LAW OF PROPERTY AMENDMENT ORDINANCE, 1873
Title
LAW OF PROPERTY AMENDMENT ORDINANCE, 1873
Description
ORDINANCE No.2 OF 1873.
Law of Propety Amendment Ordinance, 1873.
AN ORDINANCE to amend the Law of Property in relation to
Covenants and Conditions in Leases. [23rd September, 1873.]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Law of Propety Amendment
Ordinance, 1873.
2. Where any licence to do any act whic without such licence would
create a forfeiture or give a right to re-enter, under a conditon or
power reserved in any lease heretofore granted or to be hereafter granted,
is, at any time after the commencement of this Ordinance, given to any
lessee or his assigns, every such lecence 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 actural assign-
ment, under-lease, or other matter thereby specifically authorized 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 cove-
nants and powers of forfeiture and re-entry contained in the lease 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 respectof the particular
matter authorized to be don.
3. Where, in any lease heretofore granted or to be hereafter granted,
there is a power or condition of re-entry on assigning, or under-letting,
or doing any other specified act without licence, and a licence is, at any
time after the commencement of this Ordinance, 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 is 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 afore-
said in respect of part only of the property, such licence shall not
operate to destroy or extinguish the right of 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 interest in the property or by
the lessee or owner of the rest f th property, as the case may be, over
or in respect of such shares or interests or remaining property, but such
right of re-entry shall remain in full force over or in respect of the
shares or interests or property not hte subject of such licence.
4. Where the reversion upon the lease is severed and the rent or other
reservation is legally apportioned, the assignee of each part fo the re-
version 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 of the original rent or
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.
5. 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, and there is an
insurance on foot at the time of the application to the Court in conform-
ity with the covenant to insure, on such terms as to the Court may seem
fit.
6. The Supreme Court, where such relief is granted, shall direct a
record of such releif having been granted to be made by indorsement
on the lease or otherwise.
7. The Supreme Court shall not have power under this Ordinance to
relieve the same person more than once in respect of the same covenant
or conditin; nor shall it have power to grant any relief under this
relief is sought has been already waived out of Court in favour of the
person seeking the relief.
8. The person entitled to the benefit of a covenant on the part of a
lessee or martgagor 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 in -
sured which has been 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 in conformity with the covenant.
9. Where, on the bonu fide purchase, after the commencement of this
Ordiance, of a lease hold interest under a lease containing a convenant on the part of the lessee to insure against loss or damage by fire, the pur-
chaser 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, and there is subsisting at the time
of the completion ofthe paurchases an insurance in conformity with the
covenant, the purchase or any person claiming under him shall not be
subject to any liability, by way of forfeiture or damages or otherwise,
in respect of any breach of the covenant committed at any time before
the completion of the purchase of which the purchaser had not notice
before the completion of the purchase; but this provision is not to take
away any rememdy which the lessor or his legal representatives may have
against the lessee or his legal representatives for breach of covenant.
10. Nothing in this Ordinance shall affect the provisions of the Crown
Rights (Re-entry, etc.,) Ordiance, 1870.
A.D. 1873. Ordinance No. 11 of 1873. Short title. Restriction on effect of licence to alien. 22 & 23 Vict.c. 35 s. 1. Restricted operation of partial licence. Ib.s.2. Apportionment of conditions of re-entry in certin cases. 22 & 23 Vict.c. 35 s. 3. Relief against forfeiture for breach of convenant to insure in certain cases. Ib.s. 4. Recording of relief granted. Ib.s.5. Restriction on power to relieve. Ib.s.6. Lessor or mortgagee to have benefit of informal insurance. Ib.s.7. Protection of purchaser against forfeiture under convenant for insurance against fire in certain cases. 22 & 23 Vict.c. 35 s. 8. Saving of rights of the Crown. No. 4 of 1870.
Law of Propety Amendment Ordinance, 1873.
AN ORDINANCE to amend the Law of Property in relation to
Covenants and Conditions in Leases. [23rd September, 1873.]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Law of Propety Amendment
Ordinance, 1873.
2. Where any licence to do any act whic without such licence would
create a forfeiture or give a right to re-enter, under a conditon or
power reserved in any lease heretofore granted or to be hereafter granted,
is, at any time after the commencement of this Ordinance, given to any
lessee or his assigns, every such lecence 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 actural assign-
ment, under-lease, or other matter thereby specifically authorized 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 cove-
nants and powers of forfeiture and re-entry contained in the lease 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 respectof the particular
matter authorized to be don.
3. Where, in any lease heretofore granted or to be hereafter granted,
there is a power or condition of re-entry on assigning, or under-letting,
or doing any other specified act without licence, and a licence is, at any
time after the commencement of this Ordinance, 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 is 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 afore-
said in respect of part only of the property, such licence shall not
operate to destroy or extinguish the right of 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 interest in the property or by
the lessee or owner of the rest f th property, as the case may be, over
or in respect of such shares or interests or remaining property, but such
right of re-entry shall remain in full force over or in respect of the
shares or interests or property not hte subject of such licence.
4. Where the reversion upon the lease is severed and the rent or other
reservation is legally apportioned, the assignee of each part fo the re-
version 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 of the original rent or
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.
5. 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, and there is an
insurance on foot at the time of the application to the Court in conform-
ity with the covenant to insure, on such terms as to the Court may seem
fit.
6. The Supreme Court, where such relief is granted, shall direct a
record of such releif having been granted to be made by indorsement
on the lease or otherwise.
7. The Supreme Court shall not have power under this Ordinance to
relieve the same person more than once in respect of the same covenant
or conditin; nor shall it have power to grant any relief under this
relief is sought has been already waived out of Court in favour of the
person seeking the relief.
8. The person entitled to the benefit of a covenant on the part of a
lessee or martgagor 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 in -
sured which has been 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 in conformity with the covenant.
9. Where, on the bonu fide purchase, after the commencement of this
Ordiance, of a lease hold interest under a lease containing a convenant on the part of the lessee to insure against loss or damage by fire, the pur-
chaser 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, and there is subsisting at the time
of the completion ofthe paurchases an insurance in conformity with the
covenant, the purchase or any person claiming under him shall not be
subject to any liability, by way of forfeiture or damages or otherwise,
in respect of any breach of the covenant committed at any time before
the completion of the purchase of which the purchaser had not notice
before the completion of the purchase; but this provision is not to take
away any rememdy which the lessor or his legal representatives may have
against the lessee or his legal representatives for breach of covenant.
10. Nothing in this Ordinance shall affect the provisions of the Crown
Rights (Re-entry, etc.,) Ordiance, 1870.
A.D. 1873. Ordinance No. 11 of 1873. Short title. Restriction on effect of licence to alien. 22 & 23 Vict.c. 35 s. 1. Restricted operation of partial licence. Ib.s.2. Apportionment of conditions of re-entry in certin cases. 22 & 23 Vict.c. 35 s. 3. Relief against forfeiture for breach of convenant to insure in certain cases. Ib.s. 4. Recording of relief granted. Ib.s.5. Restriction on power to relieve. Ib.s.6. Lessor or mortgagee to have benefit of informal insurance. Ib.s.7. Protection of purchaser against forfeiture under convenant for insurance against fire in certain cases. 22 & 23 Vict.c. 35 s. 8. Saving of rights of the Crown. No. 4 of 1870.
Abstract
A.D. 1873. Ordinance No. 11 of 1873. Short title. Restriction on effect of licence to alien. 22 & 23 Vict.c. 35 s. 1. Restricted operation of partial licence. Ib.s.2. Apportionment of conditions of re-entry in certin cases. 22 & 23 Vict.c. 35 s. 3. Relief against forfeiture for breach of convenant to insure in certain cases. Ib.s. 4. Recording of relief granted. Ib.s.5. Restriction on power to relieve. Ib.s.6. Lessor or mortgagee to have benefit of informal insurance. Ib.s.7. Protection of purchaser against forfeiture under convenant for insurance against fire in certain cases. 22 & 23 Vict.c. 35 s. 8. Saving of rights of the Crown. No. 4 of 1870.
Identifier
https://oelawhk.lib.hku.hk/items/show/586
Edition
1901
Volume
v1
Subsequent Cap No.
219
Cap / Ordinance No.
No. 2 of 1873
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“LAW OF PROPERTY AMENDMENT ORDINANCE, 1873,” Historical Laws of Hong Kong Online, accessed January 27, 2025, https://oelawhk.lib.hku.hk/items/show/586.
