CROWN RENTS (APPORTIONMENT) ORDINANCE

CROWN RENTS (APPORTIONMENT) ORDINANCE

CHAPTER 125.

CROWN RENTS (APPORTIONMENT).

To make Provision for the apportionment of Crown rents.

131st January, 1936.]

1. This Ordinance may be cited as the Grown Rents

(Apportion ment) Ordinance.

2. In this Ordinance

'Crown lease' means any lease granted by the Crown and includes
any instrument whereby the term of a Crown lease may have been
extended or the provisions thereof varied;

'determined rent' means the annual sum determined by the Land
Officer under this Ordinance as the amount payable by way of
Crown rent in respect of any section of a lot;

'Land Office' means the principal Land Office at Victoria and does not
include any district land office;

lot means any piece or parcel of ground situate in the Colony of Hong
Kong which has been leased by the Crown and has been
registered in the Land Office;

section means any portion or division of a lot which lias been, or shall
be, assigned or in any other manner alienated or retained on such
assignment or alienation for the whole of the term or interest
created by the Crown lease thereof, and which lias been or shall be
registered in the Land Office; .

owner in relation to a section means the person whose name is
registered in the Land Office as that of the owner or holder of a
section and this expression includes a registered mortgagee.

3. Upon the application of a section owner and on

payment of the prescribed fees the Land Officer may, in

his discretion, determine what annual sum, shall be payable

to the Crown by way of Crown rent in respect of the section

owned by such section owner.

4. (1) The amount of the determined rent of a section

shall ' in so far as is reasonable bear a like proportion to

the Grown rent of the lot of which it forms part as the





proportion which the area of the section bears to the area -of the lot :
Provided that if the Land Officer is satisfied that the rent of any section
as the same may appear in the -Crown Rent Roll or in any instrument
registered in the Land Office lias been fixed substantially in accordance
with the principle laid down in this subsection and is fair and
reasonable he may accept such rent as the basis for fixing the
determined rent.

(2) In any case in which the -rent reserved by the Crown lease is
expressed in terms of sterling the sterling rent shall for the purposes of
this Ordinance be converted into Hong Kong currency at the rate of
four shillings and two pence as equivalent to one dollar.

(3) In fixing the determined rent the Land Officer shall add and
include such sum, if any, as may be necessary to make the determined
rent an ever number of dollars.

5. (1) For the purpose of determining the area of any lot or section
the Land Officer may accept as correct any statement as to such area
contained in any Grown lease or other instrument registered in the
Land Office or contained in any plan annexed to or indorsed upon any
such Crown lease or instrument.

(2) If the Land Officer shall 'be of the opinion that the area of any
lot or section necessary to be ascertained for the purpose of calculating
the determined rent is uncertain he may require such lot or section to be
surveyed, and a plan or certificate showing the area of the lot or section
and purporting to be signed by the Director of Public Works or by an
officer authorized by him may be accepted by the Land Officer as
conclusive evidence of the area of the lot or section. Notice that a
survey is required shall be given by the Land Officer to the applicant
for determination of the rent and at any time within fourteen days after
the giving of such notice the application may be withdrawn.

(3) The fees for any survey required by the Land 'Officer under the
preceding subsection shall be paid and borne by the section owner on
whose application the rent is to be determined.





6. When i determined rent is fixed on the application
of a section owner other than the owner of the remaining
portion of a lot the proportions of the Crown rent payable
in respect of other portions of the lot shall not be affected
thereby.

7. When an application for the determination of the
rent is made by the owner of the remaining portion of a
lot and the Land Officer shall, in his discretion, decide to
make such determination the following additional provisions
shall apply-
(a)the Land Officer shall fix the determined rents for
and in respect of eacli and every of the sections
of the lot in like manner as if a separate request
for determination had been made in respect of each
and every of such sections;
(b)the owner of each and every section of the lot shall
be bound by such determination in all respects as
if he had made application therefor;
(c)all fees payable under this Ordinance for determina-
tion and for any survey required by the Land
Officer shall in respect of an application under this
section be paid by the owner of the remaining portion
of the lot, who shall, however, have a right of relief
against the other section owners of the lot and shall
be entitled to payment from each of them of the fee
for registration and survey, applicable to the section
of such section owner. A certificate, purporting to be
under the hand of the Land Officer and setting forth
the sum paid by the owner of the remaining portion
in respect of such fees, shall, in any proceeding for
recovery, be prima facie evidence, of such payment.

8. (1) Every determination shall state the determined
rent of every section to which it relates arid when it does
not relate to every section forming part of the lot shall state
the Crown rent of the remainder of the lot as the same
may be ascertained from the Land Office records.

(2) Every determination shall be signed by the Land
Officer and shall be registered by him in the Land Office
against every section in respect whereof the rent is deter-
mined and also against the remaining portion of the lot.





(3) Notice of every determination shall be published in the
Gazette.

9. (1) On the registration and notification of a determination made
under section 3, a section owner, in respect i' of whose section a
determined rent has been fixed, shall hold such section, and shall be
deemed to have held such section, as from the date up to which the
Crown rent was last paid, subject to the payment of the determined rent
as if a separate Crown lease of such section had been granted to such
section owner at the determined rent, such Crown lease containing all
covenants (including a covenant to pay the determined rent) and
stipulations exceptions reservations powers and conditions (including
the condition of re-entry) as are contained in the Crown lease of the lot
so far as the same shall not be inapplicable to such section.

(2) The rights of the Crown under the Crown lease of the lot
against the person or persons in whom is vested any part of such lot in
respect whereof a determined rent has not been fixed shall not be
affected.

(3) On the registration and notification of a determination made
under section 7, all the section owners shall hold such sections, and
shall be deemed to have held such sections, as from the date up to
which the Crown rent was last paid, subject to the payment of the
determined rents as if separate Crown leases of such sections had been
granted to such section owners at the determined rents, such Grown
leases containing all covenants (including covenants to pay the
determined rents) and stipulations exceptions reservations powers and
conditions (including the conditions of re-entry) as are contained in the
Crown lease of the lot so far as the same shall not be inapplicable to
such sections.

(4) Any section the rent whereof shall have been determined under
this Ordinance shall, upon registration and notification of such
determination, be deemed to be a lot within the meaning of this
Ordinance, for the purposes of any future application and determination
made thereunder.

10. After a determination has been registered and notified in the
Gazette no alteration shall be made in it except as provided by section
II or to correct merely clerical or mathematical errors.





11. (1) Any person who is aggrieved by a determination of the
Land Officer made under this Ordinance may appeal to the Governor in
Council within one month from the date of the notification of the
determination in the Gazette and the Land Officer may at any time
apply to the Governor in Council for the revision of a determination,
and the Governor in Council may make any such order thereon as he
shall think fit including an order as to the payment of the fees for any
survey required for the purposes of the appeal or revision.

(2) An order made by the Governor in Council under the provisions
of this section shall be final and conclusive and the Land Officer shall
register against the property affected such amended determination as
may be required to give effect to such order and shall publish in the
Gazette notice of such amended determination.

(3) Any person who is aggrieved by the refusal of the Land Office
to make a determination under this Ordinance, may appeal to the
Governor in Council within one month from the date of such refusal,
and the Governor in Council may disallow such appeal, or direct the
Land Officer to proceed with such determination. The decision of the
Governor in Council shall be final and conclusive.

12. (1) The fees mentioned in the Schedule shall be paid for and in
respect of the several matters therein stated.

Such fees shall be paid by means of stamps which shall be duly
cancelled by the Land Officer.

(2) The provisions of section io of the Supreme Court (Summary
jurisdiction) Ordinance, shall apply to the recovery of fees payable,
under this Ordinance and the certificate required by such provisions
shall be signed only by the Land Officer.

13. This Ordinance shall not apply to lots, areas or districts
situated in the New Territories except such lots, areas or districts as
have been or shall be

(a)exempt from the provisions of Part 11 of the New Territories
Ordinance under section 7 thereof; or

(b)specified by proclamation of the Governor, and frorn such
dates as shall be so specified.





SCHEDULE. [ss. 3, 5, 7, 11 & 12.1

Table of Fees.
For fixing the determined rent of a section under section 3 $30.00
For fixing the determined rent under section 7:
in respect of the remaining portion $30.00
in respect of each other section ..$ 5.00
For the registration of a determination under section 3 $15.00
For the registration of a determination under section 7:
in respect of the remaining portion $15.00
in respect of each other section ..$ 3.00
For any survey required by the Land Officer or for which
payment is ordered by the Governor in Council for each
and every section surveyed ........$20.00
4 of 1936. 15 of 1941. Short title. Interpretation. 15 of 1941, s. 2. Determination of rent on application of section owner. Principles to be observed in determining rent. Proof of areas. Determination of rent of section not to affect remainder of lot. Provisions where application is made by the owner of the remaining portion of a lot. Procedure on determination. Effect of determination. 15 of 1941, s. 3. Correction of errors. Appeals and revisions. Fees and costs of survey Schedule. (Cap. 5.) Application. (Cap. 97.)

4 of 1936. 15 of 1941. Short title. Interpretation. 15 of 1941, s. 2. Determination of rent on application of section owner. Principles to be observed in determining rent. Proof of areas. Determination of rent of section not to affect remainder of lot. Provisions where application is made by the owner of the remaining portion of a lot. Procedure on determination. Effect of determination. 15 of 1941, s. 3. Correction of errors. Appeals and revisions. Fees and costs of survey Schedule. (Cap. 5.) Application. (Cap. 97.)

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