CROWN LEASE (POK FU LAM) ORDINANCE

CROWN LEASE (POK FU LAM) ORDINANCE

LAWS OF HONG KONG

CROWN LEASE (POK FU LAM) ORDINANCE

CHAPTER 118





CHAPTER 118

CROWN LEASE (POK FU LAM)

To make provision for the better establishment of the identity of certain
portions of ground situated at Pok Fu Lam in the Island of Hong
Kong with the parcels and plots of ground at the said Pok Fu Lam
that were demised under a Crown Lease dated 1 January 1893.

[28 October 1966.1

WHEREAS

(1) by the said Crown Lease the said parcels of ground were
demised respectively to the persons whose names are set out in a
schedule to the said Lease for the terms of years stated in that schedule:

(2) the said parcels of ground are set out and described in the said
schedule and were according to the said Lease more particularly
delineated and described on a plan of Pok Fu Lam deposited in the Land
Office:

(3) it appears that in association with the demise of a number of the
said parcels of ground certain plots of ground were set aside as land for
use in cultivation to be held at annual rents additional to those required
to be paid in respect of such parcels of ground:

(4) the said plan of Pok Fu Lam has been mislaid and cannot now
be found in consequence of which some difficulty arises as to the
identity as aforesaid of the said parcels and plots of ground:

(5) for the avoidance of doubts and in the interests of the rightful
lessees under the said Lease it is considered expedient that such
identity be clearly established:

1. This Ordinance may be cited as the Crown Lease (Pok Fu Lam)
Ordinance.

2. In this Ordinance, unless the context otherwise requires

'demised' means demised under the Lease;



'Director' means the Director of Land 'or his duly authorized
representative; (Amended, L.N. 76182)

'Lease' means the Indenture of Lease dated 1 January 1893, and made
between the Crown of the one part and the several persons whose
names are set out in the schedule to the Lease of the other part,
whereby certain parcels of ground situated at Pok Fu Lam in the
Island of Hong Kong were demised;





'original plan' means the plan of Pok Fu Lam mentioned in the Lease as
being deposited in the Land Office;

'parcel' means any of the parcels of ground demised and set out and
described in the schedule to the Lease;

'plot' means any of those plots of ground that in association with
the demise of certain of the parcels appear to have been set aside
as land for use in cultivation to be held at annual rents
additional to the rents required to be paid in respect of such
parcels;

'published' means published in the Gazette and in one daily newspaper
printed in the English language for circulation in the Colony and in
one such newspaper printed in the Chinese language.

3. As soon as may be after the commencement of this Ordinance
the Governor may direct the Director to prepare a plan with the object of
replacing for all purposes the original plan.

4. On receipt of the direction under section 3, the Director shall
prepare the plan and may cause such data and information to be
obtained as he thinks fit for the purpose of assisting in the preparation
of the plan.

5. The plan shall delineate and describe the parcels and plots in so
far as is possible from existing records and the data and information
obtained and shall

(a)indicate the position of each parcel and that of any plot set
aside in association with the demise thereof,

(b)give as far as practicable the current postal address of each
parcel and any such plot;

(c)give any other available information relevant to the
establishment of the position of the parcels and plots.

6. Upon completion of the plan the Director shall cause a notice to
be published declaring

(a)that the plan has been prepared and is available for inspection
by the public;

(b)a suitable place at which the plan may be so inspected and the
hours during which it shall be open to such inspection,

(c)that any person claiming to have an interest in any land
comprised in the plan and who considers that the plan is
incorrect in any manner that is prejudicial to such interest may,
within 60 days after the date of the publication of such notice
in the Gazette, or within such longer period as the Governor
may allow in any particular case, serve upon the Director an
application in writing specifying the nature of such interest
and the manner in which such person considers the plan to be
incorrect together with sufficient





indication of the grounds for such consideration, and
requesting that the plan be corrected accordingly.

7. (1) Upon the expiration of the period specified or allowed
under section 6, the Director shall consider the applications (if any)
received by him pursuant to that section and may direct such further
data and information to be obtained relative to any such application
as he thinks fit.

(2) After consideration of such applications and, if he has so
directed, of any such further data and information obtained, or,
where no such applications are received by him. the Director may
allow the plan to stand unamended or amend it in such manner as he
thinks fit, and thereafter shall cause a notice to be published
approving the plan, either in the form as made available to the
public under section 6, or as amended in accordance with this
subsection and specifying the manner in which the same has been
amended.

8. (1) Any person claiming to have an interest in any land
comprised in the plan as approved under section 7(2) and who con-
siders that such plan is incorrect in any manner that is prejudicial to
such interest may. within 30 days after the publication under that sub-
section of the notice in the Gazette, apply to the District Court for an
order directing the Director to amend the plan in the manner specified
in the application or in such other manner as the court may think just.

(2) Notwithstanding anything contained in the Crown Pro-
ceedings Ordinance, the Director shall be named as defendant in any
application made under subsection (1), and the court, of its own
motion or on application made to it, may in addition cause to be
joined as co-defendant any person who it appears may be affected by
any order which may be made directing the amendment of the plan.

(3) In any case in which a person to be joined as a co-defendant
in proceedings under this section is absent from the Colony or
cannot, after reasonable inquiry, be found, the court may in its
discretion appoint a solicitor to represent such person.

(4) An application to the District Court under this section
shall be instituted by an originating summons and shall for all
purposes relating to costs and fees be deemed to be an action in
respect of which the value of the claim exceeds $500 but does not
exceed $2,000.

9. Where an application is made under section 8 within the
time specified therein, the District Court, having heard the represen-
tations of the parties and any evidence adduced by them. may, if it
thinks fit, order the Director to amend the plan as approved under
section 7(2), either in the manner specified in the application or in
such other manner as the court may think just.





10. Any party to an application made under section 8 who is
aggrieved by a decision of the District Court under section 9 may
appeal against such decision within 14 days after the making thereof
to a judge, who may confirm, reverse or vary the decision of the
District Court, and the decision of the judge on any such appeal
shall be final.

11. The plan, as approved under section 7(2), or, if amended
by order of the District Court or a judge, as so amended after all
applications and all appeals have been finally disposed of under
sections 9 and 10, respectively, shall be deemed for all purposes to be
the original plan; and the Director shall cause a notice to be published
stating that the plan stands as so approved, or, where the plan is so
amended, specifying the manner in which it is amended.
Originally 33 of 1966. L.N. 76/82. Preamble. Short title. Interpretation. Governor may direct the preparation of a plan. Preparation of plan. Contents of plan. Completed plan to be open to inspection; and method of objection thereto. Approval of plan by Director. Application to District Court for amendment of plan. (Cap. 300.) District Court may order the amendment of the plan. Appeal to a judge. Plan as approved or amended to take the place of original plan.

Originally 33 of 1966. L.N. 76/82. Preamble. Short title. Interpretation. Governor may direct the preparation of a plan. Preparation of plan. Contents of plan. Completed plan to be open to inspection; and method of objection thereto. Approval of plan by Director. Application to District Court for amendment of plan. (Cap. 300.) District Court may order the amendment of the plan. Appeal to a judge. Plan as approved or amended to take the place of original plan.

https://oelawhk.lib.hku.hk/items/show/2530

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