LAW OF PROPERTY (LEASES) ORDINANCE
Title
LAW OF PROPERTY (LEASES) ORDINANCE
Description
Law of Property, (Leases).
No. 11 of 1873.
An Ordinance to extend to the Colony certain Provisions of an
Act of the Imperial Parliament passed in the.22nd and
23rd Years of Her Majesty Queen Victoria, Chapter
Thirty-five, to amend the Law of Property in relation to
Covenants and Conditions in Leases.
[23rd September, 1873.]
WHEREAS it is expedient to extend to this Colony certain provisions
of an Act of the Imperial Parliament passed in the 22nd and 23rd
years of Her Majesty (.queen Victoria, chapter thirty-five, to amend the
law of property in relation to covenants and conditions in leases : Be it
enacted by the Governor of Hongkong, with the advice of the Legislative
Council thereof, as follows :-
1. Where any licence to do any act which without such licence
would create a forfeiture, or give a right to re-enter, wader a condition
or power reserved in any lease heretofore granted or to be hereafter
R~stricted''
eperatips:o£
rdrtia;l . .-
~tce~a°s:
[ibid. e. 2. 1
menu oi` con-
ditions .o£
aebntr in.--`
ecrtaiu~rzasea ;
[Ibid, 8, a.l
ORDINANCE No. 11 0F .18.73.
Law of Property, (Leases).
granted, shall at any time after the passing of this Ordinance-be given
to,
any lessee, or his assigns., every such licence shall, unless otherwise
expressed; extend only to the permission actually given, or to any
specific
breach of any proviso or covenant made or to be made, or to the actual
assignment, under-lease, or other matter thereby specifically authorised
to' be done, but not so as to prevent any proceeding for any subsequent
breach (unless otherwise specified in such licence); and all rights under
covenants'and powers of forfeiture and re-entry in the lease contained
shall remain in full force and virtue, and shall be available as against
any
subsequent breach of covenant or condition, assignment, under-lease, or-
other matter not specifically authorized or made dispunishable by such
licence, in the same manner as if no such licence had been given; and
the condition or right of re-entry shall be and remain in all respects as
if
such licence had not been given, except in respect of the particular
matter
authorized to be done.
2. Where in any lease heretofore ,;ranted or to be hereafter granted.
'there is or shall be a power ar condition of re-entry on assigning, or
tinder=letting, or doing any other specified act without licence, and a
licence at any time after the passing of this Ordinance shall be given to,
one of several lessees or co-owners to assign or underlet his share or°
interest, or to do any other act prohibited to be done without licence, or
shall be given to any lessee or owner, or any one of several lessees or
owners, to assign or underlet part only of the property, or to do any-
other such act as aforesaid in respect of part only of such property, such
licence shall not operate to destroy or extinguish the right o£ re-entry
in.
case of any breach of the covenant or condition by the co-lessee or
co-lessees; or owner or owners ..of the other shares or interests in the
property, or by the lessee or owner of the rest of the. property (as the
easy -may be.) over or in respect of such shares or interests, or
remaining
propert~ ' but such right o£ re-entry shall remain in full force over or
in
respect of the, shares or interests or property not, the subject of such
licence:
3. Where the reversion upon the lease is severed and the rent or
other reservation, is legally apportioned, the assignee of each part of
the
reversion shall, in respect of the apportioned rent or other, reservation
allotted or belonging to him, have and be entitled to the benefit of all
conditions or powers of re-entry for non-payment o£ the original rent or--
'ORDf \T Aa CE ' N'p; I I '60 1973.
.Late of Property, (Leases).
other reservation, in like manner as if such conditions or powers had been
reserved to him as incident to his part of the reversion in respect of the
apportioned rent or other reservation allotted or belonging to him.
4. The Supreme Court shall have power to relieve against a'forfeiture
for breach of a covenant or condition to insure against loss or damage by
fire, where no loss or damage by fire has happened, and the breach has,
in the opinion of the Court, been committed through accident or mistake,
or otherwise without fraud or gross negligence, ai'd there as an insurance
on foot at the time of the application to the Court in conformity with the
covenant to insure, upon such terms as to the Court may seem fit.
6. The Court, where relief shall be granted, shall direct a record of
such relief having been granted to be made by indorsement. on the lease
or otherwise.
6. The Court shall not have power under this Ordinance to relieve
the same person more than once is respect of the same covenant or
condition; nor shall it have power to grantrelief under this Ordinance
where a forfeiture under the covenant, in respect of which relief is
sought
shall have been already waived out of Court in favor of the person seeking
the relief.
7. The person entitled to the benefit of a covenant on the paA of a
lessee or mortgagor to insure against loss or damage, by fire shall, on
loss
or damage by fire happening, have the same. advantage from any then
subsisting insurance relating to the building covenanted to be insured;
effected by the lessee or mortgagor in respect of his interest under the
lease or in the property or by any person claiming under him, but not
effected in conformity with the covenant, as he would have from an
insurance effected is conformity with the covenant.
$,W~here, on the banc2, f de purchase after the passing of this Ordi-
nance of a leasehold interest under a lease containing a covenant on .the
part of the lessee to insure against loss or damage by fire, the purchaser
is furnished with the written ;receipt of the person entitled to receive
the
rent, or his agent, for the last payment of rent accrued due before the
completion of the purchase, end there is subsisting at the time of the
completion, of the purchase an insurance in conformity with' the
=covenant,
tho purchaser or any person. .claiming under him shall got be subject to
any liability, by any of forfeiture or damages, or otherwise,:ixi Tespeet
of
Relief agrains£
forfeiture for
breach of
covenant to
insure in
certain cases.
when relief
granted the
same to be
recorded.
[zbia. s. s.]
Court not to
relieve any -
person more
tlitin once in
respect of the
same coven-
ant, &c.
[zbid. s. 6.]
Lessor to have
befit of an
informal
insurance.
[ Ibid. -s. 7.I
protection of
purchaser
against for
feiture finder
covenant for
insurance
against fire in
certain cases..
[Ibid. s. 8.1
Law of Property, (Leases).
No. 11 of 1873.
any breach of the covenant committed at any time before the completion
of the purchase, of which the purchaser had not notice before the comple-
Lion of.the purchase; but this provision is not to take away any remedy.
with the lessor or his legal representatives may have against the lessee
or his legal representatives for breach of covenant.
9. Nothing herein contained shall be deemed to affect the provisions
of Ordinance No. 12 of 1870.
1189
Title.
Preamble.
Restriction on effect of licence to alien.
[22 & 23 V. c. 35. s. 1.]
1190
Restricted operation of partial licences.
[Ibid. s. 2.]
Apportionment of conditions of re-entry in certain cases.
[Ibid. s. 3.]
1191
Relief against forfeiture for breach of conenant to insure in certain cases.
[Ibid. s. 4.]
When relief granted the same to be recorded.
[Ibid. s. 5.]
Court not to relieve any person more than once in respect of the same covenant, &c.
[Ibid. s. 6.]
Lessor to have benefit of an informal insurance.
[Ibid. s. 7.]
Protection of purchaser against forfeiture under covenant for insurance against fire in certain cases.
[Ibid. s. 8.]
1192
Ordinance No. 12 of 1870.
No. 11 of 1873.
An Ordinance to extend to the Colony certain Provisions of an
Act of the Imperial Parliament passed in the.22nd and
23rd Years of Her Majesty Queen Victoria, Chapter
Thirty-five, to amend the Law of Property in relation to
Covenants and Conditions in Leases.
[23rd September, 1873.]
WHEREAS it is expedient to extend to this Colony certain provisions
of an Act of the Imperial Parliament passed in the 22nd and 23rd
years of Her Majesty (.queen Victoria, chapter thirty-five, to amend the
law of property in relation to covenants and conditions in leases : Be it
enacted by the Governor of Hongkong, with the advice of the Legislative
Council thereof, as follows :-
1. Where any licence to do any act which without such licence
would create a forfeiture, or give a right to re-enter, wader a condition
or power reserved in any lease heretofore granted or to be hereafter
R~stricted''
eperatips:o£
rdrtia;l . .-
~tce~a°s:
[ibid. e. 2. 1
menu oi` con-
ditions .o£
aebntr in.--`
ecrtaiu~rzasea ;
[Ibid, 8, a.l
ORDINANCE No. 11 0F .18.73.
Law of Property, (Leases).
granted, shall at any time after the passing of this Ordinance-be given
to,
any lessee, or his assigns., every such licence shall, unless otherwise
expressed; extend only to the permission actually given, or to any
specific
breach of any proviso or covenant made or to be made, or to the actual
assignment, under-lease, or other matter thereby specifically authorised
to' be done, but not so as to prevent any proceeding for any subsequent
breach (unless otherwise specified in such licence); and all rights under
covenants'and powers of forfeiture and re-entry in the lease contained
shall remain in full force and virtue, and shall be available as against
any
subsequent breach of covenant or condition, assignment, under-lease, or-
other matter not specifically authorized or made dispunishable by such
licence, in the same manner as if no such licence had been given; and
the condition or right of re-entry shall be and remain in all respects as
if
such licence had not been given, except in respect of the particular
matter
authorized to be done.
2. Where in any lease heretofore ,;ranted or to be hereafter granted.
'there is or shall be a power ar condition of re-entry on assigning, or
tinder=letting, or doing any other specified act without licence, and a
licence at any time after the passing of this Ordinance shall be given to,
one of several lessees or co-owners to assign or underlet his share or°
interest, or to do any other act prohibited to be done without licence, or
shall be given to any lessee or owner, or any one of several lessees or
owners, to assign or underlet part only of the property, or to do any-
other such act as aforesaid in respect of part only of such property, such
licence shall not operate to destroy or extinguish the right o£ re-entry
in.
case of any breach of the covenant or condition by the co-lessee or
co-lessees; or owner or owners ..of the other shares or interests in the
property, or by the lessee or owner of the rest of the. property (as the
easy -may be.) over or in respect of such shares or interests, or
remaining
propert~ ' but such right o£ re-entry shall remain in full force over or
in
respect of the, shares or interests or property not, the subject of such
licence:
3. Where the reversion upon the lease is severed and the rent or
other reservation, is legally apportioned, the assignee of each part of
the
reversion shall, in respect of the apportioned rent or other, reservation
allotted or belonging to him, have and be entitled to the benefit of all
conditions or powers of re-entry for non-payment o£ the original rent or--
'ORDf \T Aa CE ' N'p; I I '60 1973.
.Late of Property, (Leases).
other reservation, in like manner as if such conditions or powers had been
reserved to him as incident to his part of the reversion in respect of the
apportioned rent or other reservation allotted or belonging to him.
4. The Supreme Court shall have power to relieve against a'forfeiture
for breach of a covenant or condition to insure against loss or damage by
fire, where no loss or damage by fire has happened, and the breach has,
in the opinion of the Court, been committed through accident or mistake,
or otherwise without fraud or gross negligence, ai'd there as an insurance
on foot at the time of the application to the Court in conformity with the
covenant to insure, upon such terms as to the Court may seem fit.
6. The Court, where relief shall be granted, shall direct a record of
such relief having been granted to be made by indorsement. on the lease
or otherwise.
6. The Court shall not have power under this Ordinance to relieve
the same person more than once is respect of the same covenant or
condition; nor shall it have power to grantrelief under this Ordinance
where a forfeiture under the covenant, in respect of which relief is
sought
shall have been already waived out of Court in favor of the person seeking
the relief.
7. The person entitled to the benefit of a covenant on the paA of a
lessee or mortgagor to insure against loss or damage, by fire shall, on
loss
or damage by fire happening, have the same. advantage from any then
subsisting insurance relating to the building covenanted to be insured;
effected by the lessee or mortgagor in respect of his interest under the
lease or in the property or by any person claiming under him, but not
effected in conformity with the covenant, as he would have from an
insurance effected is conformity with the covenant.
$,W~here, on the banc2, f de purchase after the passing of this Ordi-
nance of a leasehold interest under a lease containing a covenant on .the
part of the lessee to insure against loss or damage by fire, the purchaser
is furnished with the written ;receipt of the person entitled to receive
the
rent, or his agent, for the last payment of rent accrued due before the
completion of the purchase, end there is subsisting at the time of the
completion, of the purchase an insurance in conformity with' the
=covenant,
tho purchaser or any person. .claiming under him shall got be subject to
any liability, by any of forfeiture or damages, or otherwise,:ixi Tespeet
of
Relief agrains£
forfeiture for
breach of
covenant to
insure in
certain cases.
when relief
granted the
same to be
recorded.
[zbia. s. s.]
Court not to
relieve any -
person more
tlitin once in
respect of the
same coven-
ant, &c.
[zbid. s. 6.]
Lessor to have
befit of an
informal
insurance.
[ Ibid. -s. 7.I
protection of
purchaser
against for
feiture finder
covenant for
insurance
against fire in
certain cases..
[Ibid. s. 8.1
Law of Property, (Leases).
No. 11 of 1873.
any breach of the covenant committed at any time before the completion
of the purchase, of which the purchaser had not notice before the comple-
Lion of.the purchase; but this provision is not to take away any remedy.
with the lessor or his legal representatives may have against the lessee
or his legal representatives for breach of covenant.
9. Nothing herein contained shall be deemed to affect the provisions
of Ordinance No. 12 of 1870.
1189
Title.
Preamble.
Restriction on effect of licence to alien.
[22 & 23 V. c. 35. s. 1.]
1190
Restricted operation of partial licences.
[Ibid. s. 2.]
Apportionment of conditions of re-entry in certain cases.
[Ibid. s. 3.]
1191
Relief against forfeiture for breach of conenant to insure in certain cases.
[Ibid. s. 4.]
When relief granted the same to be recorded.
[Ibid. s. 5.]
Court not to relieve any person more than once in respect of the same covenant, &c.
[Ibid. s. 6.]
Lessor to have benefit of an informal insurance.
[Ibid. s. 7.]
Protection of purchaser against forfeiture under covenant for insurance against fire in certain cases.
[Ibid. s. 8.]
1192
Ordinance No. 12 of 1870.
Abstract
1189
Title.
Preamble.
Restriction on effect of licence to alien.
[22 & 23 V. c. 35. s. 1.]
1190
Restricted operation of partial licences.
[Ibid. s. 2.]
Apportionment of conditions of re-entry in certain cases.
[Ibid. s. 3.]
1191
Relief against forfeiture for breach of conenant to insure in certain cases.
[Ibid. s. 4.]
When relief granted the same to be recorded.
[Ibid. s. 5.]
Court not to relieve any person more than once in respect of the same covenant, &c.
[Ibid. s. 6.]
Lessor to have benefit of an informal insurance.
[Ibid. s. 7.]
Protection of purchaser against forfeiture under covenant for insurance against fire in certain cases.
[Ibid. s. 8.]
1192
Ordinance No. 12 of 1870.
Title.
Preamble.
Restriction on effect of licence to alien.
[22 & 23 V. c. 35. s. 1.]
1190
Restricted operation of partial licences.
[Ibid. s. 2.]
Apportionment of conditions of re-entry in certain cases.
[Ibid. s. 3.]
1191
Relief against forfeiture for breach of conenant to insure in certain cases.
[Ibid. s. 4.]
When relief granted the same to be recorded.
[Ibid. s. 5.]
Court not to relieve any person more than once in respect of the same covenant, &c.
[Ibid. s. 6.]
Lessor to have benefit of an informal insurance.
[Ibid. s. 7.]
Protection of purchaser against forfeiture under covenant for insurance against fire in certain cases.
[Ibid. s. 8.]
1192
Ordinance No. 12 of 1870.
Identifier
https://oelawhk.lib.hku.hk/items/show/322
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 11 of 1873
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“LAW OF PROPERTY (LEASES) ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 15, 2025, https://oelawhk.lib.hku.hk/items/show/322.
