NEW TERRITORIES ORDINANCE

NEW TERRITORIES ORDINANCE

CHAPTER 97.

THE NEW TERRITORIES ORDINANCE.

ARRANGEMENT OF SECTIONS.

PART I-REGULATION OF THE NEW TERRITORIES.

Section Page

1. Short title ........................ ... ... ... ...65
2. Interpretation . . . ... ... ... ... ... ... ... ...65

3. Appointment of Commissioner, etc . 66

4. Power to make rules ..................... ... ... ... ...66
5. Publication of rules .................... ... ... ... ... ... 67

6. Penalties for breach of rules ........... ... ... ... ... ... 38

PART II-LAND.
7. Application of Part to land in New Territories ... ... ... 68

8. Vesting of land ........................... ... ... ... ... 68

9. Land Officer to carry out provisions of Part ... ... ... 69

10. Interpretation of 'Land Office' etc . ... ... ... ... ... 69

11. Preparation receipt and registration of memorials ... 69
12. Land Officer to decide land questions summarily ... 70

13. Powers of Land Officer for such purpose ... ... ... ... 71

14. Exclusion of legal practitioners ......... ... ... ... ... 71

15. Appeal from Land Officer to Supreme Court ... ... ... 71

.16. Exclusion of certain proceedings from jurisdiction of Supreme

Court ................................. ...... ... ... ... ... 72

17. Supreme Court may enforce Chinese customs ... 72

18. Registration of judgment ................. ... ... 72

19. Registration of manager of 't'ong', etc . ... ... ... 72

20. Exemption of certain clans from the Companies Ordinance ...73
21. Registration of successors to deceased landholder where no
probate granted ....................... ... ... ... ... ... 73

22. Power to appoint trustees for minors ... ... ... ... ... 74

23. Certification of memorials ............ ... ... ... ... ... 74

24. Land Officer not required to keep index ... ... ... ... 74

25. Land Officer to be commissioner to take acknowledgments 74

26. Rights etc. included in a conveyance ... ... ... ... ... 74
27. Conveyance to be in prescribed II.- ... ... ... ... ...75
28. Conveyance on sale, implied covenants ... ... ... ... ... 75





section Page

29. Mortgages, implied provisions .......... ... ... ... ... ... 76

Chinese customary mortgage, implied provisions ... ... ... 77

31. Transfer of mortgage, effect ........... ... ... ... ... ... 78
32. Leases, implied provisions ............. ... ... ... ... ... 79

33. Implied covenant on conveyance by mortgagee, trustee, etc. M

34. Powers of mortgagee .. . ............... ... ... ... ... 80

35. Protection of persons purchasing from mortgagees ... ... 81

36. Application of proceeds of sale ........... .. ... ... ... 81

37. Mortgagee's receipt a sufficient discharge ... ... ... ... 81

38. Satisfaction of mortgage ............... ... ... ... ... 82

39. Receipt in body of deed to be sufficient ... ... ... ... 82

40. Mortgage to two oi. more jointly ....... ... ... ... ... ... 82
41. Construction of implied covenants ...... ... ... ... ... ... 82

42. Covenant to be annexed to estate or interest, etc . ... ... 82

43. Covenants to extend to successors, etc. ... ... ... ... 82

44. Implied covenant may be varied ......... ... ... ... ... ... 83
45. Provision for all the estate, etc . .... ... ... ... ... ... 83

46. Power to make regulations under Part II ... ... ... ... 83

47. Recovery of fees ....................... ... ... ... ... ... 83

48. Certified copies receivable in evidence ... ... ... ... ... 82

49. Part not to affect Crown, etc . ........ ... ... ... ... ... 83

PART III-SMALL DEBTS COURT.

50. Jurisdiction of Small Debts Court ...... ... ... ... ... ... 84

51. Limitation of actions .................. ... ... ... ... ... 84

52. Infancy no bar ......................... ... ... ... ... ... 84

53. Prohibition of splitting of clairns .... ... ... ... ... ... 84

54. Appointment of person to execute process ... ... ... ... 85

55. Goods seized may be sold at oi. near place. of seizure ... 85

56. Claims in respect of property seized ... ... ... ... ... 85

57. Exclusive jurisdiction ................. ... ... ... ... ... 95

58. No action against officer of Government without consent ... 85

59. Provision as to Supreme Court .......... ... ... ... ... 85
60. Exclusion of legal practitioners ....... ... ... ... ... ... 86

61. Review of judgment ..................... ... ... ... ... ... 86

62. Jurisdiction under Part II and right of appeal reserved ... 86

63. Rules, forms and fees under Part III ... ... ... ... ... 86

SCHEDULE.
(Comprising forms under Part II.)





CHAPTER 97.

NEW TERRITORIES.

To consolidale and amend the laws relating to the administration
and regulation of the New Territories.

[28 th October, 1910.]

PART I.

Regulation of the, New Territories.

1. This Ordinance may be cited as the New Territories Ordinance.

2. In this Ordinance

'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;

'District Commissioner' includes District Officer;

'possession' in relation to land includes receipt of income;

'instrument' includes deed, will, power of attorney, Act of Parliament
or Ordinance;

'land' includes land covered by water or within the flow of the sea and
houses and other buildings and anv 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 oiportion 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 'mort-





gagee in possession' is a mortgagee who, in right of
the mortgage, has entered into and is in possession of
the mortgaged property.

3. (1) Without prejudice to any other provision of law the Governor
shall have power to appoint a District Commissioner and such number
of District Officers and Assistant District Officers as he may consider
necessary for the administration of the New Territories.

(2) Any District Officer, appointed by the Governor to
administer or entrusted by the District Commissioner with
the administration of any particular district of the New
Territories, may be styled and referred to as the District
Officer for such district.

4. (1) It shall be lawful for the Governor in Council 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 Govertior in Council may, in his absolute discretion,
think fit, and for the keeping of accounts thereof.

(2) It Shall be lawful for the Governor in Council to make rules
applicable to the New Territories (other than New Kowloon) as follows

(a) declaring any specified place to be a market;

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

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

(d)providing for the management and inspection of any market
and for the appointment, control and dismissal of the
managers and inspectors thereof;

(e)prescribing articles or substances which may be sold in
markets;

(f) prescribing articles or substances which shall not be sold
except in markets in any area declared is aforesaid to be
served by a market;





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

(h)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;

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

(j) 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;

(k)for the prevention and abatement of nuisances and the
making of orders by magistrates in connexion therewith ;

(l)for any niatter with regard to which the Urban Council may
for the time being have power to make by-laws to take effect
elsewhere within the Colony under the Public Health (Food)
Ordinance and the Public Health (Sanitation) Ordinance,
1935;

(m) setting apart any places to be used as cemeteries or urn
cemeteries or prohibiting the burial or depositing of any
human remains in or upon any specified places;

(n) prohibiting in any specified place or places 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 specified.

5. All rules inade under section 4 shall be published in the Gazette
and shall be notified in Chinese in the New Territories in such manner
as the District Commissioner mav direct.





6. Every person who commits a breach of any rule made under
section 4 shall upon summary conviction be liable to a fine of one
thousand dollars or to imprisonment for six months.

PART II.

Land.

7. (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, or without such application in the case of a
new grant of land by the Crown, the Governor may, exempt the said
land from the provisions of this Part by a memorandum under his
hand.

(3) Upon the application of the registered owner of any
land not covered by the provisions of subsection (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 Part 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.

8. All land in the New Territories is hereby declared to be and to
have been from the 23rd day of July, 1900, the property 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 under this
Ordinance, or by licence from the Governor or from sonic Government
officer having authority to grant such licence.





9. (1) The Land Officer is hereby authorized 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, 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 Commissioner, who for the purposes of this Part shall be
deemed to be an Assistant Land Officer.

10. (1) Where in any Ordinance the expression 'Land Office' or
'District Land Office' is used it shall include such places as the
Governor in Council may by order from time to time approve as a New
Territories Land Office. Save in so far as any such order shall otherwise
provide each of the following shall, as from the commencement of this
Ordinance, be deemed to have been approved as a New Territories
Land Office by order of the Governor in Council duly made under this
subsection, namely, the respective offices now known and used as the
District Land Office, Kowloon, the District Land Office, Tai Po, and the
District Land Office, Ping Shan.

(2) 'appropriate New Territories Land Office' means
in relation to any particular land such place approved under
the preceding subsection in which the register of deeds con-
taining the last entry in respect of such land shall for the
time being be kept, or, if there is no register of deeds, the
place where the last memorial affecting such land is for the
time being kept.

11. (1) A memorial of any deed, will or other instru-
ment or any judgment, order or lis pendens, in respect of
or affecting land, may be prepared and shall be received at
such places in addition to a New Territories Land Office as
the District Commissioner shall approve : Provided that the
registration of any such memorial shall be deemed to have
been effected on the date and at the time that an acknowledgment
ment of the receipt thereof shall be endorsed thereon at the
appropriate New Territories Land Office.

(2) Notwithstanding anything in this or any other enactment the
registration of any deed, will, or other instrument, or any, judgment,
order or lis pendens, in respect of or





affecting land, shall be deemed to have been validly effected
if effected at any place approved for such purpose by the
District Commissioner.

12. (1) The Land Officer shall have power to decide in a summary
way all question 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, 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 one
thousand dollars or if the total claim exceeds three thousand
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 bona fide, unless either

(i) the defendant consents in writing to his so doing or

(ii) he would have had jurisdiction unde 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 ten thousand
dollars, or an annual value exceeding one thousand 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. [20]

13. (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

(b)compelling the attendance of witnesses, and the production
of documents;

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

(d)making and enforcing any order which made be necessary for
the proper hearing and determination of any matter before him
; and

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

(2) Any 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 of two hundred
dollars.

14. 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.

15. 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 caused 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.





16. 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 proceeding is excluded by or under the provisions of
section 12 :Provided that. nothing in this section shall affect
the operation of section 40 of the Distress for Rent
Ordinance.

17. In any proceedings in the Supreme Court in relation
to land in the New Territories, the court shall have power to
recognize and enforce any Chinese custom or customary right
affecting such land.

18. 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.

19. 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 t'ong shall appoint a manager to represent it. Every
such appointment shall be reported at the appropriate New Territories
Land 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 rnay
be prescribed, 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 t'ong, 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 t'ong. The Land
Officer may on good cause shown cancel the appointment of any manager and
select and register a new manager in his place. If the members of any
clan, family or t'ong 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 New Territories Land Office,

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

21. 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 interest 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 shall be payable,
anything in the Probales Ordinance to the contrary notwithstanding
ding. 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
referred to in this section shall not be payable.





22. 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 New Territories Land 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 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,
to the contrary, notwithstanding.

23. For the purposes of this Ordinance, it shall not be
necessary for a memorial of any deed, will or other instrument
ment to be verified upon oath or certified by a solicitor, but
every memorial Sliall in lieu thereof be certified by the Land
Officer as correct.

24. It shall not be necessary for the 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 orders and
lites pendentes.

25. For the purposes of this Ordinance, the Land Officer and every
Assistant Land Officer shall be deemed to be duly appointed commissioners
for taking acknowledgments of married women under the Married Women
(Disposition of Property) Ordinance.

26. (1) A conveyance shall be deemed to include and shall by
virtue of this Ordinance operate to convey, with the land, all buildings,
erections, fixtures, commons hedges, ditches, fences, ways, waters,
watercourses, liberties, privileges, easements, rights and advantages
whatsoever apper-


taining 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 or reputed or known as part
or parcel of or appurtenant to, the land, houses or other buildings
conveyed, or 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.

(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.

27. 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.

28. 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-

(a) by the vendor with the purchaser, that notwithstanding anything 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 do all acts and execute and
sign all deeds and writings reasonably required for
perfecting the conveyance;

(b) 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 per-
form 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.


29. (1) A conveyance by way of mortgage (when it is the intention
of the paities 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 ever such mortgage

(a) that the mortgagor will on the stated day pay to the mortgage the stated mortgage
money, and will, so long as the mortgage money or any part thereof remains due, pay to
the mortgage 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 convenants





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 die mortgage be
quietly entered into, held and enjoyed by the mortgagee
without any interruption by any person;

(d)that 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
required;

(e)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 idemnify the mortgagee against the
nonpayment 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.

30. (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 mortgage, 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 thereforth 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
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
tile mortgage except on giving three months' notice
in writing to the mortgagee of his intention so to
do.

31. A transfer of mortgage made in Form D in the Schedule shall
have effect as follows

(a)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;

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

32. (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 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 tip 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
custorn 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, agreements
and conditions contained in such lease and on his part to be observed and performed.

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

(a) a reservation for the lessor of the right at all times in the daytime, by himself
or his agents, to enter into and upon the said premises for the purposes 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 subjectmatter of the
lease, or any part thereof in the name of the whole, and
thereupon the said lease shall absolutely determine and
become void.



33. 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 persom 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.

34. 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 further

(a) 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
provisions 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;

(b) to insure the mortgaged 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.

35. 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 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.

36. 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 authorized to give receipts for the proceeds of
sale thereof.

37. 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.

38. When all moneys due under or in respect of any mortgage have been paid off or
the said mortgage has been otherwise fully satisfied, a receipt by the mortgage in
Form F in the Schedule, when registered by the Land officer, shall vest in the
mortgagor or other person 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.

39. 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, further 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.

40. 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 successors or
personal representatives, shall be a complete discharge for that
amount.

41. 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.

42. 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
persoii in whom that estate or interest is, for the whole or any part
thereof, vested

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




44. Any covenant or provision implied by this Ordin-
ance 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 aiid consequen-
ces as if such variations and extensions were directed in this
Ordinance to be implied.

45. 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, or which they respectively have power
to convey in or to on the same.

46. 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, aiid for providing
for the recovery of Crown rent by distraint or other proceed-
ings. The said regulations shall be published in both the
English and Chinese languages.

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

48. 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.

49. Nothing in this Part 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.

50. 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 one thousand
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 it
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 like jurisdiction where the claim, debt or damages
sought to be recovered does not exceed five 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 effect any
right of appeal of either of the parties.

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

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

53. No cause of action which exists at any one time amounting in
the whole to a sum exceeding one thousand 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 one
thousand 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.

54. 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

55. 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.

56. 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.

57. No action or proceeding for sums not exceeding one thousand
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.

58. 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.

59. 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.

60. 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.

61. 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 frorn 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.

62. 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, with respect to appeals shall
apply to the decisions of magistrates under this Part.

63. 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.

SCHEDULE. [s. 27.]

FORM A. [s. 28.]

Conveyance on sale.

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.

Memorial. Date. Parties. Particulars of incumbrances.





As WITNESS the hands and seals of the parties this day of
19 [SEAL]

SIGNED, sealed and delivered by [SEAL]


FORM B. [ss. 29, 34.]

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 the rate of $ per month
payable monthly on the day of each month.

SCHEDULE.

Memorial. Date. Parties. Particulars of incumbrances.

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

19 [SEAL]
SIGNED, sealed and delivered by [SEAL]







FORM C. [s. 30.]

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 and keep
possession of the mortgaged land until redemption.

SCHEDULE


Memorial. Date. Parties. Particulars of incumbrances.

As WITNESS the hands and seals of the parties this day of
,19 [SEAL]

SIGNED, sealed and delivered by [SEAL]

FORM D. [s. 31.]

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 WITNESS the hands and seals of the parties this day of
,19 [SEAL]
SIGNED, sealed and delivered by [SEAL]
1950 vol. III 89 Originally 34 of 1910. Fraser 34 of 1910. 18 of 1938. 17 of 1940. 62 of 1948. 9 of 1950. Short title. Interpretation. 62 of 1948, s. 2. [s. 2 cont.] Power of Governor to appoint officers for the administration of the New Territories. 62 of 1948, s. 2. Rules. (1) Revenue. (2) Markets. 9 of 1950, Schedule. (3) Nuisances. (4) Food (5) Sanitation. (Cap. 140 and 15 of 1935.) (6) Burials. (7) Cattle, swine, etc. Publication of rules. 9 of 1950, Schedule. Punishment for breach of rules. 62 of 1948, s. 2. Application of Part II to land in New Territories. 9 of 1950, Schedule. 9 of 1950, Schedule. Vesting of land in New Territories in the Crown. Land Officer etc. 62 of 1948, s. 2. Interpretation of 'Land Office' etc. 62 of 1948,s . 2. Preparation, receipt and registration of memorials. 62 of 1948. [s. 11 cont.] Land Officer to decide questions relating to land summarily. 62 of 1948,s . 2. Powers of Land Officer. Exclusion of legal practitioners. Appeal from Land Officer to Supreme court. Exclusion of certain proceedings from jurisdiction of Supreme Court. (Cap. 7.) Supreme Court may enforce Chinese cushions. Registration of manager of 'tong' etc. exemption of certain clans from the Companies Ordinance. (Cap. 32.) Registration of successors to deceased landholder where no probate granted. [cf. Cap. 111, s. 7(d), (e).] (Cap. 10.) Power to appoint trustees for minors. (Cap. 29.) Certification of memorials. 9 of 1950, Schedule. Land Officer not required to keep index. Land Officer to be commissioner to take acknowledgments. (Cap. 183.) Rights etc. included in a conveyance. Conveyance to be in prescribed form. Schedule. Conveyance on Sale. Sched. Form A. Implied covenants: (1) By vendor. [s. 28 cont.] (2) By purchaser. Mortgages. Sched. Form B. Implied provisions: (1) Mortgagor's convenants. (2)Proviso for redemption. Chinese customary mortgage. Implied provisions. Sched. Form C. [s. 30 cont.] Transfer of mortgage. Effect. Sched. Form D. Leases. Sched. Form E. Implied provisions: (1) Leasee's covenants. (2) Lseeor's covenant. (3) Reservation. (4) Proviso for re-entry. [s. 32 cont.] Implied covenant on conveyance by mortgagee, trustee, etc. Powers of mortgagee : Sched. Form B. to sell: to insure. Protection of persons purchasing from mortgagees. Application of proceeds of sale. Mortgagee's receipt a sufficient discharge. [s. 37 cont.] Satisfaction of mortgage. Sched. 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 or interest, etc. Covenants to extend to successors. Etc. Implied covenant may be varied. Provision for all the estate, etc. Power to make regulations, under Part II. Recovery of fees. Certified copies receivable in evidence. Part not to affect Crown, etc. Jurisdiction of Small Debts Court. 62 of 1948, s. 2. 62 of 1948, s. 2. Limitation of actions. 62 of 1948, s. 2. Infancy no bar. 62 of 1948, s. 2. Prohibition of splitting of claims. 62 of 1948, s. 2. 62 of 1948, s. 2. 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. 62 of 1948, s. 2. No action against officer of Government without consent. Provision as to Supreme Court. [s. 59 cont.] Exclusion of legal practitioners. Review of judgment. Jurisdiction under Part II and right of appeal reserved. (Cap. 227.) Rules forms and fees under Part III. (1) If the vendor is a mortgagee, trustee, personal representative of a deceased person, or a registered manager, his capacity should be stated. [Sched. Cont.]

Originally 34 of 1910. Fraser 34 of 1910. 18 of 1938. 17 of 1940. 62 of 1948. 9 of 1950. Short title. Interpretation. 62 of 1948, s. 2. [s. 2 cont.] Power of Governor to appoint officers for the administration of the New Territories. 62 of 1948, s. 2. Rules. (1) Revenue. (2) Markets. 9 of 1950, Schedule. (3) Nuisances. (4) Food (5) Sanitation. (Cap. 140 and 15 of 1935.) (6) Burials. (7) Cattle, swine, etc. Publication of rules. 9 of 1950, Schedule. Punishment for breach of rules. 62 of 1948, s. 2. Application of Part II to land in New Territories. 9 of 1950, Schedule. 9 of 1950, Schedule. Vesting of land in New Territories in the Crown. Land Officer etc. 62 of 1948, s. 2. Interpretation of 'Land Office' etc. 62 of 1948,s . 2. Preparation, receipt and registration of memorials. 62 of 1948. [s. 11 cont.] Land Officer to decide questions relating to land summarily. 62 of 1948,s . 2. Powers of Land Officer. Exclusion of legal practitioners. Appeal from Land Officer to Supreme court. Exclusion of certain proceedings from jurisdiction of Supreme Court. (Cap. 7.) Supreme Court may enforce Chinese cushions. Registration of manager of 'tong' etc. exemption of certain clans from the Companies Ordinance. (Cap. 32.) Registration of successors to deceased landholder where no probate granted. [cf. Cap. 111, s. 7(d), (e).] (Cap. 10.) Power to appoint trustees for minors. (Cap. 29.) Certification of memorials. 9 of 1950, Schedule. Land Officer not required to keep index. Land Officer to be commissioner to take acknowledgments. (Cap. 183.) Rights etc. included in a conveyance. Conveyance to be in prescribed form. Schedule. Conveyance on Sale. Sched. Form A. Implied covenants: (1) By vendor. [s. 28 cont.] (2) By purchaser. Mortgages. Sched. Form B. Implied provisions: (1) Mortgagor's convenants. (2)Proviso for redemption. Chinese customary mortgage. Implied provisions. Sched. Form C. [s. 30 cont.] Transfer of mortgage. Effect. Sched. Form D. Leases. Sched. Form E. Implied provisions: (1) Leasee's covenants. (2) Lseeor's covenant. (3) Reservation. (4) Proviso for re-entry. [s. 32 cont.] Implied covenant on conveyance by mortgagee, trustee, etc. Powers of mortgagee : Sched. Form B. to sell: to insure. Protection of persons purchasing from mortgagees. Application of proceeds of sale. Mortgagee's receipt a sufficient discharge. [s. 37 cont.] Satisfaction of mortgage. Sched. 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 or interest, etc. Covenants to extend to successors. Etc. Implied covenant may be varied. Provision for all the estate, etc. Power to make regulations, under Part II. Recovery of fees. Certified copies receivable in evidence. Part not to affect Crown, etc. Jurisdiction of Small Debts Court. 62 of 1948, s. 2. 62 of 1948, s. 2. Limitation of actions. 62 of 1948, s. 2. Infancy no bar. 62 of 1948, s. 2. Prohibition of splitting of claims. 62 of 1948, s. 2. 62 of 1948, s. 2. 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. 62 of 1948, s. 2. No action against officer of Government without consent. Provision as to Supreme Court. [s. 59 cont.] Exclusion of legal practitioners. Review of judgment. Jurisdiction under Part II and right of appeal reserved. (Cap. 227.) Rules forms and fees under Part III. (1) If the vendor is a mortgagee, trustee, personal representative of a deceased person, or a registered manager, his capacity should be stated. [Sched. Cont.]

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