed COP. In conducting, directing or supervising every boundary survey, the surveyor should bear in mind the responsibilities and duty of care towards the society, the profession and the clients, and land owners, and the liability which may arise as a result of any wrongful survey.
  1. Registration Services

    2. Three regions have operated land registration systems with the same aim of protection of property owners and proper security of innumerable transactions. They constantly review their work processes and procedures to give better quality services to general public. Although South Africa and Hong Kong have adopted the deeds registration, the intention of registration in South Africa (deeds) is similar to that in Singapore (titles).

    Deeds registration in South Africa is regarded not only by South African, but also by foreign jurists as an accurate and reliable deeds system [Barry, 1995; Fourie, 1994; Lester & Teversham, 1995; Radloff, 1996] with security as good as the titles. Simpson [1976] has classified it as titles because there is a reliable accurate record with the support of a high level of boundary survey. Thus, quality of the documentation and processes have well developed and safeguarded. It is a de facto guarantee of title, which equals the 'certificate of title' in Torrens system. Dale [1976, p.44] expressed that

    "The premium payable to the insurance company will depend upon the reliability of the company's records. The accuracy of survey needed will depend on the history of the parcel and a judgement of what risks are acceptable."

    Nevertheless, the deeds system essentially served the needs of the minority white population.

    Singapore Land Registry (SLR) provides an efficient, transparent, accurate and responsive system of land registration in a land scarce country. SLR is also close to replacing the current dual registration system, with a simpler and more cost-effective one by title conversion project to have done in phases by survey districts. Hitherto, Common law land is remained about 1.7% (or 3,686 lots) of the total number of land lots. In terms of Land Titles Act, the processes of examination and registration, its control and monitoring of standards, and its methods of record preservation, serve to provide security of title for law, institutions and general public. Such conversion, ultimately superseded by a fully computerized title registration system, is a long-term intention.

    The Land Registration Ordinance in Hong Kong, as Nield [1991] said,

    "is more accurately called 'Document Registration' Ordinance for it establishes a simple, traceable and well-managed system of registration of documents affecting land".

    Also, Hong Kong have intended to follow other leading jurisdictions for replacing the existing deeds system with titles to support a recovering land markets - the formation of proposed Land Titles Bill. However, the legal settings of both systems never cater the untouched boundary aspect of registered land parcels. With reference to Section 17 of the Bill, the land boundary plan attached to the deed/title shows an approximate location in every land transaction.

    "Section 17 (Land Titles Bill) Boundaries of the Bill

    1. For the purposes of this Ordinance, a plan (and notwithstanding that it is a land title record) shall be treated as only indicating -


      1. The approximate situation; and

      2. The approximate boundaries of the registered land to which the plan relates.

    2. For the avoidance of doubt, it is hereby declared that the fact that a plan is a land title record shall not constitute a warranty as to the accuracy of the plan, or a guarantee, by a person referred to the Government."

    These long-hauled boundary uncertainties have accelerated so many boundary problems occurred like redevelopment plans withheld for boundary conflict reasons, mortgages granted to land of uncertain boundaries, etc. Hence, the development of registration system is stagnated in the area of providing secure boundary protection, comprehensive cadastral database and other land rights improvements. The Land Registry recently starts investigation on boundary extent in the proposed Bill.

  2. Legislative Measures

    3. South Africa and Singapore governments pass various acts and land codes to regulate cadastral surveying, whereas Hong Kong does not have any legislation governing boundary surveys except LSO. One similarity as highlighted in terms of Land Survey Act in South Africa, Land Surveyors Act in Singapore and LSO in Hong Kong, boundary surveys have to be carried out under the supervision of a professional land surveyor. It also governs the professional roles among various institutes of land surveyors.

    Indeed the great advantage of South African cadastral survey system is that Land Survey Act unambiguously identifies the position on ground and the extent of rights of every land parcel, in order to minimize the zone of uncertainty in land boundaries. Besides, Deeds Registries Act in effect makes the transfer of any right in land compulsory and was modeled after Roman-Dutch law, introduced in colonial times when any transfer of land was required to take place before a judge, and reliable and accessible registers were kept to record all transactions. Also, registration is impermissible without a diagram approved by the Surveyor General, so as to ensure the record is generally accurate and few challenges to the deed's correctness [Radloff, 1996]. The entire system is marked by a high degree of reliability and security.

    Boundaries and Survey Maps Act of Singapore was introduced to pave the way for legislative and administrative changes to survey practice. It is certainly a brilliant display of constant government policy and system improvement. The conversion of the current coordinates to the new system caters for the future process of electronic retrieval and submission of survey plans. In terms of Land Surveyors Act on acceptance of the survey plans, Chief Surveyor updates the cadastral database and produces the cadastral maps, which under Section 13 of the Boundaries and Survey Maps Act shall be conclusive evidences in all courts of the boundaries of the land. Specifications and procedures of a boundary survey are set out in the Land Surveyors (Conduct of Cadastral Surveys) Rules made under the Land Surveyors Act, like general field practice, survey and marking of boundaries, required precision, plan specification, etc.

    Although Hong Kong maintains an attainable accurate standard of surveyed boundary, there is no legislation directly enforceable to govern the boundary survey except LSO only deals with subdivision survey. LSO aims to build up a reliable land record by controlling the subdivision survey standard. For other transactions falling outside LSO including the boundary re-establishment of old scheduled lots, relevant documents and exact boundaries of such lots are still left uncertain. Very often, legal land boundary plans as contemporarily registered are imprecisely surveyed and insufficient for present land use. In this circumstance, the boundary determination is subject to the best available evidence. Unfortunately, the legislative measures for further action are not materialized. The government does minimal effort in examining and revising the ordinances towards surveying. The straightforward way solution is to amend the confused land boundary record with legal effect. That is why so many countries like Singapore and South Africa have improved the boundary situation and enacted corresponding boundary and survey laws.
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