CROWN RIGHTS (RE-ENTRY, ETC.) ORDINANCE, 1870
Title
CROWN RIGHTS (RE-ENTRY, ETC.) ORDINANCE, 1870
Description
ORDINANCE No. 4 OF 1870.
Crown Rights (Re-entry, etc.,) Ordinance, 1870.
AN ORDINANCE to make provision for the Enforcement of
Rights of Re-entyr by the Crown and for the Granting of
Relief against Forfeiture. [26th August, 1870.]
WHEREAS it is expedient to xtend to this Colony the provisions
of secton 25 of the act of Parliament 22 & 23 Victoria
Chapter 21, entitled 'An Act to regulate the Office of Queen's Re-
membrancer, and to amend the Practice and Procedure on the Revenue
Side of the Court of Exchequer,' and to make provision for the enforec-
ment of rights of re-entry by the Crown and for the granting of relief
against foreiture:
BE it therefore enacted by the governor of Hongkong, with the advice
of the Legislative Council thereof, as follows:- 1. This Ordinance may be cited as the Crwon Rights (Re-entry, etc.,)
Ordinance, 1870.
2. When a right of re-entyr upon lands or tenements within this
Colony has accrued to her Majesty or her successors, such right may
be exercised or enforced without any inquisition being taken, or office
being found, or any actual re-entry being made on the premises.
3. Whenever it is necessary to enforce a right of re-entry by the
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 registered in
the Land Office, and, immediately on the registration of such memorial,
the Crown shall be deemed to have re-entered upon the lands or tene-
ments described therein and in respect of which such right of re-entry
has accrued, and the said lands and tenements shall ipso facto become
thereby re-vested in the Crown as fully as if the crown lease thereof had
detrmined, or a surrender to her Majesty and her successors of such
Crwon lease had been executed by the lessee, his executors, administra-
tos, or assigns: Provided always that in case the lessee, his executors,
administrators, and assigns, disputes or dispute the right of the Crown to
re-enter, he or they may apply by summary petition to the Supreme Court
in its equitable jurisdiction for relief against such re-entry.
4. In every case of re-entry by the Crown for breach of covenant in
a Crwon lease, the lessee, his executors, administrators, or assigns, may,
within such period as is hereinafter mentioned, peition the Governor to
grant him or them relief against the forfeiture of the Crown lease by
reason of such brach of covenant.
5. It shall be lawful for the Governor-in-Council on such petition to
grant the relief asked for, but in case he does not think fit to do so, or in
case he desires that the matter be delt with by a Court of Law, the
petition, unless previously withdrawn, shall be referred to the Supreme
Court in its equitable jurisdiction.
6. No such petition as last aforesaid shall be entertained by the Gov-
ernor-in- Council or by the Supreme Court, unless it has been presented
to the Governor within twelve months from the publication in The
Gazette of the notice of registration of the memorial of re-entyr:
Provided always that the Governor-in-Council may, if he thinks fit, in
any particular case extend the time hereby limited for presenting such
petition.
7. On the hearing before the supreme Court of any petition under
this Ordinance, the Attorney General shall appear as respondent thereto
on behalf of the Crown, and the proceedings shall be the same as upon an ordinary petition in the court, unless the Court otherwise directs, and it
shall be lawfull for the Court, in its discretion, to exercise the same powers
and to make the same decree or order, as in an action between private
parties for the same relief, and, in any case where the right of re-entry is
in dispute, to apply the provisions of any Code of Civil Procedure for
the time being in force in the Court, and generally to grant such relief
and make such decree or order upon such petition as the justice of the
case may require.
8. The Governor-in-Council, on the petition of any Crown lessee, his
executors, administrators, or assigns, under section 4, and the Supreme
Court, on the hearing of any petition under this Ordinance, may order
the cancellation of the memorial of re-entry upon the lands and tenements
in respect of which the petition has be presented, and such cancella-
tion, if so ordered, shall be effected in manner hereinafter mentioned.
9. A memorial of re-entry by the Crown shall be deemed to have bben
cancelled if a memorandum, signed by the Colonial Secretary, to the
effect that the same is cancelled by order of the Governor-in-Council or
of the Supreme Court is written or indorsed thereon, and, immediately
on such cancellation, the memorial shall become void to all intents and
purposes as if the same had never been made or registered, and the lands
and tenements described therein shall be ipso facto re-vested in the
lessee, his executors, administrators, and assigns, for all his or their pre-
vious estate and interest therein, and the Crown lease thereof, and every
mortgage, charge, or len prviously existing thereon, shall be deemed to
be as valid and subsisting in every respect as if no such re-entry had
been effected by the Crown under the provisions of this Ordinance.
10. the form of memorial in the Sechedule to this Ordinance, or any
form to the like effect, may be used for the purpose of section 3, with
such variations as the circumstances of the case may require.
11. Notice of the registration of a memorial of re-entry by the Crown,
and of any cancellation thereof, shall be published in The Gazette.
12. Nothing in this Ordinance shall be deemed to take away or affect
any other remedies of the Crown for the enforcement of rights of
re-entry upon any lands or tenements within the Colony. SCHEDULE.
MEMORIAL OF RE-ENTRY BY THE CROWN.
A.D. 1870. Ordinance No. 12 of 1870. Short title. Exercise of right of re-entry by the Crown. 22 & 23 Vict.c. 21 s. 25. Memorial of re-entry. Petition to Governor by lessee for relief against forfeiture. Referring of petition, if not granted, to the Supreme Court. Time limited for presenting petition. Proceedings on petition. See Ordinance No. 3 of 1901. Power to order cancellation of memorial of re-entry. Cancellation of memorial of re-entry. Form of memorial of re-entry. Schedule. Notification of registration of memorial of re-entry. Saving of other rememdies of the Crown. Section 10.
Crown Rights (Re-entry, etc.,) Ordinance, 1870.
AN ORDINANCE to make provision for the Enforcement of
Rights of Re-entyr by the Crown and for the Granting of
Relief against Forfeiture. [26th August, 1870.]
WHEREAS it is expedient to xtend to this Colony the provisions
of secton 25 of the act of Parliament 22 & 23 Victoria
Chapter 21, entitled 'An Act to regulate the Office of Queen's Re-
membrancer, and to amend the Practice and Procedure on the Revenue
Side of the Court of Exchequer,' and to make provision for the enforec-
ment of rights of re-entry by the Crown and for the granting of relief
against foreiture:
BE it therefore enacted by the governor of Hongkong, with the advice
of the Legislative Council thereof, as follows:- 1. This Ordinance may be cited as the Crwon Rights (Re-entry, etc.,)
Ordinance, 1870.
2. When a right of re-entyr upon lands or tenements within this
Colony has accrued to her Majesty or her successors, such right may
be exercised or enforced without any inquisition being taken, or office
being found, or any actual re-entry being made on the premises.
3. Whenever it is necessary to enforce a right of re-entry by the
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 registered in
the Land Office, and, immediately on the registration of such memorial,
the Crown shall be deemed to have re-entered upon the lands or tene-
ments described therein and in respect of which such right of re-entry
has accrued, and the said lands and tenements shall ipso facto become
thereby re-vested in the Crown as fully as if the crown lease thereof had
detrmined, or a surrender to her Majesty and her successors of such
Crwon lease had been executed by the lessee, his executors, administra-
tos, or assigns: Provided always that in case the lessee, his executors,
administrators, and assigns, disputes or dispute the right of the Crown to
re-enter, he or they may apply by summary petition to the Supreme Court
in its equitable jurisdiction for relief against such re-entry.
4. In every case of re-entry by the Crown for breach of covenant in
a Crwon lease, the lessee, his executors, administrators, or assigns, may,
within such period as is hereinafter mentioned, peition the Governor to
grant him or them relief against the forfeiture of the Crown lease by
reason of such brach of covenant.
5. It shall be lawful for the Governor-in-Council on such petition to
grant the relief asked for, but in case he does not think fit to do so, or in
case he desires that the matter be delt with by a Court of Law, the
petition, unless previously withdrawn, shall be referred to the Supreme
Court in its equitable jurisdiction.
6. No such petition as last aforesaid shall be entertained by the Gov-
ernor-in- Council or by the Supreme Court, unless it has been presented
to the Governor within twelve months from the publication in The
Gazette of the notice of registration of the memorial of re-entyr:
Provided always that the Governor-in-Council may, if he thinks fit, in
any particular case extend the time hereby limited for presenting such
petition.
7. On the hearing before the supreme Court of any petition under
this Ordinance, the Attorney General shall appear as respondent thereto
on behalf of the Crown, and the proceedings shall be the same as upon an ordinary petition in the court, unless the Court otherwise directs, and it
shall be lawfull for the Court, in its discretion, to exercise the same powers
and to make the same decree or order, as in an action between private
parties for the same relief, and, in any case where the right of re-entry is
in dispute, to apply the provisions of any Code of Civil Procedure for
the time being in force in the Court, and generally to grant such relief
and make such decree or order upon such petition as the justice of the
case may require.
8. The Governor-in-Council, on the petition of any Crown lessee, his
executors, administrators, or assigns, under section 4, and the Supreme
Court, on the hearing of any petition under this Ordinance, may order
the cancellation of the memorial of re-entry upon the lands and tenements
in respect of which the petition has be presented, and such cancella-
tion, if so ordered, shall be effected in manner hereinafter mentioned.
9. A memorial of re-entry by the Crown shall be deemed to have bben
cancelled if a memorandum, signed by the Colonial Secretary, to the
effect that the same is cancelled by order of the Governor-in-Council or
of the Supreme Court is written or indorsed thereon, and, immediately
on such cancellation, the memorial shall become void to all intents and
purposes as if the same had never been made or registered, and the lands
and tenements described therein shall be ipso facto re-vested in the
lessee, his executors, administrators, and assigns, for all his or their pre-
vious estate and interest therein, and the Crown lease thereof, and every
mortgage, charge, or len prviously existing thereon, shall be deemed to
be as valid and subsisting in every respect as if no such re-entry had
been effected by the Crown under the provisions of this Ordinance.
10. the form of memorial in the Sechedule to this Ordinance, or any
form to the like effect, may be used for the purpose of section 3, with
such variations as the circumstances of the case may require.
11. Notice of the registration of a memorial of re-entry by the Crown,
and of any cancellation thereof, shall be published in The Gazette.
12. Nothing in this Ordinance shall be deemed to take away or affect
any other remedies of the Crown for the enforcement of rights of
re-entry upon any lands or tenements within the Colony. SCHEDULE.
MEMORIAL OF RE-ENTRY BY THE CROWN.
A.D. 1870. Ordinance No. 12 of 1870. Short title. Exercise of right of re-entry by the Crown. 22 & 23 Vict.c. 21 s. 25. Memorial of re-entry. Petition to Governor by lessee for relief against forfeiture. Referring of petition, if not granted, to the Supreme Court. Time limited for presenting petition. Proceedings on petition. See Ordinance No. 3 of 1901. Power to order cancellation of memorial of re-entry. Cancellation of memorial of re-entry. Form of memorial of re-entry. Schedule. Notification of registration of memorial of re-entry. Saving of other rememdies of the Crown. Section 10.
Abstract
A.D. 1870. Ordinance No. 12 of 1870. Short title. Exercise of right of re-entry by the Crown. 22 & 23 Vict.c. 21 s. 25. Memorial of re-entry. Petition to Governor by lessee for relief against forfeiture. Referring of petition, if not granted, to the Supreme Court. Time limited for presenting petition. Proceedings on petition. See Ordinance No. 3 of 1901. Power to order cancellation of memorial of re-entry. Cancellation of memorial of re-entry. Form of memorial of re-entry. Schedule. Notification of registration of memorial of re-entry. Saving of other rememdies of the Crown. Section 10.
Identifier
https://oelawhk.lib.hku.hk/items/show/581
Edition
1901
Volume
v1
Subsequent Cap No.
126
Cap / Ordinance No.
No. 4 of 1870
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CROWN RIGHTS (RE-ENTRY, ETC.) ORDINANCE, 1870,” Historical Laws of Hong Kong Online, accessed January 24, 2025, https://oelawhk.lib.hku.hk/items/show/581.
