| Remarks: Amendments retroactively made - see 29 of 1998 ss. 39 & 40 To make provisions enabling certain interests in land and connected rights and obligations to be vested in The Financial Secretary Incorporated in circumstances where the Government is entitled to exercise a right of re-entry under a Government lease or default is made in the payment of Government rent or premium, and to consolidate those provisions with the provisions set forth in the repealed Crown Rights (Re-entry) Ordinance (Cap 126 1964 Ed.), and for connected or incidental purposes. (Amended L.N. 180 of 1985; 29 of 1998 s. 39) [1 June 1970] L.N. 73 of 1970 (Originally 44 of 1970) Cap 126 s 1 Short title Remarks: Amendments retroactively made - see 29 of 1998 s. 40 PART I PRELIMINARY This Ordinance may be cited as the Government Rights (Re-entry and Vesting Remedies) Ordinance. (Amended 29 of 1998 s. 40) Cap 126 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 40 & 41 In this Ordinance, unless the context otherwise requires- "determined annual instalment of premium" (已厘定的每年的地价分期付款) means the sum determined by the Director of Lands under section 12 of the Government Rent and Premium (Apportionment) Ordinance (Cap 125) as the annual instalment of premium payable in respect of a relevant interest; (Amended L.N. 291 of 1993; 29 of 1998 s. 41) "determined Government rent" (已厘定的地税) means the sum determined by the Director of Lands under section 12 of the Government Rent and Premium (Apportionment) Ordinance (Cap 125) as the Government rent payable in respect of a relevant interest; (Replaced 29 of 1998 s. 41) "former owner" (前拥有人) in relation to a lot or relevant interest means the owner of that lot or interest immediately before the time of registration in the Land Registry of a memorial of re-entry or a vesting notice, as the case may be; "lot" (地段) means any piece or parcel of ground the subject of a Government lease and also means a section which by virtue of section 8(3) or 27(2) of the Government Rent and Premium (Apportionment) Ordinance (Cap 125) is deemed to be a lot for the purposes of that Ordinance; (Amended 29 of 1998 s. 41) "new Government lease" (新政府租契) means such a lease as is deemed to be granted under Part II of the Government Leases Ordinance (Cap 40); (Added 68 of 1977 s. 2. Amended 29 of 1998 s. 41) "owner" (拥有人) means- (a) the person whose name is registered in the Land Registry as that of the owner or one of the owners of the lot or relevant interest, as the case may be; (b) a mortgagee under a mortgage which is registered in the Land Registry; and (c) the executors, administrators assigns, and a successor in title of an owner as defined in paragraph (a) or (b);"relevant interest" (有关权益) means the undivided share in the lot on which a building stands, the owner of which share, as between himself and the owners of the other undivided shares in that lot, is entitled under the terms of an instrument registered in the Land Registry to exclusive possession of premises in that building; "The Financial Secretary Incorporated" (财政司司长法团) means the corporation incorporated under that name by the Financial Secretary Incorporation Ordinance (Cap 1015); (Amended L.N. 180 of 1985; L.N. 362 of 1997) "vesting notice" (转归通知) means a vesting notice registered in the Land Registry under section 7. (Amended 8 of 1993 ss. 2 & 3) Cap 126 s 3 Exercise of right of re-entry by the Government Remarks: Amendments retroactively made - see 29 of 1998 ss. 40 & 105 PART II EXERCISE OF RIGHT OF RE-ENTRY When a right of re-entry upon lands or tenements has accrued to the Government, such right may be exercised or enforced without any actual re-entry being made on the premises. (Amended 29 of 1998 s. 105) [cf. 1859 c. 21 s. 25 U.K.] Cap 126 s 4 Memorial of re-entry Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 40 & 105; 3 of 2000 s. 3 (1) Whenever it is necessary to enforce a right of re-entry by the Government upon any lands or tenements for the breach of any covenant in the Government lease thereof, or for the breach of any condition or stipulation of any tenancy thereof, a memorial of an instrument of re-entry, under the hand of any public officer authorized by the Chief Executive to sign such instruments, may be registered in the Land Registry. (Amended 8 of 1993 s. 2; 3 of 2000 s. 3) (2) Immediately on the registration of such a memorial, the Government shall be deemed to have re-entered upon the lands or tenements described therein and in respect of which the right of re-entry has accrued, and the said lands and tenements shall thereby become re-vested in the Government as fully as if the Government lease thereof had determined, or, as fully as if the tenancy had determined, as the case may be. (Amended 29 of 1998 s. 105) |
