| Cap 125 Long title Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 35 & 36 To provide for the apportionment of Government rent and premium. (Amended 29 of 1998 s. 35) [8 May 1970] (Originally 43 of 1970) Cap 125 s 1 Short title Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 36 PART I PRELIMINARY This Ordinance may be cited as the Government Rent and Premium (Apportionment) Ordinance. (Amended 29 of 1998 s. 36) Cap 125 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105 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 5 or 12 as the annual instalment of premium payable in respect of a section or a relevant interest; (Amended L.N. 291 of 1993) "determined Government rent" (已厘定的地税) means the sum determined by the Director of Lands under section 5 or 12 as the Government rent payable in respect of a section or a relevant interest; (Amended L.N. 291 of 1993; 29 of 1998 s. 105) "existing building" (现有建筑物) means a building standing on a lot or section- (a) the Government lease of which has been renewed in accordance with a proviso for renewal contained therein or pursuant to a statutory provision, or has been regranted subject to payment of a premium by instalments; (Amended 29 of 1998 s. 105) (b) a relevant interest in which was created or agreed to be created under an instrument registered in the Land Registry before 1 August 1970; and (c) in respect of which no instrument containing a basis of apportionment of the principal Government rent reserved under the new Government lease or of the annual instalment of premium payable in respect of that relevant interest has been registered in the Land Registry; (Added 29 of 1973 s. 2. Amended 29 of 1998 s. 105)"lot" (地段) means- (a) any piece or parcel of ground the subject of a Government lease; and (Amended 29 of 1998 s. 105) (b) a section which, by virtue of section 8(3) or 27(2), is deemed to be a lot;"owner" (拥有人), in relation to a section or a relevant interest, means- (a) the person whose name is registered in the Land Registry as that of the owner or one of the owners of the section or relevant interest; and (b) a mortgagee under a mortgage which is registered in the Land Registry;"premium" (地价) means any sum, other than Government rent, required to be paid to the Government as a condition or in consideration of- (a) the grant, renewal or continuance of a Government lease; (b) consent to the assignment of a Government lease or of any rights under a Government lease; or (c) the extension or variation of a Government lease; (Amended 29 of 1998 s. 105)"principal Government rent" (主要地税) means the Government rent payable in respect of a lot; (Amended 29 of 1998 s. 105) "principal premium" (主要地价) means the premium payable in respect of a lot; "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; "section" (分段) means any portion or division of a lot, which portion or division has been assigned, alienated or retained for the whole of the term or interest created by the Government lease of the lot by or under an instrument which is registered in the Land Registry. (Amended 29 of 1998 s. 105) (Amended 8 of 1993 ss. 2 & 3) Cap 125 s 3 Application Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 36; 3 of 2000 s. 3 (1A) (a) Subject to paragraph (b), this Ordinance does not apply to any interest in land held under an applicable lease within the meaning of the Government Rent (Assessment and Collection) Ordinance (Cap 515) as from- (i) in the case of an applicable lease extended by section 6 of the New Territories Leases (Extension) Ordinance (Cap 150), 28 June 1997; (ii) in the case of an interest held under an applicable lease which was exempted from liability to pay Government rent under the Government Rent (Assessment and Collection) Ordinance (Cap 515), the date on which the exemption ceases to apply; (iii) in the case of an applicable lease under which there is an express obligation to pay an annual rent of 3% of the rateable value from time to time of the land leased, the date specified in the lease as the date from which the rent is payable. (b) Nothing in paragraph (a) shall affect any right or liability already acquired or incurred in respect of any interest referred to in that paragraph under or by virtue of any provision of this Ordinance at any time before this Ordinance ceases to apply to such interest by virtue of that paragraph. (Added 53 of 1997 s. 55)(1) Subject to subsection (1A), this Ordinance does not apply to land in the New Territories unless the land- (Amended 53 of 1997 s. 55) |
