NEW TERRITORIES (RENEWABLE CROWN LEASES) ORDINANCE

NEW TERRITORIES (RENEWABLE CROWN LEASES) ORDINANCE

LAWS OF HONG KONG

NEW TERRITORIES (RENEWABLE CROWN LEASES)

ORDINANCE

CHAPTER 152





CHAPTER 152.

NEW TERRITORIES (RENEWABLE CROWN LEASES).

To make provision for the renewal of certain Crown leases of land in
the New Territories.

[9th May, 1969.]

1. This Ordinance may be cited as the New Territories (Renewable
Crown Leases) Ordinance.

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

'existing Crown lease- means such a Crown lease as is referred to in
section 3;

'lot' means any piece or parcel of ground demised under a Crown lease;

'new Crown lease- means such a Crown lease as is deemed to be
granted under section 4;

'section'' means any portion of a lot which has been

(a)assigned or alienated for the whole of the term created by the
existing Crown lease of the lot; or

(b)declared to have been divided or severed from the remainder of
the lot,

by or under an instrument which is registered in a District Land
Office and also means any portion of a lot retained following such
assignment or alienation.

3. This Ordinance applies to every Crown lease existing immediately
before the expiration of the 30th day of June 1973 under which land in
the New Territories is demised for a term of seventy-five years from the
1st day of July 1898 and which contains a right of renewal for a further
term of twenty-four years less three days, other than leases of land
exempted from Part 11 of the New Territories Ordinance under
subsection (2) or (3) of section 7 thereof.

4. (1) In the case of an existing Crown lease of a lot which has not
been divided into sections before the 1st day of July 1973, the right of
renewal contained in the lease shall be deemed to have been exercised
by the person entitled to that right and on that date there shall be
deemed to be granted to such person a new Crown lease of the land held
by him immediately before that date under the existing Crown lease.

(2) In the case of an existing Crown lease of a lot which has been
divided into sections before the 1st day of July 1973, the right of
renewal contained in the lease shall be deemed to have





been exercised by the persons entitled to that right and on that date
there shall be deemed to be granted to such persons separate new
Crown leases of the land respectively held by them immediately before
that date under the existing Crown lease.

(3) Every new Crown lease shall be deemed to be for a term of
twenty-four years less three days from the 1st day of July 1973, and
shall be deemed to contain

(a)where the new Crown lease is deemed to be granted under
subsection (1), a reservation of the same annual Crown rent as
was payable for the year ending on the 30th day of June 1973
in respect of the land to which the new Crown lease relates;

(b)where the new Crown lease is deemed to be granted under
subsection (2), a reservation of the same annual Crown rent as
may appear from the Crown Rent Roll in the appropriate
District Office to have been payable for the year ending on the
30th day of June 1973 in respect of the land to which the new
Crown lease relates;

(c)a covenant by the lessee to pay in the same manner and on
the same days as are specified in the existing Crown lease
whichever of the annual Crown rents referred to in paragraphs
(a) and (b) is applicable;

c

(d)the same covenants, exceptions, reservations, stipulations,
provisos and declarations (including the right of re-entry)
mutatis mutandis as are contained in the existing Crown lease
of the land to which the new Crown lease relates other than

(i) the covenant to pay the Crown rent; and

(ii) the provision (if any) for fixing a new Crown rent at the
expiration of the first ten years of the term; and

(iii) the right of renewal on the expiration of the term;

(e)a covenant by the lessee to perform, observe and comply with
the covenants, exceptions, reservations, stipulations, provisos
and declarations deemed to be contained in the new Crown
lease by virtue of paragraph (d).

(4) Every new Crown lease and the land thereby deemed to be
demised shall be deemed to be subject to such of the following
encumbrances and interests as the land and the existing Crown lease
relating thereto were subject to immediately before the 1st day of July
1973

(a)any mortgage, whether legal or equitable, and whether
registered in a District Land Office or not;

(b) any public rights; and





(e)any other rights, easements, tenancies or other burdens
or encumbrances of whatsoever kind or nature, except
such as were created by an instrument and were not
thereby expressed to continue after the 30th day of June
1973.

5. (1) Nothing in this Ordinance shall be construed as a
waiver by the Crown of any of its rights in respect of any breach
of covenant in any existing Crown lease.

(2) Any breach of covenant existing immediately before the
I st day of July 1973 in respect of an existing Crown lease shall be
deemed to be a breach of covenant in respect of the new Crown
lease and the Crown may exercise its rights (including the right of
re-entry) in relation to the new Crown lease in the same manner
and to the same extent as they could have been exercised or
enforced before the said date in relation to the existing Crown
lease.
Originally 20 of 1969. Short title. Interpretation. Application. (Cap. 97.) New Crown leases deemed to be granted on 1st July 1973. Saving of Crown rights.

Originally 20 of 1969. Short title. Interpretation. Application. (Cap. 97.) New Crown leases deemed to be granted on 1st July 1973. Saving of Crown rights.

https://oelawhk.lib.hku.hk/items/show/2702

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