NEW TERRITORIES REGULATION ORDINANCE, 1910

NEW TERRITORIES REGULATION ORDINANCE, 1910

No. 34 of 1910.

an ordinance to consolidate and amend the laws relating
to the administration and regulation of the new
\ territiories,

Regulation.

1. This Ordinance inay be cited as the new territories
Regulation ordinance, 1910.

2. All regulations, rules and orders made under the new
Territories(Regulation) Ordinance, 1899, the New Territories
land ordinance, 1905, and the newe territories small debts
court ordinance, 1908, respectively (all of which ordinances
are hereby repealed) shall continue to be valid and binding.

3. in this ordinance.
(a) conveyance includes assignment, appointment.
lease, settlement and other assurance, made by deed on a
sale, mortgage, denise, or settlement of land or on any
other dealing with land; and convey has a meaning
corresponding with that of ocnveyance.

(b) district officer includes assistand district Officer.

(c) income in relation to land includes rents and profits,
and possession includces receipt of income.

(d) insturment includes deed, will, power of attorney,
act of parliament or ordinance.

(e) land includes land covered by water or within the
flow of the sea and houses and other buildings and any
undivided share in land and every estate and interest in land
and also includes any rent or profit issuing out of land and
any easement affecting land and also any market-building
or portion of such building and any rent or profit issuing out
of any market-building or portion of such building.



As amended by Law Rev. Ord., 1921.
As amended by No. 16 of 1913.






(f) mortgage includes any charge on any land for
securing money, or money's worth; mortgage money
means money, or money's worth, secured by mortgage
mortgagor includes any person deriving title under the
original mortgagor, or entitled to redeem a mortgage,
according to his estate, interest or right, in the mortgaged
property; mortgagee ncludes any person deriving title
under the original mortgagee; and mortgagee in pos-
session is a mortgagee who, in right of hte mortgage, has
entered into and is in possession of the mortgaged property.

4. the licensing ordinance, 1887, shall not apply to the
new territories, except new kowloon, unless the governor
in ocuncil otherwise directs.

any rules, regulation, by-laws, orders of the governor in
council, notifications or proclamations made under any
ordinance which does not apply to the new territories
except new kowloon, shall not apply to the new territories
except new kowloon, unless the governor in council otherwise directs.

5. where in any existing grant of any right or privilege
or farm, or in any existing contract, the colony or
hongkong or any similar rxpression referring to
geographical limit or extent in relation to this colony occurs.
the same shall apply only to the territory which was within
the limits of the colony at the time when such grant or
contract was made.

6. it shall be lawful for the governor incouncl to do
any or all of the following matters to take effect within the
new territories;

(1) to make rules for the farming out or licensing for
revenue purposes in the new territories the right to sell,
manufacture, or otherwise deal in spirits, opuim, salt, kerosine
oil, or any dangerous goods as defined by the dangerous
foods ordinance, 1873, or any other commocity which by
resolution of the legislative council may be included in this
sub-sction, and for the levying, collection recovery by legal

as amended by law rev. ord., 1924

as amended by no. 16 of 1913, no. 27 of 1923 and law rev. ord., 1924







proceeding sand safe custody of the revenue aucruing from
such farming or licensing, and for the keeping of accounts
thereof


(2) to make rules for the levying, collection, recovery by
legal proceedings and safe custody of such rents, rates, taxes
and contributions from the New Territories as the Governor
in Council may, in his absolute discretion, think fit, and for
the keeping of accounts thereof; and

(3) by notification published in the gazette and by notice
in the chinese lauguage posted in such place as any district
officer may think fit.

(a) to declare that any specified place shall be the market
for any area within the new territories exclusive of new
kowloon.

(b) to determine the boundaries of the place within which
such market so declared shall be held;

(c) to determine the boundaries of the area for which any
such market so declared shall be the market; and

(d) to make rules both with regard to any market already
in existence inthe new territories exclusive of new
Kowloon or which may he declared under the provisions of
this sub-section to be a market therein.

(i) prescribing the construction and form of any building
crected or to be erected in any market;

(ii) providing for the managenient and Inspection of any

market and for the appointment, control and dismissal of the
managers and inspectors thereof -,

(iii) prohibiting the sale or exposure for sale within any
area delimited as aforesaid save and except in any market
declared to be the market for usch area of any article or
substance of any kind whatsoever.

(iv) prescribing the kinds of articles or substances which
may be sold and the place and the buildings where such sales
may take place within or without any market;

(v) providing for the regulation and sanitary maintenance
of any market inchiding the sale or removal therein, thereto
or therefrom of any perishable articles or substances used
or intended to be used for food or otherwise.





(vi) providing for the control and appropriation of funds,
derived from and in connexion with any market or hawkers
or salemen within or without any market.

(vii) providing for the control and. licensing of and the
fees to the taken from or salesmen within or without
any market ; and

(viii) prescribing any other matter or thing in relation to
the establishment, construction, maintenance or management
of any market may be deemed necessary or d4esirable
in the interests of sanitation or good order.


6A.-(1) it shall be lawful for the governor in council to
make rules, to take effect within the. Nessr Territories except,
new kowloon, in any matter with regard to which, the
Sanitary Board. may for the time being have power to make
by-laws under the public health and buildings ordinance,
1903, to take effect within that part of the colony to which
Part II of the Public Health and buildings ordinance, 1903,
applies.

(2) It shall be, lawful for the Governor in council.

(a) to set apart any places in the new territories (other
than New Kowloon) to be used as cemeteries or urn
cemeteries, and.

(b) to make rules prohibiting the burial or depositing of
any human remains in or upon any specified places in the
new territories (other than new kowloon).

7. All rides made under section 6 shall be published in
English and Chinese and notified in the New, Territories in
such manner as the governor may direct.

8. every person who commits a breach of any rule made
under section 6 shall upon summary conviction be liable to
a fine not exceeding one hundred dollars, or to imprisonment
for any term not exceeding six months.

9. The governor may at any time direct the District Officer
to inquire into and report as to any matter connected with
the New Territories if such. matter exclusively concerns,
persons, of Chinese race, whether British subjects or otherwise.

As amended by no. 27 of 1923 and law rev. ord., 1924
As amended by law rev. ord., 1924.








It shall be lawful for the District Officer to summon in
writing. under his hand and seal any person of Chinese race,
whether a British subject or, otherwise, who appears to him
to be able to give information regarding any matter into
which he is so directed to inquire, reciting in the summons
the subject of the inquiry.

10. (1) every person so summoned shall be legally nound
to attend before the district officer at the time and place
specified in such summons and to answer truthfully all
questions which the district officer may put to him relating
to the matter under inquiry, and to porduce if required by
him to the district officer, or to some person deputed by
matter pertinent to the inquiry, and to permit the inspection
of any property either by the district officer or by some
person deputed by him for that purpose.

(2) the district officer shall for the purposes of this
ordinance have powers similar to those vested in the supreme
court in regard to examining witnesses upon oath, or other-wise.

11.-(1) if any person so summoned omits to attend at
the time and place so specified it shall be lawful for the
district officer to issue his warrant for the arrest of such
person, and such warrant shall be executed by a police
officer in the same manner as if it had been issued by a
magistrate, and such person shall upon summary conviction
be liable to a fine not exceeding ten dollars.

(2) if any person against whom a warrant has been so
issued absconds or conceals himself so that such warrant
cannot be executed, it shall be lawful for a magistrate on the
application of the district officer to order that the rents and
profits of such person's property shall be attached by an
officer named in such order until such time as such person
shall appear before the district officer in obedience to such
warrant. all or any part of the rents and profits so attached
may, if a magistrate so orders, be forfeited.


as amended by no. 21 of 1922.






12.(1) when in the opinion of the governor there is an
undue prevalence of crime in any district, or any tumult or
disocrder has taken place, it shall be lawful for the governor
to station police or extra police in such district and to order
the leavy of a special rate either upon such district or upon
any particular village or villages situate therein to an amount
sufficient to defray the whole or any portion of the cost of
such police.

92) when the levying of any such special rate is ordered
by the governor, he may by such order specify the procedure
by which payment of suhc rate may be enforced summarily
by a magistrate, and all magistrates shall have jurisdiction
so to enforce the same accordingly.

part ii

land

' 13.(!) this part only applies to the new territories.

92) upon the application of the registered owner of the
lease of any land which has been purchased form the crown
since the 17th day of april., 1899, and n respect of which a
separate crown lease has been or is intended to be issued,
the ogvernor may exempt the said land form the provisions
of this ordinance by a memorandum under his hand.

(3) upon the application of the registered owner of any
land not covered by the provisions of sub-section (2). and
upon proof to the satisfaction of the land officer of the
title of such owner and surrender of the lease of such land
to the crowm, the governor may direct a new crown lease
ro such land ot be issued after due survey thereof has been
made nad hte prescirbed fees paid, and the governor may
thereupon exempt the said land from the provisions of this
ordinance by a memorandum in writing under his hand;
provided always that, in any case in which such application
refers to land of such small value that, in the opinion of the
governor, it is undesirable to grant exemption, the governor
may refuse to grant the same.

as amended by law rev. ord., 1921.




14. all land in the new territories is hereby declared to
be and to have been from teh commencement of the new
territories (land court) ordinance, 1900, the property of
the crown, and all persons in occupation of any such land
after the commencement of this ordinance shall be deemed
to be trespassers as against the crown, unless such occupation
is authorised by grant from the crown, or by other title
allowed under this ordinance, or by licence form the
governor or from some government officer having authority
to grant such licence.

15. -(1) the land officer is hereby authorised to carry
into execution the provisions of this part.

(2) where by any enactment anything is required or
appointed to be done by the land officer, the same may be
lawfully done by and assistant land officer appointed by
the governor, who shall have the same powers as are con-
ferred upon the land officer by this ordinance.

16. The govnernment in. Council may by order establish one
or more district land offices for the purposes of carrying out
the provisions of this Ordinance, and may also define the
districts into which Now Territories shall be divided for
the purposes of this Ordinance and the pWo where the office
for each district (hereinafter called the appropriate office)
shall be situate; provided that it shall be lawful for the
Governor in Conned to alter or vary such districts or the
phice or any sum, once as ite may think expedient. Where
in any Ordinance land Office is used it shall be deemed
to include any distict land office.

17. the registration of any deed, will, or other instrument,
or any judgment, order, or lis pendens, in respect of or
affecting land shall be the appropriate once for the
district in which such land is sittiate and it shall not be
lawful to register any such deed, will or other instrument,
judgment, order, or lis pendens, elsewhere than at the
appropriate offlice If an instrument, order, judgment, or
lis pendens affects land in more than one district, it shall be
registered at the appropriate office of each stich district.

the date of the commencement of the new territoires (land court) ordinance,
1900, was 23rd July, 1900.
as amended by law rev. ord., 1924.
as amended by law rev. ord., 1924. for the northern and southern districts
defined under this section see hodgson's regulations of hongkong, 1914,
pp. 781, 782.







18. In any case where land is held underan agreement to
pay rent In produce, it shall be lawful for the tenant of such
land to pay rent in money instead thereof according to a rate
which shall be fixed each year by the governor in council
to be published in the as the fair commutation of
such Produce.

19. in any case where land is held under an agreement
to pay rent in produce in perpetuity, it shall be lawful for the
person who is liable to pay such rent either to pay an annual
rent in money instead of in produce at a rate to be fixed in
the manner provided by section 18, or with the consent of
the land officer to redeem his liability to pay such rent
by paying to such person as the land officer may direct
such capital sum of money as he may in all the circumstances
of the case consider to be fair and reasonable.,


20. the Land Officer shall have power to decide in a
summary way all questions and disputes in connexion with,
or in anywise arising out of or regarding any land, and he

may, within three months from giving his decision, re-open
and re-hear the case upon grounds. as he shall in his
discretion deem sufficient, and reverse, vary, or confirm the
previous decision or Judgment. The Land Officer shall have
power to recognise and enforce any Chinese custom or
customary right in relation to land, and the decision or judg-
ment of the Land Officer shall be bluding on all parties
concerned unless the same is varied or set aside as herein-
after provided: -Provided that the land Officer shall not
have power to decide any question or dispitte to which the
Crown is a party unless the Governor consents in writing to
his so doing; and further the Land Officer shall not have power
to decide any question or dispute in respect of any land
having a capital value five thousand dollars, or an
annual value exceeding five hundred dollars, unless with the
written consent of the parties to such question or dispute.

21.-(1)for the purpose of this ordinance, the land officer
shall have powers similar to those vested in the supreme
court in respect of the following matters;

(a) examining witness upon oath, or otherwise

as amended by law rev. ord., 1924.






(b) compelling the attendance of witness, and the produc-
tion. of documents:
(c) entering and viewing land and and ordering inspection of
any property:
(d) making and enforing any order which may be neces-
sary for the proper hearing and determinaion of any matter
before him; and

(e) enforing any judgment given under the provisions of
this ordinance.
(2) every pwerson who wifully gives false evidenue upon
oath before the land officer shall upon summary conviction
before the said land officer be liable to a fine not exceeding
two hundred dollars.

22. No legal practitioner shall be allowed to appear on
behalf of any party in any matter before the Land Officer
except by his special permission.

23. every judgment or order of the land Officer and every
entry thereof in the land register shall be conclusive for all
purposes: Provided tkat if any person shall consider himself
aggrieved by any such judtment, order, or entry, and if the
land officer certifies that the capital value of the subject in
dispute exceeds two thousand dollars, or if a judge shall on
good cause shown grant special leave to appeal, such person
may within three months from the date of such judgment,
order, or entry, move a judge to vary or set aside the same
and it shall thereupon be lawful for such judge to vary or
set aside the judgment, order, or entry on such terms as he
may think fit.

24. except, by way of appeal from the Land Officer, no
proceeding relating to land in the New territories shall be
commenced in the supremee court unless the Crown is a
party, or unless the, Land Officer shall certify that the capital
value of the land affeated or in dispute exceeds five thousand
dollars or that the annual value thereof exceeds five hundred
dollars.

25. in any proceedings in the supreme court in relation
to land in the new territories, the court shall have power to
recognise and enforce any chinese custom or customary
right affecting such land.






26. The Land Officer shall, on judgment being given in
respect of any land, forthwith it memoranduni of such
judgment in the land register. No fee, shall be payable for
such entry.

27. Whenever any land is hold from the Crown under
lease or other grant, agreement, or licence in the name of a
clan, family or pong, such clan, family or png shall appoint
it manager to represent it. every such appointment shall
be reported at the appropriate office, and the land officer
on receiving, such proof as he may require of such appoint
ment, shall, if he approves thereof, register the name of the
said manager who, shall after giving Such notices as may be
prescribed, have full power to dispose of in any way deal
with the said land as if he were sole owner thereof, subject
to the consent of the land officer, and shall be personally
liable for the payment of all rents and charges and for the
observance of all covenants and conditions in respect of the
Said land, every instrument relating to land held by a
clan, family or pong which is executed or signed by the
registered manager thereof in the presence of the land
Officer and is attestod by him, shall be as effectual for all
purposes as if it had been executed or signed. by all the
members of the said clan, family or tong, the land officer
may on good cause shewn cancel the appointment of any
manager and select and register a new manager in his place.
If the members of any clan, family or tong holding land
shall not within three months after the acquisition of the
land make and prove the appointment of a manager, or
within three months after any change of manager prove the
appointment fo a new manager, it shall be lawful for the
crown to re-enter upon the land held by such clan, family
of tong, which shall thereupon become forfeited. such
re-entry shall be effected by the registrated of a memo-
randum thereof in the apropriate office.

28. any clan, family or tong owning land at the com-
mencement of this ordinance in respect of which a manager
shall have been duly registered under this ordinance, shall
not, so long as such land is certified by the land officer as
being used for agricultural, religious, educational, or chari-
table purposes, or such other uses of a similar nature as are
recognised by established local custom, or for dwelling-houses

as amended by law rev. ord., 1924.






occupied by bona fide members of the clan, family or tong,
be required to be registered under the Companies Ordinance,
1911, although such clan, family or tong may consist of more
than twenty members.

29. In the event of the dealth of any person in whose
name any land is registered otherwise than as a manager, if
no grant of probate or administration of the estate of the
deceased is made by the Supreme Court within tbree months
after such death, the Land Officer, on ascertaining the name,
of the person who is entitled, to such land in succession to
the deceased person. (hereinafter described as the successor),
shall register the name oF the Successor, and upon such
registration being effected the said land shall vest in the
successor for all the estate and interest of the deceased
person therein, or for such estate and interest as shall
entered on the register by the Land Officer against the entry
of the name of the successor. On the registration of a
successor, the fees fixed by regulations shall be paid to the
Land Office) by the Successor, but no probate fees or probate
duties shall be payable, anything in the Probates Ordinance,
1897, to the contrary notwithstanding. The registered
successor shall be liable to the debts of the decease in the
same manner and the same extent as if a grant of probate
or administration had been made to him. This section shall
apply in the case of a death whether occurring before
or after the commencement of this Ordinance. Provided
always that if a grant of probate or administration of the
estate of the deceased is made by the Supreme Court within
the period above specified, the grantee therein named shall
be registered as the successor and the fees prescribed in
this section shall not be payable.

30. Whenever any land is vested in a millor, it shall be
lawful for the Land Officer to appoint some fit Person to be
a trustee thereof for such minor during his minority, and
to remove any such trustee and to appoint any new trustee.
Every such appointment shall be registered by the Land
Officer in the appropriate office, and upon registration the
land the subject of the trust shall vest in the registered
trustee for all the estate and interest of the minor therein,
and upon registration of the removal of any trustee the land
shall divest from the trustee so removed, and vest in the

* As amendded by Law Rev. Ord., 1921.





continuing trustee or any newly registered trustee as the
case may be. The Land Officer before registering a trustee
may require him to give security in such manner and to
such amount as he may think fit for the due execution of
the trust. With the consent of the Land Officer a trustee
may buy, sell, mortgage, lease, or otherwise deal with or
dispose of any property to the like extent as if he were the
beneficial owner thereof, anything in the Trustees Ordinance,
1901, to the contrary notwithstanding.

31. For the purposes of his Ordinance, it shall not be
necessary for a memorial of deed, or other instrument
to be verified upon oath, but every memorial shall in
lien thereof be certified by the Land Officer as correct.

32. It shall not be necessary for tbe Land Officer to keep
an index of names of the several parties to deeds and other
instruments, or of the devisors or devisees in the case of
wills, or of the plaintiffs or defendants in the case of
judgments.

33. For the pkurposes of this Ordinance, the Land Officer
and every Assistant Land Officer shall be deemed to be a
duly appointed commissioner for taking acknowledgments of
married women under the Married Women (Disposition of
Property) Ordiance, 1885.

34.-(1) A convey ance shall be deemed to include and
shall by virtue of this ordiance operate the convey, wkith the
land, all buildings, erections, fixtures, commons, hedges,
ditches, fences, ways, waters, watercourses, liberties, privileges,
easements, rights and advantages whatsoever, appertaining
or reputed to appertain to the land, or any part
thereof, or at the time of convevance demised, occupied or
enjoyed with, or reputed or known as part or parcel of or
appurtenant to, the land or any part thereof.

(2) A conveyance of land, having houses or other build-
ings thereon, shall be deemed to include, and shall by
Virtue of this Ordilialleo operate to convey, with the land,
houses or other buildings, all out-houses, erections, fixtures,
cellars, areas, courts, courtyards, cisterns, sewers, gutters,
drains, ways, passages, lights, watercourses, liberties, priv-
ileges, easements,rights and advantages whatsoever, ap-
pertaining, or reputed to appertain to the land, houses,



or other buildings conveyed or any of them or any part
thereof, or at the time of conveyance demised, occupied or
enjoyed with, or reputed or known as part or parcel of or
appurtenant to, the land, housese, or other buildings con-
veyed, lor any of them or any part thereof.

(3) This section applies only if and as far as a contrary
intention is not expressed in the conveyance and shall have
effect subject to the terms of the conveyance and the
provisions therein contained.


1) This section shall not be construed as giving to any
person a better title to any property, right, or thing in this
section mentioned than the title which thixs section gives to
him to the land expressed to be conveyed, or as conveying
to him any property, right, or thing in this section mentioned
further or otherwise than as the same could have been
conveyed to him by the conveying parties.

35 Every conveyance executed after the commencement
of this ordinance shall be made according to one of the
forms set out in the Scedule with such variations as
circumstances may require. The Land Officer may prescribe
such other forms as he may deem necessary for facilitating
dealings with land.

36 A conveyance on a sale shall be made in form A in
the Schedule, and the following convenants shall be deemed to be included
in every such conveyance:-

(1) by the vendor with the purchaser, that notwithstanding
any thing by the vendor done or knowingly omitted or
suffered, the Crown lease, licence, or grant under which the
property conveyed is held is at the date of the conveyance
valid and subsisting: and that the vendor has at the date of
the conveyance good right to convey the property comprised
in the conveyance as is in the conveyance expressed free from
incumbrances except as therein mentioned; and that the
vendor and all persons claiming under or in trust for him
will, during the residue of the term of years created by the
Crown lease, licence, or grant under which the property
conveyed is held, at the request and cost of the purchaser to
all acts and execute and sign all deeds and writing reason-
ably required for perfecting the conveyance;






(2) by the purchaser with the vendor, that the purchaser
will, during the residue, of the term of years created by the
Crown lease, licence, or grant under which the property con-
veyed is held pay all rents payable in respect, of the properly
conveyed, and will perform and observe all covenants and
conditions so fur as they relate to the property conveyed,
contained in the said Crown lease, licence, or grant, and will
indemnify the vendor against, the non-payment of the said
rent and the non-performance and non-observance of the
said convenants and conditions so far as aforesaid.

37.--(1) A conveyance by way of mortgage (when it is
the intention of the parties that the mortgagee shall not
enter into possession until default is made in payment of the
mortgage money) shall be made in Form B in the Schedule,
and the following covenants by the mortgagor with the

mortgagee shall be deemed to be included in every such
mortgage:-

(a) that the mortgagor will on the stated day pay to tho
mortgagee the stated mortgage money, and will, so long as
the mortgage money or any part thereof remains due, pay to
the mortgagee interest, thereon by equal monthly payments
at the stated rate on the stated day of each month;

(b) that the Crown lease, licence, or grant under which
the property conveyed is held is at the date of the conveyance
good, valid and subsisting, and that the rent thereby reserved

and the lessee's covenants therein have been paid
and performed up to the date of the conveyance; and the
mortgagor has at the said date power to assign the property
conveyed in manner therein expressed free from incumbrances
except as therein mentioned ;

(c) that the property convoyed way after default in payment,
of the moneys intended to be secured by the mortgage be
quietly entered into, held and enjoyed by the mortgagee
without any interruption by any person ;
(d) that the mortgagor and overy person claiming any
estate or interest in the property conveyed will at all times
at the cost of the mortgagor execute and do all such assurances
and things for further or better assuring all or any of the
property convoyed (into the mortgagee as by him shall be
reasonably required;






(c) that the mortgagor (until the mortgagee enters into

possession of the property conveyed) will pay all rents payaMe
in respect of the property conveyed, and will perform and
(observe all covenants and conditions, so far as they relate to
the Property conveyed, contained in the Crown lease, licence
or grant under which the property conveyed is held, and
will indernmify the mortgagee against the non-payment of
the said rent and the non-performance and non-observance
of the said covenants and conditions so far as aforesaid.

(2) The following proviso shall also he deemed to be
included:- that if the mortgagor on the stated day pays to
the mortgagee the stated mortgage with interest in the
meantime at the rate, the mortgagee will at any time
thereafter at the request and cost of the mortgagor release the
property to the mortgagor as in this Ordinance is provided.

38.-(1) In a conveyance by the way of mortgage in form C
in the Schedule there shall be deemed to be included the
following further covenants between the mortgagor and the
mortgagee:-

(a) that it shall be lawful for the mortgagee, as from the
date of the mortgage, if not receiving any interest on the
mortgage money, to enter, into Possession of tbe property
conveyed and thenceforth to quietly hold, occupy, enjoy, and
take the same and all benefits and advantages accuring in
respect thereof without in any way accounting to any person
whatsoever in respect thereof, and without any interruption
by any person until the time when such mortgage shall be
redeemed;



(b) that the mortgagee will on demand refund to the
mortgagor all sums paid by the latter on account, of any
Crown rent or taxes payable in respect of the property
conveyed during the possession of the mortgagee, and that
the mortgagee will during such possession Indemnify the
mortgagor against the non-performance and non-observance,
of the covenants and conditions, so far as, they relate to the
property conveyed, contained in the Crown lease, licence or
grant under which such property is held.

(2 The following further provisos shall also be deemed
to be included:-







(a) that on the mortgagor paying to the mortgagee the
principal money (without interest) and all costs lawfully due
to the mortgagee in respect of the mortgage, the mortgagee
will at the request and cost of the mortgagor release the
mortgaged property to the mortgagor as in this Ordinance
is provided;

(b) that the mortgagor shall not be entitled to redeem the


mortgage except on giving three month notice in writing to
the mortgagee of his intention so to do.

39. A transfer to mortgage made in Form D in the Schedule
shall have effect as follows:-


(1) there shall be vested in the person to whom the
mortgage is expressed to be transferred (hereinafter called
the transferee) the right to demand, sue for, recover, and
receipts for the mortgage money or the unpaid part
thereof, and interest (if any) due thereon and theneeforth to
become due thereon, and the benefit of all securities for the
same, and the benefit of and the right to sue on all convenants
with the mortgagee, and the right to exercise all 1he powers

of the mortgagee.

(2) all the estate and interest of the mortgagee in the
mortgaged propertly shall vest in the transferee subject to
redemption.

40.-(1) In any lease made in Form E in the Schedule,
the following covenants by the lessee and lessor respectively
shall be implied:-

(a) by the lessee, at all times during the continuance of
the lease, to pay the rent at the time, and in the manner in
which such rent is stated gto be payable in the lease, and all
rates, taxes, and assessments payable in respect thereof, except
as otherwise expredssly stated, and to keep and deliver up
the said premises to the lessor or person deriving title
under him at the expiration or sooner determination of the term or
tenancy in good order and condition acocrding to
the custom of the country;

(b) by the lessor, to permit the lessee, and those deriving
title from or under him, to enter into and upon, or receive,
and thenceforth quietly hold and enjoy, or take the subject-





matter expressed to be leased during the continuance of the
term or tenancy, so long as the lessee shall perform all the
convenants, agreements and conditions contained in such lease
and on his to bo observed and performed.

(2) The following shall also he deemed to be included:-

(a) A reservation for the lessor at all times in the day-
time, by himself or his agents, of the right to enter into and
upon the said premises for the purpose of inspecting the
same.

(b) A proviso that the lessor, or person deriving title
under him, may, in the event of the rent or any part thereof
being in for the of twenty-one dats after any of
the days on which it ought to be paid, or on the breach by the
lessee of any covenant, condition, or agreement hy him (either
expressed or implied), re-enter upon the said premises the
subject-matter of the lease, or any part thereof in the name
of the whole, and thereupon the said lease shall absolutely
determine and become void.

41. In any conveyance under this Ordinance where any
person is expressed to convey as mortgagee or trustee or as
personal representative of a deceased person, or under an
orde made under this Ordiance or by any court, then the
following covenant only, which shall be deemed to extend
to such person's own acts only, shall be implied:-


that the person so conveying has not executed or done or
knowingly suffered or been party or privy to any act, deed
or thing, wheeby or by means whereof the subject-matter
of the conveyance or any part thereof is, or may be
impeached, charged, affected or incumbered in title, estate
or otherwise, or by means whereof the person who so conveys
is in anywise hindered or prevented from conveying the
subject-matter of the conveyance, or any part thereof, in the
manner in which it is expressed to be conveyed.

42. A mortgagee and any person entitled to give a receipt
for the mortgage money, where the mortgage is made in
accordance with Form B in the Schedule, shall have the
following powers to the like extent as if they had been
conferred by the mortgage deed but not futher:-







(1) where the mortgage money has become due to sell
and convey the mortgaged property, subject to prior charges,
estates and interests (if any) to which the mortgaged prop-
erty is subject, but free from all other estates, interests and
rights to which the mortgage had priority, in such manner
and subjecgt to such conditions, not being at variance
with the meaning of this Ordinance, as he thinks fit, with
power to vary any contract for sale, buy in at any auction, and
rescind any contract for sale, and to re-sell without being
answerable for any loss occasioned thereby: Provided that
a mortgagee shall not exercise the power of sale unless and
until notice requiring payment of the mortgage money has
been served on the mortgageor, or on one of the several
mortgagors, or left on the mortgaged permises, and default
has been made in payment of the mortgage money or part
thereof for one month after such service, or some interest un-
der the mortgage is in arrear and unpaid for one month after
becoming due, or there has been a breach of some provision
contained in the mortgage deed or under this Ordinance
other then a covenant for payment of the mortgage money
and interest;
(2) to insure the mortgaged property, or any part thereof,
for any sum not exceeding the amount of the mortgage mon-
ey, and any moneys paid for such insurance shall be a
on the mortgaged property in addition to the mortgage
money, and with the same priority, and with interest at the
same rate as the mortgage money. The mortgagee shall
account to the mortgagor for all moneys received by him
on an insurance effected on the mortgaged property.

43. When a sale is made under a power of sale conferred
by this Ordinance, the title of the purchaser shall not be
impeached by reason that no case had arisen to authorise the
sale, or that due notice was not given, or that the power was
otherwise improperly or irregularly exercised; but any person
damnified by an unauthorised, improper, or irregular exercise
of the power of sale shall have his remedy in damages against
the person exercising the power.

44. Any money received by a mortgagee from the sale,
after payment and discharge of prior incumbrances (if any) to
which the sale is not subject, shall be applied first in pay-
ment of all proper costs and expenses incurred by him on
such sale, secondly, in payment of the mortgage money,




interest and costs due under the mortgage, and the resideu
(if any) shall be paid to the person entitled to the mortgaged
property, or authorised to give receipts for the proceeds
of sale thereof.

45. The receipt in writing of a mortgagee shall be a
sufficient discharge for any money arising under the power
of sale conferred by this Ordinance, and no person paying or
transferring the same to the mortgagee shall be concerned to
inquire whether any money remains due under the mortgage.

46. When all moneys due under or in respect of any
mortgage have been paid off or the siad mortgage has been
otherwise fully satisfied, a receipt by the mortgagee in Form F
in the Schedule, when registered by the Land Officer, shall
vest in the mortgagor or other persons deriviing title by,
through or under him, the property comprised in such
mortgage, freed and absolutely discharged from the said
mortgage and all claims and demand in respect thereof.

47. A receipt for any consideration money or other consideration
embodied in a deed shall be a sufficient discharge
to any person paying the same without any futher receipt, and
shall in favour of any subsequent purchaser not having notice
that the same was not in fact paid or given be sufficient
evidence of the payment thereof.

48. Where any mortgage made under this Ordiance is
expressed to be made to more persons than on jointly and
not in shares, the mortgage money shall be deemed to be
owing to such persons on a joint account, and the receipt of
the survivor, or his successors or personal representatives,
shall be a complete discharge for that amount.

49. In the construction of a convenant or a proviso, or other
provision implied in a deed by virtue of this Ordinance, words
importing the singular or plural number or the masculine
gender shall be read as also importing the plural or singular
number, or the feminine gender, as the case may require.

50. The benefit of a covenant implied by this Ordinance
shall be annexed and incident to, and shall go with, the
estate or interest of the unplied covenantee, and shall be
capable of being enforced by any person in whom that estate
or interest is, for the whole or any part thereof, vested.






51. Every covenant, whether expressed or implied, shall
be deemed to be made with the convenantee, his successors,
executors, administrators and assigns, and shall have effect
as if successors, executors, administrators and assigns were
expressed.

52. Any covenant or provision implied by this Ordinance
may be varied or extended by deed, and as so varied and
extended shall, as far as may be, operate in the like manner
and with all the like incidents, effects and consequences as
if such variations and extensions were directed in this
Ordinance to be implied.

53. Every conveyance, except a conveyance by way of
lease, shall by virtue of this Ordinance be effectual to pass
all the estate, right, title, interest, claim and demand which
the conveying parties respectively have in, or to, or on the
property so conveyed or expressed or intended to be so
conveyed, lor which they respectively have power to convey
in, or to., or on the same.

54. It shall be lawful for the Governor in Council to
make regulations for the purposes of Part II, and particularly
for fixing the fees to be paid thereunder, and for
providing for the recovery of Crown rent by distraint or
other proceedings. The said regulations shall be published
in both the English and Chinese languages.

55. Any fees payable in virtue of any such regulation
shall be recoverable summarily.

56. A copy of or extract from any document in the
custody of the Land Officer shall, if certified by him to be
correct, be admissible in evidence in all courts to the same
extent as the original document would be admissible.

57. Nothing in this Ordinance shall be deemed to affect
the interests of the Crown, or to confer a larger right in
relation to any land than is granted in the Crown lease,
grant, or licence whereunder the said land is held; and no
liability shall attach to the Land Officer, or to any Assistance
Land Officer, or to the Government, or to the Crown, in
respect of any act done, or entry made by such Land Officer
or Assistant Land Officer in the course of his duty.




PART III.

Small Debts Court.

58. It shall be lawful for a magistrate (to be authorised

for the purpose by the Govornor by notification) to hold a
Small Debts Court in such places in the new Territories
(exclusive of New Kowloon) as the Governor may direct, and
in such court to exercise a summary Jurisdiction at law and
in equity in all actions or matters where the claim, debt, or
damages sought to be recovered does not exceed two
hundred dollars and file, derendarit is residing or carrying
on business in any part of the New territories, excluisive of
New Kowloon, or was residing or carrying on business there
at the time when the cause of action arose :

Provided that if both parties in any such action or matter
shall agree, by a memorandum signed by them or duly
authenticated by their marks, the magistrate may, on satisfying
himself that he effect of the memorandum is fully
understood by the parties, exercise a like jurisdiction where
the claim, debt, or damages sought to be recovered does not
exceed one thousand dollars: Provided alwasy that the
judgment of such magistrate shall not be evidence of title
between the parties or their privies in any other action
or matter in that court, or in any other court; and such
consent shall not prejudice or affect any right of appeal of
either of the parties.

59. All actions for sums not exceeding two hundred
dollars shall be commenced within three years next after the
cause of action accures, unless there has been some contract,
acknowledgement, undertaking, or promise to pay in respect
thereof by the party to be charged within three years before
the commencement of such action.

60. No person shall be precluded or exempted from suing
or being sued for any debt or damages not exceeding two
hundred dollars by reason of his not having attained the full
age of twenty-one years.

61. No cause of action which exists at any one time
amounting in the whole to a sum exceeding two hundred
dollars shall be split or divided so as to be made the ground
of two or more diffeent actions in order to bring such cases
within the jurisdiction of the magistrate, and if the magistrate
finds that the plaintiff in any case has split his cause of action
as aforesaid, he shall dismiss the action, without prejudice
to the plaintiff's right to sue upon the cause of action in such
other manner as he may be adised: Provided that if such
plaintiff is satisfied to recover a sum not exceeding two
hundred dollars, then the magistrate shall entertain the
action of such plaintiff, and in case any order is made in his
favour the same shall be expressed to be, and shall be, in
full discharge of the whole cause of action.

62. It shall be lawful for the magistrate before whom a
cliam under this Part is heard to appoint any fit person to
execute any process of the court in respect of such claim.

63. Any goods or chattels seized under a distress warrant
issued by the autority of a magistrate in respect of any claim
under this Part may be sold by the biliff or other officer
executing such warrant at or near the place of the seizure of
such goods.

64. Where a cliam is made to or in repect of property
taken in execution under this Part by any person other than
the party against whom such execution issued, such cliam
shall be heard and determined by the magistrate upoin a
summons calling before him as well such claimant as the
party on whose behalf such execution issued, and the decision
upon such claim shall be final.

65. No action or proceeding for sums not exceeding two
hunred dollars which might be brought under this Part
before a magistrate shall be brought in the summary
jurisdiction of the Supreme Courty unless by the leave of the
magistrate or with the consent of the defendant.

67. No action or proceeding against any officer of the
Government in his official capacity shall brought under
this Ordinance unless with the consent of the Attorney General.





68. Any magistrate holding a court under this Part, if in
his opinion any action or matter brought before him is of
sufficient imnportance to be dealth with by the Supreme Court
may decline to proceed with the same, and in such event the
plaintiff may thereafter institute proceedings in the Supreme
Court as if no proceedings had been taken under this Part.

69. No legal practitioner shall be allowed to appear on
behalf of any party in any action or matter pending before a
magistrate under this Part except by special permissions of
such magistrate.

70. It shall be lawful for the magistrate on such grounds
as he may think sufficient, to review any judgment or decision
given by him, within one month from the date thereof, and
on such review to re-open and re-try th e case, wholly or in
part, and take fresh evidence, and to reverse, vary, or
confirm his previous judgment or decision.

71. Nothing in this Part shall be deemed to limit in any
way any jurisdiction conferred on the Land Officer by Part II;
neither shall anything in this Part affect the right of
appeal of either of the parties: Provided that the provisions
of the Magistrates Ordinance, 1890, with respect to appeals
shall apply to the decisions of magistrates under this Part.

72. The Governor in Council may make rules for regulating
proceedings under this Part and may prescribe the form
to be used and the fees to be paid in such proceedings.

PART IV.

Miscellaneous.

73. Licences to money-changers and pawnbrokers shall
be issued in the New Territories, and the fees therefor shall
be collected, by such officers as the Governor shall by
notification appoint, in lien of the officers specified in the
Ordinances relating to the said licences and fees respectively.




SCHEDULE.

FORM A.
Conceyance on sale.

In consideration of $ this day (the receipt whereof
is hereby acknowledged) of (1) as vendor
hereby assigns unto of as purchaser
the Lot No. in District No. in the New Territories of
this Colony for the residue of the term of years created by the Crown lease
thereof, subject to the incumbrances mentioned in the schedule hereto.

SCHEDULE.

AS WITNESS the hands and seals of the parties this day of
, 19 .

SIGNED, Sealed and Delivered by




[L.S.]
[L.S.]

FORM B.

Mortgage.

In consideration of $ this day lent (or now owing) the
receipt whereof is hereby acknowledged of
as mortgagor hereby assigns unto of
as mortgagee the Lot No. in District No. in the
New Territories of this Colony for the residue of the term of years created
by the Crown lease thereof, subject to the incumbrances mentioned in the
schedule hereto, for securing payment on the day of ,
19 , of $ as the mortgage money with interest thereon at
day of each month.




SCHEDULE.



AS WITNESS the hands and seals of the parties this day of
, 19 .

SIGNED, Sealed and Delivered by


[L.S.]
[L.S.]

FORM C.
Chinese customary mortgage.


In consideration of $ this day lent (or now owing) the
receipt whereof is hereby acknowledged of
as mortgagor hereby assigns unto of

as mortgagee the Lot No. in District No. in the

New Territorics of this Colony for the residue of the term of years created
by the Crown lease thereof, subject to the incumbrances mentioned in the
schedule hereto, for securing payment on the day of ,

19 , of $ as mortgage money without interest, the mortgagee

to be at liberty to enter into and keep possession of the mortgaged land
until redemption.
SCHEDULE.



AS WITNESS the bands and seals of the parties this day of
, 19 .
SIGNED, Sealed and Delivered by

[L. S.]
[L. S.]






FORM D.

Transfer of mortgage.

In consideration of $ this day paid, the receipt whereof is
hereby acknowledged, of as transferor
hereby transfers to of as transferee the
benefit of the mortgage of Lot No. in District No.
in the New Territories of this Colony, dated the day of ,
19 , and registered by Memorial No.


AS WITNTESS the hands and seals of the parties this day of
, 19 .

SIGNED, Sealed and Delivered by

FORM E.

Lease.

of

lessor, hereby leases unto of
lessee, Lot No. in district No. in the New Territories
of this Colony for th term of years from the day of ,
19 , at the rent of $ per month,


AS WITINESS the hands and seals of the parties this day of

, 19 .


SIGNED, Sealed and Delivered by


[L.S.]
[L.S.]
FORM F.

Receipt on redemption of mortgage.

Received from $ in settlement of all
moneys intended to be secured by the within-written deed.

WITNESS to the signature
of


Originally No.34of1910. No.16 of 1913. No.21 of 1922. No.27 of 1923. Law Rev. Ord., 1924.]. Short title. Saving title. Saving of existing regulations, etc. Ordinances Nos. 8 of 1899, 3 of 1905 and 22 of 1980. Interpretation. Certain enactments not to apply to the New Territories excepting New Kowloon. Ordinance No. 8 of 1887. [ef. No. 31 of 1911, s. 3.] Meaning of certain expressions in existing contracts. Making of rules relating to revenue matters. Ordinance No. 1 of 1873. [s. 6 contd.] Making of rules relating to certain public health matters. Ordinance No. 1 of 1903. Cemeteries. Publication of rules. Punishment for breach of rules. Power to summon Chinese for examination on inquiry. Obligation on person summoned to attend and answer. Warrant for disobedience to summons and penalty therefor. Levying of contributions on inhabitants when extra crime requires provision of extra police. Application of Part II to land in New Territories. Vesting of land in New Territories in the Crown. Ordinance No. 4 of 1900. Land Officer. Assistant Land Officer. District land offices. Documents to be registered in appropriate district office. Payment of rent in money instead of in produce. Redemption of perpetual rent in produce or substitution of annual rent in money. Land Officer to decide questions relating to land summarily. Power of Land Officer. Exclusion of legal practitioners. Appeal from Land Officer to Supreme Court. Exclusion of land disputes from jurisdiction of Supreme Court. Supreme Court may enforce Chinese customs. Registration of judgment. Registration of manager of t'ong, etc. Exemption of certain clans from the Companies Ordinance, 1911. Ordinance No. 58 of 1911. Registration of successors to deceased landholder where no probate granted. [ef. No. 16 of 1915, s. 6(4).] Power to appoint trustees for minors. Ordinance No. 5 of 1901. Certification of memorials. Land Officer not required to keep index. Land Officer to be Comissioner to take acknowledgments. Ordinance No. 5 of 1885. Rights and things included in a conveyance. Conveyance to be in prescribed forms. Schedule. Sales. Schedule. Form A. Implied covenants: (1) Validity of lease, right to convey, further assurance. (2) Purchaser to pay rents, etc. Mortgages. Schedule. Form B. Implied covenants: To pay principal and interest. Validity of lease and right to convey. Quiet enjoyment after default. Further assurance. Mortgagor to pay rents, etc. Proviso for redemption. Chinese customary mortgage. Schedule. Form C. Implied covenants: Quiet enjoyment. Refund of Crown rent and indemnity. Mortgagor to pay rent,etc Proviso for redemption. Chinese customary mortgage. Schedule Form C. Implied convenants: enjoyment. Refund of Crown rent and indemnity. Redemption at end of term. Notice of intention to redeem. Effect of transfer of mortgage. Schedule. Form D. Leases. Implied covenants: Schedule. Form E. To pay rent and yield up at end of term. Quiet enjoyment. Lessor's right to inspect. Proviso for re-entry. Implied covenant on conveyance be mortgagee, trustee, etc. Power of mortgagee; Schedule. Form B. to sell; to insure. Protection of purchasers from mortgagees. Application of proceeds of sale. Mortgagee's receipt a sufficient discharge. Satisfaction of mortgage. Schedule. Form F. Receipt in body of deed to be sufficient. Mortgage to two or more jointly. Construction of implied covenants. Covenant to be annexed to estate. Covenants to extend to successors, etc. Implied covenant may be varied. Provision for all the estate, etc. Power for Governor in Council to make regulations. Recovery of copies receivable in evidence. Ordinance not to affect Crown, etc. Jurisdiction of Small Debts Court. Limitation of actions. Infancy no bar. Prohibition of splitting of claims. Appiontment of person to execute process. Goods seized may be sold at or near place of seizure. Claims in respect of property seized. Exclusive jurisdiction. No action against officer of Government without consent. Provision as to Supreme Court. Exclusion of legal practitioners. Review of judgment. Jurisdiction under Part II and right of appeal reserved. Ordinance No. 3 of 1890. Governor in Council to make rules. Licences to money-changers and pawnbrokers. (1) If the vendor is a mortgagee, trustee, personal representative of a deceased person or a registered manager, his capacity should be stated.

Originally No.34of1910. No.16 of 1913. No.21 of 1922. No.27 of 1923. Law Rev. Ord., 1924.]. Short title. Saving title. Saving of existing regulations, etc. Ordinances Nos. 8 of 1899, 3 of 1905 and 22 of 1980. Interpretation. Certain enactments not to apply to the New Territories excepting New Kowloon. Ordinance No. 8 of 1887. [ef. No. 31 of 1911, s. 3.] Meaning of certain expressions in existing contracts. Making of rules relating to revenue matters. Ordinance No. 1 of 1873. [s. 6 contd.] Making of rules relating to certain public health matters. Ordinance No. 1 of 1903. Cemeteries. Publication of rules. Punishment for breach of rules. Power to summon Chinese for examination on inquiry. Obligation on person summoned to attend and answer. Warrant for disobedience to summons and penalty therefor. Levying of contributions on inhabitants when extra crime requires provision of extra police. Application of Part II to land in New Territories. Vesting of land in New Territories in the Crown. Ordinance No. 4 of 1900. Land Officer. Assistant Land Officer. District land offices. Documents to be registered in appropriate district office. Payment of rent in money instead of in produce. Redemption of perpetual rent in produce or substitution of annual rent in money. Land Officer to decide questions relating to land summarily. Power of Land Officer. Exclusion of legal practitioners. Appeal from Land Officer to Supreme Court. Exclusion of land disputes from jurisdiction of Supreme Court. Supreme Court may enforce Chinese customs. Registration of judgment. Registration of manager of t'ong, etc. Exemption of certain clans from the Companies Ordinance, 1911. Ordinance No. 58 of 1911. Registration of successors to deceased landholder where no probate granted. [ef. No. 16 of 1915, s. 6(4).] Power to appoint trustees for minors. Ordinance No. 5 of 1901. Certification of memorials. Land Officer not required to keep index. Land Officer to be Comissioner to take acknowledgments. Ordinance No. 5 of 1885. Rights and things included in a conveyance. Conveyance to be in prescribed forms. Schedule. Sales. Schedule. Form A. Implied covenants: (1) Validity of lease, right to convey, further assurance. (2) Purchaser to pay rents, etc. Mortgages. Schedule. Form B. Implied covenants: To pay principal and interest. Validity of lease and right to convey. Quiet enjoyment after default. Further assurance. Mortgagor to pay rents, etc. Proviso for redemption. Chinese customary mortgage. Schedule. Form C. Implied covenants: Quiet enjoyment. Refund of Crown rent and indemnity. Mortgagor to pay rent,etc Proviso for redemption. Chinese customary mortgage. Schedule Form C. Implied convenants: enjoyment. Refund of Crown rent and indemnity. Redemption at end of term. Notice of intention to redeem. Effect of transfer of mortgage. Schedule. Form D. Leases. Implied covenants: Schedule. Form E. To pay rent and yield up at end of term. Quiet enjoyment. Lessor's right to inspect. Proviso for re-entry. Implied covenant on conveyance be mortgagee, trustee, etc. Power of mortgagee; Schedule. Form B. to sell; to insure. Protection of purchasers from mortgagees. Application of proceeds of sale. Mortgagee's receipt a sufficient discharge. Satisfaction of mortgage. Schedule. Form F. Receipt in body of deed to be sufficient. Mortgage to two or more jointly. Construction of implied covenants. Covenant to be annexed to estate. Covenants to extend to successors, etc. Implied covenant may be varied. Provision for all the estate, etc. Power for Governor in Council to make regulations. Recovery of copies receivable in evidence. Ordinance not to affect Crown, etc. Jurisdiction of Small Debts Court. Limitation of actions. Infancy no bar. Prohibition of splitting of claims. Appiontment of person to execute process. Goods seized may be sold at or near place of seizure. Claims in respect of property seized. Exclusive jurisdiction. No action against officer of Government without consent. Provision as to Supreme Court. Exclusion of legal practitioners. Review of judgment. Jurisdiction under Part II and right of appeal reserved. Ordinance No. 3 of 1890. Governor in Council to make rules. Licences to money-changers and pawnbrokers. (1) If the vendor is a mortgagee, trustee, personal representative of a deceased person or a registered manager, his capacity should be stated.

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