CROWN RIGHTS (RE-ENTRY AND VESTING REMEDIES) ORDINANCE

CROWN RIGHTS (RE-ENTRY AND VESTING REMEDIES) ORDINANCE

LAWS OF HONG KONG

CROWN RIGHTS (RE-ENTRY AND VESTING

REMEDIES) ORDINANCE

CHAPTER 126





CHAPTER 126

CROWN RIGHTS (RE-ENTRY AND VESTING REMEDIES) ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

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

PART 11

EXERCISE OF RIGHT OF RE-
ENTRY

3. Exercise of right of re-entry by the Crown ... ... ... ... ... ... ... ... 3
4. Memorial of re-entry ... ... ... ... ... ... ... ... ... ... ... ... ... 3
5. Notice of registration of memorial ... ... ... ... ... ... ... ... ... ... 3
6. Acceptance of rent not to operate as a waiver of right of re-entry or forfeiture ... 3

PART III

VESTING OF RELEVANT INTEREST IN THE FINANCIAL SECRETARY
INCORPORATED

7. Power to vest relevant interest in The Financial Secretary Incorporated ... ... 4

PART IV

RELIEF AGAINST RE-ENTRY UPON LANDS OR
TENEMENTS OR
VESTING OF RELEVANT INTEREST

8. Right to apply for relief against re-entry or vesting ... ... ... ... ... ... ... 5

9. Power of Governor or Governor in Council to order cancellation of memorial of
re-entry or vesting notice ... ... ... ... ... ... ... ... ... ... ... 6
10. Powers of High Court in respect of application for relief ... ... ... ... ... 6
11. Cancellation of memorial of re-entry ... ... ... ... ... ... ... ... ... ... 6
12. Cancellation of vesting notice ... ... ... ... ... ... ... ... 7

PART V

MISCELLANEOUS

13. Service ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7
14. Ordinance not in derogation of other remedies .. ... .. ... ... ... ... ... 7

15. Saving.................................. ... ... ... ... ... ... ... ... 8





CHAPTER 126

CROWN RIGHTS (RE-ENTRY AND VESTING REMEDIES)

To make provisions enabling certain interests in land and connected
rights and obligations to be vested in The Financial Secretary v
Incorporated in circumstances where the Crown is entitled to
exercise a right of re-entry under a Crown lease or default is
made
in the payment qf Crown rent or premium, and to consolidate
those provisions with the provisions set forth in the repealed
Crown Rights (Re-entry) Ordinance, and for connected or
incidental purposes.

(Amended, L.N. 180,185)

[1 June 1970.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Crown Rights (Re-entry and
Vesting Remedies) Ordinance.

2. In this Ordinance, unless the context otherwise requires

'determined annual instalment of premium' means the sum determined by the
Land Officer under section 12 of the Crown Rent and Premium
(Apportionment) Ordinance as the annual instalment of premium payable
in respect of a relevant interest;

'determined Crown rent' means the sum determined by the Land Officer under
section 12 of the Crown Rent and Premium (Apportionment) Ordinance
as the Crown rent payable in respect of a relevant interest;

'former owner' in relation to a lot or relevant interest means the owner of that
lot or interest immediately before the time of registration in the Land
Office of a memorial of re-entry or a vesting notice, as the case may be;

'lot' means any piece or parcel of ground the subject of a Crown lease and also
means a section which by virtue of section 8(3) or 27(2) of the Crown
Rent and Premium (Apportionment) Ordinance is deemed to be a lot for
the purposes of that Ordinance;

new Crown lease' means such a lease as is deemed to be granted under Part 11
of the Crown Leases Ordinance; (Added, 68 of 1977,s.2)





,,owner' means

(a)the person whose name is registered in the Land Office as that of the
owner or one of the owners of the lot or relevant interest, as the case
may be;

(b)a mortgagee under a mortgage which is registered in the Land Office;
and

(c)the executors, administrators assigns, and a successor in title of an
owner as defined in paragraph (a) or (b);

.,relevant interest' means the undivided share in the lot on which a building
stands, the owner of which share, as between himself and the owners of
the other undivided shares in that lot, is entitled under the terms of an
instrument registered in the Land Office to exclusive possession of
premises in that building;

'The Financial Secretary Incorporated' means the corporation incorporated
under that name by the Financial Secretary Incorporation Ordinance;
(Amended, L.N. 180/85)

,'vesting notice' means a vesting notice registered in the Land Office under
section 7.

PART 11

EXERCISE OF RIGHT OF RE-ENTRY

3. When a right of re-entry upon lands or tenements has accrued to the
Crown, such right may be exercised or enforced without any actual re-entry
being made on the premises.

4. (1) Whenever it is necessary to enforce a right of re-entry by the Crown
upon any lands or tenements for the breach of any covenant in the Crown lease
thereof, or for the breach of any condition or stipulation of any tenancy thereof,
a memorial of an instrument of re-entry, under the hand of any public officer
authorized by the Governor to sign such instruments, may be registered in the
Land Office.

(2) Immediately on the registration of such a memorial, the Crown shall be
deemed to have re-entered upon the lands or tenements described therein and in
respect of which the right of re-entry has accrued, and the said lands and
tenements shall thereby become re-vested in the Crown as fully as if the Crown
lease thereof had determined, or, as fully as if the tenancy had determined, as the
case may be.

5. Notice of the registration of a memorial of re-entry by the Crown shall
be published in the Gazette.

6. The acceptance of rent by or on behalf of the Crown shall not operate
as a waiver by the Crown of any right of re-entry accruing or of any forfeiture
incurred by reason of either the breach of any covenant in a Crown lease or the
breach of any condition or stipulation in any tenancy of land held of the
Crown.





PART III

VESTING OF RELEVANT INTEREST IN THE FINANCIAL
SECRETARY INCORPORATED

(Amended, L.N. 180185)

7. (1) Where-

(a)a right of re-entry upon land accures to the Crown in
consequence of the breach of a covenant, condition or
stipulation in a Crown lease, a new Crown lease or tenancy
thereof--- (Amended, 68 qf 1977, s. 3)

(i) by the owner of a relevant interest, or a tenant or other
person occupying premises, the entitlement to exclusive
possession of which is attached to the ownership of the
relevant interest; or

(ii) in respect of a relevant interest; or

(b)default is made in the payment of determined Crown rent or
determined annual instalment of premium in respect of a
relevant interest,

a vesting notice, under the hand of any public officer authorized by the
Governor to sign such instruments, may be registered in the Land
Office.

(IA) Where default is made in the payment of a demand under
section 13(1) of the Crown Leases Ordinance a vesting notice, under the
hand of any public officer authorized by the Governor to sign such
instruments, may be registered in the Land Office against the relevant
interest of which the tenement to which the demand relates forms a part.
(Added, 68 of 1977, s. 3)

(2) Upon the registration of a vesting notice in the Land Office

(a)the relevant interest against which the Crown is entitled to
proceed; and

(b)the rights and obligations of the former owner of that relevant
interest under any instrument registered in the Land Office and
relating to the occupation of premises and connected matters,

shall vest in The Financial Secretary Incorporated absolutely and free
from- (Amended, L.N. 180/85)

(i)any mortgage or charge, whether legal or equitable and
whether registered in the Land Office or not;

(ii) any lien;

(iii)any right vested in any person by which the relevant interest is
or might become security for the payment or repayment of
money; and

(iv)any right or obligation contained in any instrument not
registered in the Land Office.





(3) The Land Officer shall cause a copy of every vesting notice
registered in the Land Office under subsection (1) or (IA)(Amended,
68 of 1977, s. 3)

(a)to be served, in the manner provided by section 13, on the
former owner of the relevant interest; and

(b) to be published in the Gazette.

PART IV

RELIEF AGAINST RE-ENTRY UPON LANDS OR TENEMENTS
OR
VESTING OF RELEVANT INTEREST

8. (1) Subject to subsections (3) and (4), where a memorial of re-
entry has been registered under section 4 in the Land Office, the former
owner may

(a)petition the Governor to grant him relief against the re-entry;

(b)apply to the High Court in its equitable jurisdiction for relief
against the re-entry

(i) if he disputes the right of the Crown to re-enter,' or

(ii) if the circumstances are such that he would have been
entitled to apply for relief against re-entry had the lessor been
a private party and exercised his right of re-entry.

(2) Subject to subsections (3) and (4), where a vesting notice has
been registered under section 7 in the Land Office, the former owner of a
relevant interest which is the subject of the vesting notice may

(a)petition the Governor to grant him relief against the vesting;

(b)apply to the High Court in its equitable jurisdiction for relief
against the vesting

(1) if he disputes the right of the Crown to proceed under
section 7; or

(ii) if the circumstances are such that he would have been
entitled to apply for relief against re-entry had the lessor been
a private party and exercised his right of re-entry.

(3) A petition or application under subsection (1) or (2) may be
made within 6 months from the registration of the memorial of re-entry or
vesting notice, as the case may be. but in the case of a petition to the
Governor the Governor may extend this period where he considers it
just.

(4) A petition to the Governor under subsection (])(a) or (2)(a) shall
be a bar to any subsequent application to the High Court under
subsection (1)(b) or (2)(b).





9. (1) Upon consideration of a petition under section 8, the
Governor may

(a)order the cancellation of the memorial of re-entry so far as it
affects the lands and tenements in respect of which the
petition was made or the cancellation of the vesting notice so
far as it affects the relevant interest in respect of which the
petition was made, upon such terms as to costs, expenses,
damages, compensation., penalty or otherwise as he shall in
his discretion think fit; or

(b)direct that the petition be referred to the Governor in Council.

(2) The Governor in Council, upon considering a petition referred
to him under subsection (1), may

(a)order the cancellation of the memorial of re-entry so far as it
affects the lands and tenements in respect of which the
petition was made or the cancellation of the vesting notice so
far as it affects the relevant interest in respect of which the
petition was made, upon such terms as to costs, expenses,
damages, compensation, penalty or otherwise as he shall in
his discretion think fit, or

(b) dismiss the petition.

10. On the hearing of an application to the High Court under
section 8, the Court may exercise the same powers and make the same
decree or order as in an action between private parties for the same relief
and may order the cancellation of the memorial of re-entry so far as it
affects the lands and tenements in respect of which the application was
made or the cancellation of the vesting notice so far as 'It affects the
relevant interest in respect of which the application was made.

11. (1) A memorial of re-entry by the Crown shall be taken to be
cancelled in respect of the whole or part of the lands and tenements
affected by it if a memorandum to the effect that the memorial is
cancelled in respect of the whole or part of such lands and tenements by
order of the Governor or Governor in Council or of the High Court, as
the case may be, is written on the memorial and signed by the Land
Officer.

(2) Immediately on cancellation in accordance with subsection (1),
a memorial of re-entry, so far as it affects the lands and tenements
specified in the memorandum, shall become void to all intents and
purposes as if it had never been registered, and the lands and tenements
described in the memorandum shall be ipso facto revested in the former
owner for all his previous estate or interest therein; and the Crown lease
thereof, and every mortgage, charge, lien or other right or obligation
previously existing in relation thereto shall be deemed to be as valid and
subsisting in every respect as if no re-entry had been effected by the
Crown.





(3) Notice of the cancellation of a memorial under subsection (1)
shall, within 30 days thereof, be served upon the former owner by the
Land Officer and be published in the Gazette.

12. (1) A vesting notice shall be taken to be cancelled in respect of
the whole or part of the relevant interest affected by such notice if a
memorandum to the effect that the vesting notice is cancelled in respect
of the whole or part of such relevant interest by order of the Governor or
Governor in Council or of the High Court, as the case may be, is written
on the memorial of the vesting notice and signed by the Land Officer.

(2) Immediately on cancellation in accordance with subsection (1),
a vesting notice so far as it affects the relevant interest specified in the
memorandum shall become void to all intents and purposes as if the
same had never been made or registered and the relevant interest and
the rights and obligations specified in the memorandum shall be
revested ipso facto in the former owner for all his previous estate or
interest therein; and every mortgage, charge, lien or other right or
obligation previously existing in relation thereto shall be deemed to be
as valid and subsisting in every respect as if no vesting notice had been
registered at the Land Office.

(3) Notice of the cancellation of a vesting notice under subsection
(1) shall, within 30 days thereof, be served upon the former owner by the
Land Officer and be published in the Gazette.

PART V

MISCELLANEOUS

13. For the purposes of this Ordinance, service of any notice may
be effected

(a) personally; or

(b) by registered post; or

(e) in the case of a notice under section 7(3) or 12(3)

(i) by leaving the notice with an adult person who appears
to be an occupier of the premises the entitlement to the
exclusive possession of which is attached to the relevant
interest affected by the notice; or

(ii) by posting the notice upon a conspicuous part of such
premises.

14. Nothing in this Ordinance shall be construed so as to take away
or affect any other remedies of the Crown for the enforcement of rights
of re-entry upon any lands or buildings.





15. Notwithstanding the repeal of the Crown Rights (Re-
entry) Ordinance, that Ordinance, in this section referred to as the
repealed Ordinance, shall continue to have effect for the purpose
of-

(a)enabling any person who, immediately before the
commencement of this Ordinance, has a right to apply for
relief under the provisos to section 3 or under section 4 of
the repealed Ordinance, to apply for relief in all respects
and subject to the same limitations, as if the repealed
Ordinance had not been repealed; and

(b)enabling any application for relief under the provisos to
section 3 or under section 4 of the repealed Ordinance,
pending at the time of commencement of this Ordinance or
made after the commencement of this Ordinance by virtue
of paragraph (a) to proceed and be determined in all
respects as if the repealed Ordinance had not been
repealed.
Originally 44 of 1970. 68 of 1977. L.N. 180/85. L.N. 73/70. Short title. Interpretation. (Cap. 125.) (Cap. 40.) (Cap. 1015.) Exercise of right of re-entry by the Crown. 1859, c. 21, s. 25. (22 & 23 Vict.) Memorial of re-entry. Notice of registration of memorial. Acceptance of rent not to operate as a waiver of right of re-entry or forfeiture. Power to vest relevant interest in The Financial Secretary Incorporated. (Cap. 40.) Right to apply for relief against re-entry or vesting. Power of Governor or Governor in Council to order cancellation of memorial of re-entry or vesting notice. Powers of High Court in respect of application for relief. Cancellation of memorial of re-entry. Cancellation of vesting notice. Service. Ordinance not in derogation of other remedies. Saving. (Cap. 126, 1964 Ed.)

Originally 44 of 1970. 68 of 1977. L.N. 180/85. L.N. 73/70. Short title. Interpretation. (Cap. 125.) (Cap. 40.) (Cap. 1015.) Exercise of right of re-entry by the Crown. 1859, c. 21, s. 25. (22 & 23 Vict.) Memorial of re-entry. Notice of registration of memorial. Acceptance of rent not to operate as a waiver of right of re-entry or forfeiture. Power to vest relevant interest in The Financial Secretary Incorporated. (Cap. 40.) Right to apply for relief against re-entry or vesting. Power of Governor or Governor in Council to order cancellation of memorial of re-entry or vesting notice. Powers of High Court in respect of application for relief. Cancellation of memorial of re-entry. Cancellation of vesting notice. Service. Ordinance not in derogation of other remedies. Saving. (Cap. 126, 1964 Ed.)

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