FORFEITURE AND RE-ENTRY ORDINANCE

FORFEITURE AND RE-ENTRY ORDINANCE

Forfeiture and Re-entry.

No. 12 of 1870.

An Ordinance to make Provision for the Enforcement of Rights
of Re-entry by the Crown, and for the Granting of Relief
against Forfeiture.

[26th August, 1870.]

WEREAS it is eipedient to.extend to this Colony the, provisions
of the twenty -fifth section of an Act of the Imperial Parliament
passed in the twenty- second and twenty-third years of Her Majesty Queen
ORDINANCE No. 12 or 1870.

Forfeiture and Re-entry.

Victoria, entitled ~~ An Act to renulate the Office of Queen's
Rememi,rancer;
and to amend the Practice and Procedure on the Revenue Side of the (court
of Exchequer,'~-and to make provision for the~enforcement of riLhts of
reentry by the Crown, and for the granting of relief. against fo: teiture

Be it:-enacted by the Governor of Honakon', .with the advice of the

'Legislatilve Council thereof, as follows:-

When a right of re-entry upon lands= or:, tenernen-is within this=
shall have accrued to Her i~eajesty or'IiEri-S~a:ceessors, such right
`'a~ :~be exercised or enforced without any inquisition beinri take-1 or

`found,' or any actual re-entry being =made on the premises.

2. Whenever it shall be necessary to enforce a right of re-entry by,

he Crown upon any such lands 'or tenements, for 'the breach of any
covenant in the Crown lease thereof, a memorial of such re-entry under
the-hand of the Governor and the public. seal -of _the Colony may be
~eg~st~red im~theLand Office and immediately upon the registration of such

;:,th~ Cro-vv,n. shall be deemed to 11ave_ re eht'c=red upon the lands

gave accrued, aid t

described--therein aid in ~reshrct of -zvliich such right of re=

hs saxil lr:rids and tenements shal

~~f ~'i~c~o becoms'thereby, re-vested in .the Crowd as fully as, if the
Crown:-
lease thereof .had determined, or a surrender to Tier Majesty and Her''
'Successors of such Cxown lease had been executed by the lessee, his.
ekseutors; administrators, or assigns : Provided always; that in case the

~_` lessee;his executors, 'administrators' , and -assigiis,shall'dispute
the right

Qf the Crown to re-e'ntsr, -he may aliply, by summary petition to the

S'qpreme. Court in its-equitable.juri%sdiction for: relief d,gainst such
re-entry;

z~rr~ema~ : ~' 3, Iri` everycase of-re-entry by the Cro~n fore breach of
covenant '
eVition
the -.: ~ (`., ~ _
yoPernorfor-x_ ~$ a, ~IOw11-lease, tile leSSee~ 1118 BXCCL1t01'S,
adm1n1StT',ZtOTS, Or aSS7bnS may',-

relied agaW ~t=
forfeiture for within such period as lisrsnafter mentioned, petition the
Governor to

1-1`.:breaeb of
.gr a~t hiin relief against the ;forfeiture of ~tlre Crow lease by reason
of

sucliOareacb of covenant.

4. It shall be lawful for the Governor in' Council upon such ptiti ~`

t-io~;: .'to'gra,rit the relief, but in case he shall not think fit to. do
so; or in case
=ho- shall desire that the matter be dealt with by a Court of Law, the

:~pe titon,-unless previously withdrawn, shall be referred to the .Supreme

=-U'otirt iv its -equitable jurisdiction.
ORD IiUA\aCh.: KO.=12°1Rf0.

.I~'orfeit~;and Re-entry.

5. No such petition as last aforesaid shall be * entertained by the
Governor in Council or by the :Supreme Court; unless the same shall Have

been I->reaented to the Governor within twelve months from -the publica-
tion in the Gazette of the notice of regi:;tration of the memorial of
re-entry:
Provided always that the Governor in Council may, if he shell thinly fit
in any particular, case; extend the time ereby limited -for presenaion

such petition:`=: ~ n

6: upon the hearimg before the Supreme Court-of any petition under
this Ordinance, she Attorney General shill appear as respondent, thereto
on behalf of the Crown, and the proceedings shall be the same as upon a
summary petition under Ordinance No. 1 of 157, unless. the Court shall
otherwise direct, and it shall be lawful for the Court in .its
discretioil to
exercise 'the same powers, and to make the same decree or order as in a
suit between private .parties for the same relief, and in .cases where the
right of re-entry is in dispute to,apply the provisions of Ordinance 'No.
3
of 186 1 , and generally to grant such relief and make such decrees or
orders upon such, petition.-, as the justice of the case may require.

7. The Governor in Gouneil, upon; the petition of any Crowd: less~;;-
tov&:~
;liis executors-;

;Court, upon the hearing of cry petition under .Chis Grduianeef rnay
oxder~=

'the cancellation of the memorial of re-entiy,tipzii~
t1e-lnindv,and.tenetnent
;in respect of which the petition shah ha~a been presented, and such

.

;cancellation if so ordered, shall be effected in manner hereiffafter

Time-l~mi~

v

far.presentzrig:
petitioa:

mentioned.

A meniorial o£ re-entry by the Crown, shall be: deemed to have
Been cancelled i£ a Memorandum signed, by the Colonial Secretary to the
effect brat the -sanne is~cancelled Worder of the Governor'in Council or
of the Supreme..`Court be written ox end.oised thereonj aid immediately

upon such cancellation; the memorial shall be~otne void to all intents and

purposes as if the same had never peen made or rebistered, and the land's
and tenements described therein shall be, pso,facto re-vested in the
lessee,
his executors; administrators aid assigns for all his. or their previous

and interest therein, and , h~, Crown :lease thereof; and every
irrr:rtgaae, charge, or lien previously existing thereon,,- Shall be
ileened .to
be as.valid-and-subsistina in every respect, as if no.: such ,re-entry had
been effected by the Crown under -the provisions of this Ordinance.
No. 12 of 1870.

Forfeiture and Re-entry.

y. The form of mertioriaI contained in the schedule to this Ordinaxco

or any foam to the like effect may be used for the- purpose of section,='~
with-such variations as the circumstances of the case may require.

he

1,10, Notice of <the registration of a memorial of. re-entry 1>y t

C'ro'wn and of any cancellation thereof; shall be published in the
Gazette.-
~ngo£ 11: Nothinz in this Ortinanee contained shall be deemed io tie-

~~iof he-- away: or affect any other remedies of the Crown for tIze:
enforcement -bf:

'rights :df.re.6ntry upon any lands. or tenements, within the Colony.

SCHEDULE.

Meneorial of Re-entry;by flee Crown.

4~din-ance for the extradition of Certain Fyitives 'fro rii Justice.

Description of flee Lands and Tenements as in the Grown Lease.

Be:tr'ememuered that on the

Govern of Hongkong, did in she name and on behalf of Her Majesty the
Queen, ;1
re-enter upon the lands, tenements, and premises abode described. for
breach :of-a -
covenant.oontained in the Crown lease thereof.
1063

Title.
Preamble.
1064
[ * Cap. 21.]
Right of re-entry by the Crown.
How it may be exercised.
Memorial of re-entry.
Lessee may petition the Governor for relief against forfeiture for breach of convenant.
Pentition if not granted to be referred to Supreme Court.
1065
Time limited for presenting petition.
Proceedings on petition.
Power to order cancellatoin of memorial of re-entry.
Cancellation of memorial.
1066
Form of memorial of re-entry.
Notice in the Gazette.
Saving of other remedies of the Crown.

1063

Title.
Preamble.
1064
[ * Cap. 21.]
Right of re-entry by the Crown.
How it may be exercised.
Memorial of re-entry.
Lessee may petition the Governor for relief against forfeiture for breach of convenant.
Pentition if not granted to be referred to Supreme Court.
1065
Time limited for presenting petition.
Proceedings on petition.
Power to order cancellatoin of memorial of re-entry.
Cancellation of memorial.
1066
Form of memorial of re-entry.
Notice in the Gazette.
Saving of other remedies of the Crown.

https://oelawhk.lib.hku.hk/items/show/281

1890

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No. 12 of 1870

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