NEW TERRITORIES ORDINANCE

NEW TERRITORIES ORDINANCE

LAWS OF HONG KONG

NEW TERRITORIES ORDINANCE

CHAPTER 97





CHAPTER 97

NEW TERRITORIES ORDINANCE

ARRANGEMENT OF SECTIONS

Section .............................. Page

PART 1

REGULATION OF THE. NEW
TERRITORIES

1. Short title....................1 .......... . ... ... ... ... 2

2. Interpretation................. . ... . ... ... 2

3. Power of Governor to appoint officers for the administration of the New

Territories ............................. ... ... ... .. ... ... ... 3

4. Power to make rules ....................... ... ... ... ... ... ... 3

5. Publication of rules . .................... 1. ... ... ... ... 3
6. Penalty for breach of rules ............... ... ... ... ... ... 4

PART 11

LAND

7. Application of Part 11 to land in New Territories ... ... ... ... .. ... ... 4

8. Vesting of land in New Territories in the Crown ... ... ... ... 1.1 4
9. Authority of Land Officer ... . ...... ... ... ... ... ... ... ... ... 4
W. Interpretation of---LandOffice-, etc . ... ... ... ... ... ... .1. ... ... C;
11. Preparation, receipt and registration of memorials ... ... ... ... ... ... ... 5
12. Jurisdiction in land matters ... ... ... ... 1 .. ... ... 11 . ... ... .. 1 ... 5
13. High Court or the District Court may enforce Chinese custom's ... ... ... 6
14. (Repealed] ... ... ... ... ... ... . ... ... .. 6
15. Registration of manager of 't'ong' etc . ... ... ... ... ... ... ... ... ... 6
16, Exemption of certain clans from the Companies Ordinance ... ... ... ... 6
17. Registration of successors to deceased landholder A here no probate granted 7
18. Power to appoint trustees for minors ... ... ... ... ... ... ... ... 7
19. Certification of memorials ... ... ... ... ... ... ... 8
20. Land Officer not required to keep index ... ... ... ... ... ... ... ... ... 8
21-41. Repealed 1 ... ... ... ... ... ... ... ... ... ... ... ... ... 8
42. Power to make regulations under Part 11 ... ... ... ... ... ... ... ... 8
43. Certified copies receivable in evidence . ... .. 1 ... ... ... ... ... 8
44. Part not to affect Crown, etc. ... . ... ... ... ... ... ... ... 8
Schedule. [Repealed) ... ... ... ... ... ... ... ... ... ... ... 8





CHAPTER 97

NEW TERRITORIES

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

[28 October 1910]

PART 1

REGULATION OF THE NEW
TERRITORIES

1. This Ordinance may be cited as the New Territories

Ordinance.

(Amended, 5 of 1924. s. 6)

2. 1 this Ordinance, unless the context otherwise requires In this

'Secretary for District Administration' includes Regional Secretary (New
Territories) and District Officer. (Replaced, 62 qf 1948. s. 2.
Amended, 13 of 1961, s. 2; L.N. 94/74; L.N. 370 81 and L.N.
14/83)

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

(A mended, 20 of' 1948, s. 4)

'instrument' includes deed, will, power of attorney. Act of Parliament or
Ordinance; (Amended, 43 of 1912 Supp. Schedule, G.N. 246/13
13)

Note: Transitional provisions. see see. 7 thereof.





'land' includes land covered by water or within the flow of the sea and
houses and other buildings and any undivided share in land and
every estate and interest in land and also includes any rent or
profit issuing out of land and any easement affecting land and also
any market-building or portion of such building and any rent or
profit issuing out of any market-building or portion of such
building; (Replaced, 16 of 1913 s. 21

'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 'mortgagee in possession- is a
mortgagee who. in right of the mortgage, has entered into and is in
possession of the inortgaged property. Amended 50 ol' 1911, and 12
of' 1912, Schedule)

(Amended, 50 of 1911; 51 of 1911 8 of'1912, s. 78: 12 of 1912.
Schedule,. 13 of 1912. Schedule; 43 of 1912. Supp. Schedule,
G.N. 246,113 and 62 of'] 984. s. 66)

3. (1) Without prejudice to any other provision of law the
Governor shall have power to appoint a Secretary for
District Administration a Regional Secretary (New Territories and sue
number of District Officers and Assistant District Officers as
he may consider necessary for the administration of the New Territories.
(Added, 62 of 1948 s.2. Amended, 20 of 1948. s. 4 and 13 of'1961, s.3)

(2) Any District Officer, appointed the Governor to admin-
ister or entrusted by the Secretary for District Administration with
the administration of any particular district of the New Territories,
may be styled and referred to as the District Officer for such
district. (Added, 62 of'1948, s. 2)

(Amended, L.N. 94/74; L.N. 370/81 and L.N. 14/83)

4. The Governor in Council may make rules providing 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.

(Amended, 33 of 1939 Schedule; 20 of 1948, s. 4, and 30 of
1960,s.148)

5.All rules made under section 4 shall be published in the
Gazette and shall be notified in Chinese in the New Territories in
such manner as the Secretary for District Administration may
direct.
(Replaced, 9 of 1950, Schedule. Amended, 20 of 1948, s. 4; L.N. 94174;
L.N. 370/81 and L.N. 14/83)





6. Every person who commits a breach of any rule made under
section 4 shall be liable on summary conviction to a fine of $1,000 or to
imprisonment for 6 months.

(Amended, 30 of 1911, s. 4; 50 of 1911; 12 qf* 1912, Schedule: 21 of
1912, s. 2; 43 of 1912, Supp. Schedule, G.N. 246 13: 5 of 1924,
Schedule; 7 of] 933, s. 3; 20 of' 1948, s. 4, and 62 of* 1948, s. 2)

PART 11

LAND

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

(Amended, 5 of 1924, Schedule)

(2) Upon the application of the registered owner of the lease of any
land which has been purchased from the Crown since 17 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. (Amended, 50 of 1911: 12 of' 1912, Schedule: 43 of 1912 Supp.
Schedule. G.N. 246 13: 9 of 1950 Schedule, and 1 of] 962, s. 2 21a) a)

(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 Croen 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 been
paid. and the Governor may thereupon exempt the said land from
the provisions of this Part: Provided that. in any case ill which
such application refers to land of such small value that. in the
opinion of the Governor, it I's undesirable to grant exemption. the
Governor may, refuse to grant the same. (Amended, 50 of 1911; 51
of 1911; 12 of 1912, Schedule; 13 of 1912. Schedule 5 ol 1924. s.

9 of 1950 Schedule and 1 of 1962 s. 2(b))

8. All land in the New Territories is hereby declared to be and to
have been from 23 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 some Government officer having authority to
grant such licence.

(Amended, 50 of 1911; 12 of 1912, Schedule: 23 of 1912. s. 6, and 33
of] 939, Schedule)

9. (1) The Land Officer is hereby authorized to carry into execution
the provisions of this Part. (Amended, 51 of 1911; 13 of' 1912, Schedule,. 43
of* 1912, Supp. Schedule, G.N. 246. 73, and 5 of' 1924, Schedule





(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 on the Land Officer by this
Ordinance, or by the Secretary for District Administration,
who for the purposes of this Part shall be deemed to be an Assistant Land
Officer. (Amended, 51 of 1911; 13 of 1912, Schedule: 5 of 1924. s. 9;
33 of 1939, Schedule: 62 of 1948. s. 2: L.N. 94 74; L.N. 370 81 and
L. N. 14/83)

10. (1) Where in any Ordinance the expression---LandOfficeor
'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. Pin- shan

(2) In this Ordinance -appropriate New Territories Land Office-
means in relation to any particular land such place approved under
subsection 1) in which the register of deeds containing 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.

(Replaced, 62 1948, s. 2)

11. (1) A memorial of any deed. will or other instrument. 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 Land Officer 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
acknowledgement of the receipt thereof shall be endorsed thereon at the
appropriate New Territories Land Office. (Replaced, 62 of' 1948,s.2)

(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 Land Officer.

(Replaced, 62 of'1948, s. 2. Amended 20 of'1948. s. 4; L.N.
94/74; L.N. 370181 and L.N. 76/82)

12. The High Court and the District Court shall have jurisdiction to
hear and determine all questions and disputes at law or in equity in
connexion with or in any wise arising out of or regarding any land in the
New Territories:





Provided that nothing in this section shall confer any greater
jurisdiction upon the District Court than it exercises from time to time
with regard to questions and disputes at law or in equity in connexion
with or in any wise arising out of or regarding land situate in any part of
the Colony other than the New Territories.

(Replaced, 13 of 1961, s. 5. Amended, L.N. 57; 74)

13. In any proceedings in the High Court or the District 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.

(Amended, 1 of 1953, Fourth Schedule)

14. [Repealed, 38 of 1969, s. 2]

15. 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 may be prescribed.
have full power to dispose of or in any way deal with the said land as if
lie 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 cry 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 he 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 3 months after the acquisition of the
land make and prove the appointment of a manager, or within 3 months
after any change of manager prove the appointment 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 memorial thereof in the
appropriate New Territories Land Office.

(Amended, 50 of 1911, s. 4; 51 of 1911; 12 of 1912 Schedule,. 13
of 1912, Schedule,. 33 of 1939, Schedule, and 20 of'1948, s. 4)

16. Any clan, family or t'ong owning land on 28 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 20 members.

(Amended, 51 of 1911; 13 of 1912, Schedule; 43 of 1912, Supp.
Schedule, G.N. 246113; 33 of 1939, Schedule; 5 of' 1924,
Schedule, and 20 of 1948, s. 4)

17. 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 High Court
within 3 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 called 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 Probate
and Administration Ordinance 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 that if a grant of probate or administration of the estate of
the deceased is made by the High 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.

(Amended, 50 of 1911; 51 of 1911: 12 of 1912. Schedule: 13 of'
1912, Schedule; 43 of 1912, Supp. Schedule, G.N. 246,13; 38
of 1935, s. 3, and 33 of 1939, Schedule)

18. 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.

(Amended, 50 qf 1911, s. 4; 51 of 1911: 13 of 1912, Schedule
5 of 1924, Schedule, and 20 of'] 948, s. 4)

19. For the purposes of this Ordinance, where a memorial of any
deed, will or other instrument is certified by the Land Officer as correct,
it shall not be necessary for such memorial to be verified in accordance
with the provisions of section 7 of the Land Registration Ordinance.

(Replaced, 1 of 1962, s. 3)

20. 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.

(Amended, 20 ol* 1948, s. 4)

21. [Repealed, 72 of 1971. s. 31

22-41. [Repealed, 62 of 1984. s. 66)

42. The Governor in Council may by regulation provide for the
purposes of Part 11. and particularly the fees to be paid thereunder, and
the recovery of Crown rent by distraint or other proceedings. The said
regulations shall be published in both the English and Chinese
languages.

43. 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
he admissible.

51 ol 1911, and 13 ol 1912, Schedule 1

44. 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 that] 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 Crown in respect of
any, act done or entry made by such Land Officer or Assistant Land
Officer in the course of his duty.

(Amended, 50 of 1911 1, and 21 of 1912, s.

SCHEDULE

Repealed 62 ol 1984-s. 66]
Originally 34 of 1910. (Cap. 97, 1950.) 30 of 1911. 50 of 1911. 51 of 1911. 8 of 1912. 12 of 1912. 13 of 1912. 21 of 1912. 23 of 1912. 43 of 1912. 16 of 1913. 21 of 1922. 27 of 1923. 5 of 1924. 6 of 1930. 36 of 1931. 7 of 1933. 25 of 1933. 38 of 1935. 18 of 1938. 33 of 1939. 17 of 1940. 20 of 1948. 62 of 1948. 9 of 1950. 1 of 1953. 18 of 1957. 30 of 1960. 13 of 1961. 1 of 1962. 38 of 1969. 72 of 1971. L.N. 57/74. L.N. 94/74. L.N. 370/81. L.N. 76/82. L.N. 14/83. 62 of 1984. Short title. Interpretation. Power of Governor to appoint officers for the administration of the New Territories. Power to make rules. Publication of rules. Penalty for breach of rules. Application of Part II to land in New Territories. Vesting of land in New Territories in the Crown. Authority of Land Officer. Interpretation of 'Land Office', etc. Preparation, receipt and registration of memorials. Jurisdiction in land matters. High Court or the District Court may enforce Chinese customs. Registration of manager of 't'ong', 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. 10(d), (e)] (Cap. 10.) Power to appoint trustees for minors. (Cap. 29.) Certification of memorials. (Cap. 128.) Land Officer not required to keep index. Power to make regulations under Part II. Certified copies receivable in evidence. Part not to affect Crown, etc.

Originally 34 of 1910. (Cap. 97, 1950.) 30 of 1911. 50 of 1911. 51 of 1911. 8 of 1912. 12 of 1912. 13 of 1912. 21 of 1912. 23 of 1912. 43 of 1912. 16 of 1913. 21 of 1922. 27 of 1923. 5 of 1924. 6 of 1930. 36 of 1931. 7 of 1933. 25 of 1933. 38 of 1935. 18 of 1938. 33 of 1939. 17 of 1940. 20 of 1948. 62 of 1948. 9 of 1950. 1 of 1953. 18 of 1957. 30 of 1960. 13 of 1961. 1 of 1962. 38 of 1969. 72 of 1971. L.N. 57/74. L.N. 94/74. L.N. 370/81. L.N. 76/82. L.N. 14/83. 62 of 1984. Short title. Interpretation. Power of Governor to appoint officers for the administration of the New Territories. Power to make rules. Publication of rules. Penalty for breach of rules. Application of Part II to land in New Territories. Vesting of land in New Territories in the Crown. Authority of Land Officer. Interpretation of 'Land Office', etc. Preparation, receipt and registration of memorials. Jurisdiction in land matters. High Court or the District Court may enforce Chinese customs. Registration of manager of 't'ong', 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. 10(d), (e)] (Cap. 10.) Power to appoint trustees for minors. (Cap. 29.) Certification of memorials. (Cap. 128.) Land Officer not required to keep index. Power to make regulations under Part II. Certified copies receivable in evidence. Part not to affect Crown, etc.

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