SECRETARY OF STATE FOR DEFENCE (SUCCESSION TO PROPERTY) ORDINANCE

SECRETARY OF STATE FOR DEFENCE (SUCCESSION TO PROPERTY) ORDINANCE

LAWS OF HONG KONG

SECRETARY OF STATE FOR DEFENCE (SUCCESSION

TO PROPERTY) ORDINANCE

CHAPTER 193





CHAPTER 193.

SECRETARY OF STATE FOR DEFENCE
(SUCCESSION TO PROPERTY).

To make such provision as is necessary in consequence of the Defence (Transfer
of Functions) Act 1964.

[22nd December, 1967.]

1. This Ordinance may be cited as the Secretary of State for
Defence (Succession to Property) Ordinance.

2. (1) Where either after or before the commencement of this
Ordinance the Secretary of State for Defence (a corporation sole by
virtue of the Defence (Transfer of Functions) Act 1964) has succeeded to
any property or any interest therein, or any property or any interest
therein is or has been vested in the Secretary of State for Defence, the
same shall, unless and until otherwise disposed of by the Secretary of
State for Defence, pass and devolve to and vest in and be deemed
always to have passed and devolved to or vested in the successors from
time to time of the Secretary of State for Defence.

(2) Where either after or before the commencement of this
Ordinance there is or has been a vacancy in the office of the Secretary of
State for Defence at a time when, if there had been no vacancy, any
interest in or charge on property would have been acquired by the
Secretary of State for Defence, such interest or charge shall
notwithstanding such vacancy vest and be deemed to have vested in
the successor to such office on his appointment, but without prejudice
to the right of such successor to disclaim that interest or charge.

(3) Any contract or other transaction expressed or purported to be
made with the Secretary of State for Defence at a time (either after or
before the commencement of this Ordinance) when there was a vacancy
in the office shall on the vacancy being filled take effect and be deemed
to have taken effect as if the vacancy had been filled before the contract
or transaction was expressed to be made, and on the appointment of a
successor shall be capable of being enforced or disclaimed by him.

3. For the avoidance of doubt, it is hereby declared that, on the
commencement of this Ordinance, all that piece and parcel of ground
known and registered in the Land Office as Rural Building Lot No. 369,
together with the easements and appurtenances thereto belonging, shall
vest in the Secretary of State for Defence for the residue of the term of
years created by the Crown lease of the said Lot, subject to the payment
of the rent and the performance of the covenants and conditions
reserved by and contained in the said Crown lease.
Originally 73 of 1967. Short title. Succession to property, etc. (1964, c. 15) Vesting of R.B. L. 369.

Originally 73 of 1967. Short title. Succession to property, etc. (1964, c. 15) Vesting of R.B. L. 369.

https://oelawhk.lib.hku.hk/items/show/2817

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