C.S. 84
For discussion
on 1st March 1977
RESTRICTED
XCR(77)53 0 Copy No ...
MEMORANDUM FOR EXECUTIVE COUNCIL
Crown Rights (Re-entry) Ordinance (Repealed) and Crown Rights (Re-entry and Vesting Remedies) Ordinance
(Chapter 126)
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RECEIVED IN FC 787 No. $1
PETITION FOR CANCELLATION OF MEMORIAL OF RE-ENTRY ON LOTS 607 AND 608 IN DEMAR CATION DISTRICT 436
NORTH TSING YI, NEW TERRITORIES
9 MAR 1977
HKK 365,
Under section 4 of the repealed Crown Rights (Re-entry) Ordinance, the former lessee of a re-entered lot could petition the Governor in Council to grant relief against the re-entry forfeiture. Section 5 of that Ordinance prescribed a period of six months from the publication of the memorial of re-entry for a petition to be presented, but the Governor in Council could extend this period in any particular case. The right to petition for relief under the repealed Crown Rights (Re-entry) Ordinance, for persons who had such a right before its repeal, was preserved by section 15 of the Crown Rights (Re-entry and Vesting Remedies) Ordinance (Chapter 126). The petitioner with whom this memorandum is concerned was so entitled under the repealed Ordinance in respect of the property known as Lots 607 and 608 in Demarcation District 436, on the north coast of Tsing Yi Island in the New Territories.
2
On 19th November 1963, having considered memorandum XCR (63)361, the Council approved the sale by tender of leases of an area of foreshore and seabed totalling about 446, 250 square feet situated on the north coast of Tsing Yi Island within Area 34 of the Tsuen Wan and District Outline Development Plan. The sites were to be used for ship/boat build- ing and repairing and persons or companies engaged in this trade in Hong Kong were invited to tender. As a result, Lots 607 and 608 in Demarcation District 436, having an area of 17, 640 square feet each, were purchased on 21st February 1964 by Mr TONG Kow of the Consolidated Salvage and Engineering Company, the present petitioner, at a premium of $200,000 for each lot. Mr Tong paid $20, 000 as a deposit and in part payment of the premium tendered and agreed to pay the balance of the premium amounting to $180, 000 and interest at the rate of 5% per annum by 20 equal annual instalments of $13,752 in respect of each lot.
3
The 5th instalment of premium amounting to $27, 504 for the two lots was not paid by the due date, 7th February 1968, and a three months' extension of time was granted, subject to the payment of interest, to assist the petitioner to meet the commitment. The petitioner, having settled payment of the interest amounting to $825, requested that he be
RESTRICTED