| An Ordinance to provide for the payment of redemption money in respect of land exchange entitlements to the owners thereof, for the extinguishment of rights against the Government under landexchange entitlements, and for matters incidental thereto and connected therewith. (Enacted 1996) [27 June 1997] L.N. 343 of 1997 (Originally 70 of 1996) Cap 495 s 1 Short title (1) This Ordinance may be cited as the New Territories Land Exchange Entitlements (Redemption) Ordinance. (2) (Omitted as spent) (Enacted 1996) Cap 495 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "appropriate New Territories Land Registry" (适当的新界区土地注册处) means the appropriate New Territories Land Registry within the meaning of section 10(2) of the New Territories Ordinance (Cap 97); "Capital Works Reserve Fund" (基本工程储备金) means the Capital Works Reserve Fund established by resolution made and passed by the Legislative Council on 20 January 1982 and deemed under the Public Finance Ordinance (Cap 2) to have been established in accordance with section 29 of that Ordinance; "claim" (申索) means a claim lodged under section 5(1); "claimant" (申索人) means a person who has lodged a claim; "commencement date" (生效日期) means the date on which this Ordinance comes into operation; "Director" (署长) means the Director of Lands; "entitlement document" (权利文件), in relation to a land exchange entitlement, means a document issued by the Government, in which the terms and conditions upon and subject to which the land exchange entitlement is granted are set out; "land" (土地) means a lot or lots, or part or parts thereof; "land exchange entitlement" (土地交换权利) means an entitlement granted by the Government- (a) in consideration of the surrender of any land or interest in land to the Government; (b) in consideration of the surrender of any right to compensation payable by reason of the resumption of any land under the Lands Resumption Ordinance (Cap 124); (Amended 29 of 1998 s. 98) (c) in substitution for an entitlement granted by the Government in consideration of the surrender of any land or interest in land to the Government; or (d) in substitution for an entitlement granted by the Government in consideration of the surrender of any right to compensation payable by reason of the resumption of any land under the Lands Resumption Ordinance (Cap 124), by which any person or persons are entitled to a grant of land or to the payment of a sum of money in lieu of the grant of land, upon and subject to the terms and conditions set out in a document issued by the Government for that purpose; (Amended 29 of 1998 s. 98)"legal ownership" (法律上的拥有权), in relation to a land exchange entitlement, means legal ownership, as distinct from beneficial ownership, of the land exchange entitlement, and "legal owner" (法律上的拥有人) shall be construed accordingly; "lot" (地段) means a piece or parcel of ground, whether covered by water or not, which is situated in the New Territories and identified as a lot with a lot number assigned in the appropriate New Territories Land Registry; "note-issuing bank" (发钞银行) has the meaning assigned to it by section 2 of the Legal Tender Notes Issue Ordinance (Cap 65); (Replaced 6 of 2001 s. 11) "owner" (拥有人), in relation to a land exchange entitlement, means a person who is for the time being a legal owner (whether by himself or with any other person or persons) of the land exchange entitlement; "redemption money" (赎回款项), in relation to a land exchange entitlement, means the redemption money payable to an owner thereof under section 4. (Enacted 1996) Cap 495 s 3 Application Remarks: Amendments retroactively made-see 29 of 1998 s. 98 Nothing in this Ordinance shall apply to a land exchange entitlement unless- (a) where the land exchange entitlement is granted in consideration of the surrender of any land or interest in land to the Government, the surrender of the land or interest in land has taken place before the commencement date; (b) where the land exchange entitlement is granted in consideration of the surrender of any right to compensation payable by reason of the resumption of any land under the Lands Resumption Ordinance (Cap 124), the resumption of the land has taken place before the commencement date; (Amended 29 of 1998 s. 98) (c) where the land exchange entitlement is granted in substitution for an entitlement granted by the Government in consideration of the surrender of any land or interest in land to the Government, the surrender of the land or interest in land has taken place before the commencement date; or (d) where the land exchange entitlement is granted in substitution for an entitlement granted by the Government in consideration of the surrender of any right to compensation payable by reason of resumption of any land under the Lands Resumption Ordinance (Cap 124), the resumption the land has taken place before the commencement date. (Amended 29 of 1998 s. 98) |
