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 Territories.

[28th October, 1910]

PART I

Regulation.

1. This Ordinance may be cited as the New Territories
Regulation Ordinance, 1910.

[S. 2, rep. Law Revision Ordinance, 1939.]

3. In this Ordinance,

(a) 'Conveyance' includes assignment, appointment, lease,
settlement and other assurance, made by deed on a sale,
mortgage, demise or settlement of land or on any other dealing
with land; and ' convey ' has a meaning corresponding with
that of conveyance;

(b) ' District Officer ' includes Assistant District Officer;

(c) ' Income ' in relation to land includes rents and profits,
and 'possession ' includes receipt of income;

(d) ' Instrument ' 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

The provisions of this Ordinance are not affected by the Rating Ordinance,
1901 : see No. 6 of 1901, s. 49 (4). (c).
For application of Public Health [Sanitation] and Buildings Ordinances,
1935, set No. 15 of 1935, s. 99, and No. 18 of 1935, a. 167 (1).





building and any rent or profit issuing out of any market-
building or portion of such building;

'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 ' includes
any person deriving title under the original mortgagee; and
to mortgagee in possession ' is a mortgagee who, in right of the
mortgage, has entered into and is in possession of the mortgaged
property;

[s. 4, rep. No. 25 Of 1933.]

[s. 5, rep. Law Revision Ordinance, 1939.]

6. It shall be lawful for the Governor in Council-

(i) 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

(2) by notification published in the Gazette and by notice
in the Chinese language posted in such place as any District
Officer may think fit-

(a) to declare that any specified place in the New Territories,
exclusive of New Kowloon, shall be a market;

(b) to determine the boundaries of any market and the area
to be served thereby; and

(c) to make rules---
(i) prescribing the construction and form of any building
erected or to be erected in any market;
(ii) providing for the management and inspection of any
market and for the appointment, control. and dismissal of the
managers and inspectors thereof;

* As amended by No. 36 of 1931 [1.1.32]
As amended by Law Rev. Ord., 1939.





(iii) prescribing articles or substances which may be sold,
in markets;
(iv) prescribing articles or substances which shall not be
sold except in markets in any area declared as aforesaid to be
served by a market;
(v) providing for the regulation and sanitary maintenance
of any market includingthe 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
salesmen within or without any market;
(vii) providing for the control and licensing of and the fees
to be taken from hawkers 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 which may be deemed necessary or desirable in the
interests of sanitation or good order.

6A-(i) It shall be lawful for the Governor in Council to
make rules, to take effect within the New Territories except New
Kowloon, in any matter with regard to which the Urban Council
may for the time being have power to make by-laws under the
Public Health (Sanitation) Ordinance, 1935.

(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).
(3) It shall be lawful for the Governor in Council to make
rules prohibiting the keeping of cattle, swine, sheep or goats
either generally or except under and in accordance with a licence
from the Urban Council or such other authority as may be

As amended by No. 7 of 1933 [24.3.33]
As amended by Law Rev. Ord., 1939.





specified, in any place or places in the New Territories except
New Kowloon, specified in such rules.

7. All rules made drider section 6 or 6A 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 or. 6A shall upon summary conviction be liable to
a fine not exceeding one hundred dollars or to imprisonment
for any term not exceeding six months.

[ss. 9, 10, 11, 12, rep. Law Revision Ordinance, 1939.]

PART II

Land.

13-(1) This Part applies to the New Territories only.

(2) Upon the application of the registered owner of the
lease of any land which has been purchased from the Crown
since the 17th day of April, 1899, and in respect of which a
separate Crown lease has been or is intended to be issued, the
Governor may exempt the said land from 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 Crown, the
Governor may direct a new Crown lease for such land to be
issued after due survey thereof has been made and the prescribed
fees have been 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.

14. All land in the New Territories is hereby declared to be
and to have been from the 23rd day of July, 1900, the property

As amended by No. 7 of 1933 [24.3.33].
As amended by Law Rev. Ord., 1939.





of the Crown, and all persons in occupation of any such land
shall be deemed to be trespassers as against the Crown, unless
such occupation is authorized by grant from the Crown, or by
other title allowed tinder this Ordinance, or by licence from the
Governor or from some Government officer having authority to
grant such licence.

15.-(1) The Land Officer is hereby authorized to carry into
execution the provisions of this Part.
Where by any enactment anything is required or
appointed to be done by the, Land Officer, the same may be
lawfully done by any Assistant, Land Officer appointed by the
Governor, who shall have the same powers as are conferred upon
the Land Officer by this Ordinance, or by the District Officer,
who for the purposes of this Part shall be deemed to be an
Assistant Land Officer.
16. The Governor in Council may by order establish one or
more district land offices for the purposes of carrying out the
provisiorls of this Ordinance, and may also define the districts
into which the New Territories shall be divided for the purposes
of this Ordinance, and the place where the office for each district
(hereinafter called the appropriate office) shall be situate:
Provided that it shall be lawful for the Governor in Council to
alter or vary such districts or the place of any such office as he
may think expedient. Where in any Ordinance ' Land Office'
is used it shall be deemed to include any district land office.

17. The registration of any deed, will or other instrument,
or any judgmefit, order or lis pendens, in respect of or affecting
land shall be made at the appropriate office for the district in
which such land is situate 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 office. 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 such district.

[ss. 18, 19, rep. Law.Revision Ordinance., 1939.]

20.-(1) The Land Officer shall have power to decide in a
summary way all questions and disputes in connexion with or

As amended by Law Rev. Ord., 1939.
For order made under this section, see the Regulations of Hong Kong
(1937 edition).





in anywise arising out of or regarding any land, and he may,
within three months from giving his decision, reopen and rehear
the case upon such grounds as he shall in his discretion deem
sufficient, and reverse, vary or confirm the previous decision or
judgment:

Provided as follows-

(a) the Land Officer shall not have power to decide, any
question or dispute to which the Crown is a party unless the
Governor consents in writing to his so doing;

(b) the Land Officer shall not have power to decide any
claim to arrears of rent if the monthly value of the rent exceeds
five hundred dollars, or if the total claim exceeds one thousand
five hundred dollars;

(c) the Land Officer shall not have power to decide any
claim to arrears of rent where the title of the plaintiff is in his
opinion disputed bond fide, unless either

(i) the defendant consents in writing to his se doing or
(ii) he would have had jurisdiction under paragraph (d) of
this proviso if the claim, instead of being a claim to arrears of
rent, had been a claim in respect of the land out of which the
rent in question issues or is alleged to issue;

(d) the Land Officer shall not have power to decide any
question or dispute (other than a claim to arrears of rent) in
respect of any land having a capital value exceeding five thousand
dollars, or an annual value exceeding five hundred dollars,
unless with the written consent of the parties to such question
or dispute.

(2) The Land Officer shall have power to recognize and
enforce any Chinese custom or customary right in relation to
land, and the decision or judgment of the Land Officer shall be
binding on all parties concerned unless the same is varied or set
aside as hereinafter provided.

21.-(1) For the purposes 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 witnesses upon oath, or otherwise:

As amended by No. 6 of 1930 [1.8.30].
As amended by Law Rev. Ord., 1939.





(b) compelling the attendance of witnesses, and the produc-
tion of documents:

(c) entering and viewing land and ordering inspection of
any property:

(d) making and enforcing any order which may be neces-
sary for the proper hearing and determination of any matter
before him: and

(e) enforcing any judgment given under the provisions of
this Ordinance.

(2) Every person who wilfully gives false evidence 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 entitled 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 that if any person considers himself
aggrieved by any such judgment, 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 on good
cause shown grants 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 Supreme Court, unless the Crown is a party
or the jurisdiction of the Land Officer in respect of such pro-
ceeding is excluded by or under the provisions of section 20:
Provided that nothing in this section shall affect the operation
of section 40 of the Distress for Rent Ordinance, 1883.

25. In any proceedings in the Supreme Court in relation
to land in the New Territories, the court shall have power
As amended by No. 6 of 1930 [1.8.30].
As amerided by Law Rev. Ord., 1939.





recognize 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 enter a memorandum of such
judgment in the land register. No fee shall be payable for such
entry.

27. Whenever any land is held from the Crown under lease
or other grant, agreement or licence in the name of a clan,
family or t'ong, such clan, family or Vong shall appoint a
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 appointment
shall, if he approves thereof, register the name of the said
manager who shall, after giving such notices as may be pre-
scribed, have full power to dispose of or 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 Vong,
which is executed or signed by the registered, manager thereof
in the presence of the Land Officer and is attested 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 Vong.
The Land Officer may on good cause shown cancel the appoint-
ment of any manager and select and register a new manager in
his place. If the members of any clan, family or Vong holding
land do 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 appoint-
ment of a new manager, it shall be lawful for the Crown to
re-enter upon the land held by such clan, family or t'ong, which
shall thereupon become forfeited. Such re-entry shall be effected
by the registration of a memorandum thereof in the appropriate
office.

28. Any clan, family or t'ong owning land on the 28th day
of October, 1910, in respect of which a manager has 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 charitable purposes or such other uses

AS amended by Law Rev. Ord., 1939.





of a similar nature as are recognized by established local custom,
or for dwelling-houses occupied by bond fide members of the
clan, family or t'ong, be required to be registered under the
Companies Ordinance, 1932, although such clan, family or t'ong
may ponsist of more than twenty members.

29. In the event of the death 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 three 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), and on being satisfied
that any estate duty which may be due has been paid, 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 idterest of the deceased person therein, or for such
estate and interest as shall be 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 Officer by the successor, but no
probate fees or grobate duties shall be payable, anything in the
Probates Ordinance, 1897, to the contrary notwithstanding. The
registered successor shall be liable for the debts of the deceased
in the same manner and to the same extent as if a grant of
probate or administration had been made to him: 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 minor, 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

As amended by No. 38 of 1935 [1.1.37].
As amended by Law Rev. Ord., 1939.





removal of any trustee the land shall divest from the trustee so
removed and vest in the 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 Trustee Ordinance,
1934, to the contrary notwithstanding.

31. For the purposes of this Ordinance, it shall not be
necessary for a memorial of any deed, will or other instrtiment
to be verified upon oath, but every memorial shall in lieuthereof
be certified by the Land Officer as correct.

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

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

34.(1) A conveyance shall be deemed to include and shall
by virtue of this Ordinance operate to convey, with the land, all
buildings, erectionsi 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
conveyance 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 buildings
thereon shall be deemed to include and shall by virtue of this
Ordinance operate to convey, with the land, houses or other
buildings, all outhouses, erections, fixtures, cellars, areas, courts,
courtyards, cisterns, sewers, gutters, drains, ways, passages,
lights, watercourses, liberties, privileges, easements, rights and





advantages whatsoever appertaining 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, houses or other buildings conveyed, or
uy 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.

(4) 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 this 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 28th day of October,
1910, shall be made according to one of the forms set out in the
Schedule 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 covenants sliall be deemed to be
included in every such conveyance-

(i) by the vendor with the purchaser, that notwithstanding
anything by the vendor done or knowingly omitted or suffered,
thel 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 if 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 do all acts and execute and sign all deeds

As amended by Law Rev. Ord., 1939.





and writings reasonably 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 conveyed is held
pay all rents payable 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 said Crown
lease, licence or grant, and will indemnify the vendor against
the non-payment of the said rents and the non-performance and
non-observance of the said covenants 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 II in the Schedule, and the
following convenants 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 the
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 ot 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 contained 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 conveyed may 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) thaf the mortgagor and every 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 conveyed
unto 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 payable
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 indemnify 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 be deemed to be
included: that if the mortgagor on the stated day pays to
the mortgagee the stated mortgage money with interest in the
meantime at the stated 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 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 the property
conveyed and thenceforth quietly to hold, occupy, enjoy and
take the same and all benefits and advantages accruing 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 is 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 con-
ditions, 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

* As amended by Law Rev. Ord., 1939.





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 months' notice in writing.to the
mortgagee of his intention so to do.

39. A transfer of 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 give receipts
for the mortgage money or the unpaid part thereof, and interest
(if any) due thereon and thenceforth to become due thereon,
and the benefit of all securities for the same, and the benefit of
and the right to sue on all covenants with the mortgagee, and
the right to exercise all the powers of the mortgagee;
(2) all the estate and interest of the mortgagee in the
mortgaged property shall vest in the transferee subject to
redemption.

40.-(1) In any lease made in Form D 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 to be payable in the lease, and all rates, taxes
and assessments payable in respect thereof, except as otherwise
expressly stated, and to keep and deliver up the said premises to
the lessor or persons deriving title under him at the expiration
or sooner determination of the term or tenancy in good order and
condition according 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 performs all the covenants, agree-
ments and conditions contained in such lease and on his part
to be observed and performed.

As amended by Law Rev. Ord., 1939.





(2) The following shall also be 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
arrear.for the space of twenty-one days 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 by 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 order
made under this Ordinance 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, whereby 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 accord-
ance 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 further-

(i) 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 property
is subject, but free from all other estates, interests and rights to
which the mortgage had priority, in such manner and subject 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 mortgagor, or on one
of the several mortgagors, or left on the mortgaged premises,
and. default has been made in payment of the mortgage money
or part thereof for one month after such service, or some interest
under 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 in this Ordinance other than
a covenant for payment of the mortgage money and interest;

(2) to insure the mortgaked property or any part thereof
for any sum not exceeding the amount of the mortgage money,
and any moneys paid for such insurance shall be a charge 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 sate conferred by
this Ordinance, the title of the purchaser shall not be impeached
by reason that no case had arisen to authorize 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 unauthorized, 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 payment 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 residue (if any) shall be paid to the
person entitled to the mortgaged property or authorized to give
receipts for the proceeds of sale thereof.

45. The receipt in writing of a mortgagee shallbe a sufficient
discharge for any money arising under the power of sale con-
ferred 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 tinder or in respect of any
mortgage have been paid off or the said 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 deriving title by, through or
under him the property comprised in such mortgage, freed and
absolutely discharged from the said mortgage and all claims and
demands in respect thereof.

47. A receipt for any consideration money or other con-
sideration embodied in a deed shall be a sufficient discharge to
any person paying the same without any, further receipt, and
shall in favour of any stibsequent 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 Ordinance is
expressed to be made to more persons than one 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 successorg or personal representatives, shall be a complete
discharge for that amount.

49. In the construction of a covenant 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 implied 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 covenantee, 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 con-
veying parties respectively have in or to or on the property so
conveyed or expressed or intended to be so conveyed, or 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 Assistant 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 authorized for
the purpose by the Governor 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 the
defendant is residing or carrying on business in any part of the
New Territories, exclusive 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
agree, by a memorandum signed by them or duly authenticated
by their marks, the magistrate may, on satisfying himself that
the effect of the memorandum is fully understood by the parties,
exercise a likejurisdiction where the claim, debt or damages
sought to be recovered does not exceed one thousand dollars:
Provided always 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 accrues, unless there has been some contract, acknow-
ledgment, undertaking or promise to pay in respect thereof by
the party to be charged within three years before the commence-
ment 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 different 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 advised: Provided that if such plaintiff is satisfied
to recover a sum not exceeding two hundred dollars then the





magistrate shall entertain the action of shch 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 claim
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 authority of a magistrate in respect of any claim
under this Part may be sold by the bailiff or other officer
executing such warrant at or near the place of the seizure of
such goods.
64. Where a claim is made to or in respect of property taken
in execution under this Part by any person other than the party
against whom such execution issued, such claim shall be heard
and determined by the magistrate upon 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 of proceeding for sums not exceeding two
hundred dollars which might be brought under this Part before
a magistrate shall be brought in the summary jurisdiction of the
Supreme Court unless by the leave of the magistrate or with the
consent of the defendant.

[s. 66, rep. No. 12 of 1912.]

67. No action or proceeding against any officer of the
Government in his official capacity shall be 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 importance to be dealt 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 entitled to appear on behalf
of any party in any action or matter pending before a magistrate
under this Part except by special permission of such magistrate.

As amended by Law Rev. Ord., 1939.






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 reopen and retry the case, wholly or in part, and
to 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 Magis-
trates Ordinance, 1932, 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 forms to be
used and the fees to be paid in such proceedings.
[PART IV, rep. No. 8 of 1912, No. 25 of 1933
and Law Revision Ordinance, 1939]

SCHEDULE. [s. 35.]

FORM A. [s. 36.]

Conveyance on sate.

In consideration of $this day paid (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

SIGNED, sealed and delivered by



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

FORM B. [ss. 37, 42.]

Mortgage

In consideration of $ this day lent (or now owing) the
receipt whereof is hereby acknowledged of
ais 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 the rate of $ per month
payable monthly on the day of each month. -


As WITNESS the hands and seals of the parties this day of

19

SIGNED, sealed and delivered by


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





FORM C [S. 38.]


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 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 mortgage money
without interest, the mortgagee to be at liberty to enter into and keep
possession of the mortgajed land until redeniption.

AS WITNESS the hands and seals of the parties this day of
19
SIGNED, sealed and delivered by
[L.S.]
[L.S.]




FORM D. [s. 39.]

Transfer of mortgage.

In consideration of $ this day paid, the receipt whereof
is hereby acknowledged, of as transferor
hereby transfers to of as transferhe the
benefit of the mortgage of Lot No. in District No.
in the New Territories of this Colony, dated the day of
19 and registeredby Memorial No.
As WITNESS the hands and seals of the parties this day of

19

SIGNED, sealed and delivered by

FORM E. [ S. 40]

Lease.

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

As WITNESS the hands and seals of thd parties this day of

19

SIGNED, sealed and delivered by

[L. S.]

FORM F. [s. 46.]
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. 34 of 1910. No. 6 of 1930. No. 36 of 1931. No. 7 of 1933. No. 25 of 1933. No. 7 of 1935. No. 38 of 1935. Law Rev. Ord., 1939.] Short title. Interpretation. [27.10.33] Making of rules relating to revenue matters. [cf. No. 6 of 1901, s. 49 (6).] Making of rules relating to certain public health matters. Ordinance No. 15 of 1935. Cemeteries. Publication of rules. Punishment for breach of rules. Application of Part II to land in New Territories. Vesting of land in New Territories in the Crown. Land Officer. Assistant Land Officer. District land offices. Documents to be registered in appropriate district office. Land Officer to decide questions relating to land summarily. Powers of Land Officer. Exclusion of legal practitioners. Appeal from Land Officer to Supreme Court. Exclusion of certain proceedings from Jurisdiction of Supreme Court. Ordinance No. 1 of 1883. Supreme Court may enforce Chinese customs. Registration of judgment. Registration of manager of 't'ong', etc. Exemption of certain clans from the Companies Ordinance, 1932. Ordinance No. 39 of 1932. Registration of successors to deceased landholder where no probate granted. [cf. No. 3 of 1932, s. 6 (4), (4B).] Ordinance No. 2 of 1897. Power to appoint trustees for minors. Ordinance No. 18 of 1934. Certification of memorials. Land Officer not required to keep index. Land Officer to be commissioner 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 convenants : (1) Validity of lease, right to convey, further assurance. (2) Purchaser to pay rents, etc. mortgages. Schedule. Form B. Implied convenants : 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 convenants : Quiet 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. Schedule. Form E. Implied convenants ; To pay rent and yield up at end of term. Quiet enjoyment. Lessor's right to inspect. Proviso for re-entry. Implied convenant on conveyance by mortgagee, trustee, etc. powers 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 convenants. Convenant to be annexed to estate. Convenants 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 fees. Certified 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. Appointment 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. 41 of 1932. Governor in Council to make rules. (1) If the vendor is a mortgagee, trustee, personal representative of a deceased person or a registered manager, his capacity should be stated. [Sched. Contd.] [Sched. Contd.] [Sched. Contd.]

[Originally No. 34 of 1910. No. 6 of 1930. No. 36 of 1931. No. 7 of 1933. No. 25 of 1933. No. 7 of 1935. No. 38 of 1935. Law Rev. Ord., 1939.] Short title. Interpretation. [27.10.33] Making of rules relating to revenue matters. [cf. No. 6 of 1901, s. 49 (6).] Making of rules relating to certain public health matters. Ordinance No. 15 of 1935. Cemeteries. Publication of rules. Punishment for breach of rules. Application of Part II to land in New Territories. Vesting of land in New Territories in the Crown. Land Officer. Assistant Land Officer. District land offices. Documents to be registered in appropriate district office. Land Officer to decide questions relating to land summarily. Powers of Land Officer. Exclusion of legal practitioners. Appeal from Land Officer to Supreme Court. Exclusion of certain proceedings from Jurisdiction of Supreme Court. Ordinance No. 1 of 1883. Supreme Court may enforce Chinese customs. Registration of judgment. Registration of manager of 't'ong', etc. Exemption of certain clans from the Companies Ordinance, 1932. Ordinance No. 39 of 1932. Registration of successors to deceased landholder where no probate granted. [cf. No. 3 of 1932, s. 6 (4), (4B).] Ordinance No. 2 of 1897. Power to appoint trustees for minors. Ordinance No. 18 of 1934. Certification of memorials. Land Officer not required to keep index. Land Officer to be commissioner 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 convenants : (1) Validity of lease, right to convey, further assurance. (2) Purchaser to pay rents, etc. mortgages. Schedule. Form B. Implied convenants : 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 convenants : Quiet 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. Schedule. Form E. Implied convenants ; To pay rent and yield up at end of term. Quiet enjoyment. Lessor's right to inspect. Proviso for re-entry. Implied convenant on conveyance by mortgagee, trustee, etc. powers 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 convenants. Convenant to be annexed to estate. Convenants 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 fees. Certified 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. Appointment 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. 41 of 1932. Governor in Council to make rules. (1) If the vendor is a mortgagee, trustee, personal representative of a deceased person or a registered manager, his capacity should be stated. [Sched. Contd.] [Sched. Contd.] [Sched. Contd.]

https://oelawhk.lib.hku.hk/items/show/1508

1937

v2

97

No. 34 of 1910

24