Competing charging orders: when no effect has some effect

Abstract

Following the Court of First Instance’s decision in Incorporated Owners of Century Centre v Bank of China (Hong Kong) Ltd [2011] 4 HKC 439, judgment creditors can enforce their judgment by registering a charge over property owned by the judgment creditor, but the registration ceases to have effect after five years. This decision nevertheless suggests that the charge does not then lose all priority. Charges registered later but before registration of the first charge expires will still be subject to it if creditors re-register them.