APPORTIONMENT ORDINANCE

APPORTIONMENT ORDINANCE

LAWS OF HONG KONG

APPORTIONMENT ORDINANCE

CHAPTER 18





CHAPTER 18.

APPORTIONMENT.

For the better apportionment of rents and other periodical payments.

[10th March. 1886.]

1. This Ordinance may be cited as the Apportionment

Ordinance. (Amended, 5 of 1924, s. 6)

2. In this Ordinance, unless the context otherwise
requires'annuities' includes salaries and pensions,

'dividends' includes (besides dividends strictly so called) all payments
made by the name of dividend, bonus, or otherwise out of the
revenue of trading or other public companies, divisible between all
or any of the members of such respective companies, whether such
payments are usually made or declared at any fixed times or
otherwise; and all such divisible revenue shall, for the purposes of
this Ordinance, be deemed to have accrued by equal daily
increment during and within the period for or in respect of which
the payment of the same revenue is declared or expressed to be
made, but the said word 'dividends' shall not include payments in
the nature of a return or reimbursement of capital;

'rents' includes all periodical payments or renderings in lieu of or in the
nature of rent.

3. All rents, annuities, dividends, and other periodical payments in
the nature of income (whether reserved or made payable under an
instrument in writing or otherwise) shall, like interest on money lent, be
considered as accruing from day to day, and shall be apportionable in
respect of time accordingly.

(Amended, 50 of 1911, s. 4)

4. The apportioned part of any such rent, annuity. dividend, or
other payment shall be payable or recoverable, in the case of a
continuing rent. annuity, or other such payment, when the entire portion
of which such apportioned part forms part becomes due and payable,
and not before; and, in the case of a rent. annuity, or other such
payment determined by re-entry, death. or otherwise. when the next
entire portion of the same would have been payable if the same had not
so determined, and not before.

5. All persons and their respective executors. administrators, and
assigns, and also the executors, administrators, and assigns respectively
of persons whose interests determine with their own deaths, shall have
such or the same remedies at law and in equity for recovering such
apportioned parts as aforesaid when payable (allowing proportionate
parts of all just allowances) as they





respectively would have had for recovering such entire, portions as
aforesaid if entitled thereto respectively:

Provided that persons liable to pay rents reserved out of or
charged on lands or tenements. and the same lands or tenements,
shall not be resorted to for any such apportioned part forming
part of an entire or continuing rent as aforesaid specifically, but
the entire or continuing rent. including such apportioned part, shall
be recovered and received by the person who, if the rent had not
been apportionable under this Ordinance or otherwise, would have
been entitled to such entire or continuing rent, and such appor-
tioned part shall be recoverable from such person by the executors
or other parties entitled under this Ordinance to the same by
action or suit.

6. Nothing in this Ordinance shall render apportionable
any annual sums made payable in policies of assurance of any
description.

7. This Ordinance shall not extend to any case in which it
may be expressly stipulated that no apportionment shall take
place.
(Amended, 50 of 1911; 62 of 1911, Schedule)
Originally 2 of 1886. (Cap. 18, 1950.) 50 of 1911. 62 of 1911. 63 of 1911. 5 of 1942. Short title. 33 & 34 Vict. c. 35, s. 1. Interpretation. 33 & 34 Vict. c. 35, s. 5. Rents, etc., to accrue from day to day. 33 & 34 Vict. c. 35, s. 2. Apportioned part of rent, etc., to be payable when next entire portion due. 33 & 34 Vict. c. 35, s. 3. Remedies for recovering apportioned parts. 33 & 34 Vict. c. 35, s. 4. Exclusion of policies of assurance. 33 & 34 Vict. c. 35, s. 6. Exclusion by express stipulation. 33 & 34 Vict. c. 35, s. 7.

Originally 2 of 1886. (Cap. 18, 1950.) 50 of 1911. 62 of 1911. 63 of 1911. 5 of 1942. Short title. 33 & 34 Vict. c. 35, s. 1. Interpretation. 33 & 34 Vict. c. 35, s. 5. Rents, etc., to accrue from day to day. 33 & 34 Vict. c. 35, s. 2. Apportioned part of rent, etc., to be payable when next entire portion due. 33 & 34 Vict. c. 35, s. 3. Remedies for recovering apportioned parts. 33 & 34 Vict. c. 35, s. 4. Exclusion of policies of assurance. 33 & 34 Vict. c. 35, s. 6. Exclusion by express stipulation. 33 & 34 Vict. c. 35, s. 7.

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