RESTRICTED

9. IN THE EVENT OF GOVERNMENT RENT BEING FIXED AS A PERCENTAGE OF RATEABLE VALUE THE RENT WOULD NOT DECREASE EVEN IF THE RATEABLE VALUE WERE REDUCE. SUCH RENT, HOWEVER, WOULD INCREASE IN THE EVENT OF THE RATEABLE VALUE BEING INCREASED, WHETHER BY WAY OF INTERIM VALUATION OR A GENERAL REVISIONS OF THE VALUATION LIST. THIS IS THE EXISTING POSITION UNDER THE CROWN LEASES ORDINANCE (CAP. 40). THE REASON FOR THIS IS THAT GOVERNMENT RENT IS A BASIC CHARGE PAYABLE BY THE LESSEE (TENANT) TO THE LESSOR (OWNER).

10. WHERE NO RATEABLE VALUE OF A TENEMENT HAS BEEN ASCERTAINED UNDER THE RATING ORDINANCE, WHETHER BY REASON OF THE EXEMPTION OF SUCH TENEMENT FROM ASSESSMENT TO RATES OR OTHERWISE, A NOTIONAL RATEABLE VALUE CAN BE ASCERTAINED AS IF THE TENEMENT WERE ASSESSABLE TO RATES UNDER THE ORDINANCE. THERE IS AN EXISTING PROVISION TO THIS EFFECT AT SECTION 9(6) OF THE CROWN LEASES ORDINANCE DEALING WITH THE RENEWAL OF EXISTING RENEWABLE CROWN LEASES.

MANY

11. IN MANY INSTANCES, PARTICULARLY IN THE URBAN AREAS, SEPARATE TENEMENTS E.G.V FLATS, WHICH WILL BE SEPARATELY RATED AND WILL THEREFORE HAVE THEIR OWN SEPARATE RATEABLE VALUES, WILL BE STANDING ON THE SAME PIECE OF LEASED LAND. IN THAT EVENT ALL THE RATEABLE VALUES ARE ADDED TOGEHTER AND THE CROWN RENT OF THE PIECE OF LAND IS THEN 3 PERCENT OF THE TOAL. THE NEW RENT, HOWEVER, CAN BE COLLECTED IN RESPECT OF EACH TENEMENT BY WAY OF A PERCENTAGE OF THE RATEABLE VALUE OF THE TENEMENT. THE LATTER IS DONE WHERE THE TENEMENTS ARE IN SEPARATE OWNERSHIP.

12. THE EXISTING PRACTICE OF CALCULATING THE NEW GOVERNMENT RENT ON THE STATUTORY RENEWAL OF EXISTING GOVERNMENT RENEWABLE LEASES UNDER THE CROWN LEASES ORDINANCE HAS BEEN PROCEEDING SMOOTHLY SINCE 1973 AND NO PROBLEMS ARE FORESEEN REGARDING THE MECHANICS OF RENT ASSESSMENT AND COLLECTION.

BRAY

FUTURE OF HONG KONG

LIMITED

HD/HKD

HD/FED

HD/PLANNING STAFF

HD/PUSD

DEP HD/PUSD

RESEARCH D (MR WALKER)

LEGAL ADVISERS(SIR J FREELAND) PS

PS/LADY YOUNG

PS/MR LUCE

PS/PUS

SIR W HARDING

SIR C TICKELL MR GOODALL

-3-

COPIES TO:-

BUCKINGHAM PALACE

PS/LORD PRESIDENT OF THE COUNCIL PS/HOME SECRETARY

PS/CHANCELLOR OF THE EXCHEQUER

PS/LORD PRIVY SEAL

PS/SECRETARY FOR TRADE & INDUSTRY

COPIES TO:- (VIA ADR)

MR ROBERTS NEWS DEPT

MR BURROWS LEGAL ADVISERS

MR FIFOOT LEGAL ADVISERS MR POWELL NO 10 DOWNING ST.

MR INGHAM NO 10 DOWNING ST.

MR MARTIN ASSESSMENTS STAFF CABINET OFFIC MR CARTLEDGE CABINET OFFICE

MR BRENNAN

CABINET OFFICE

PS/S OF S FOR DEFENCE

PS/ATTORNEY GENERAL

SIR P CRADOCK ROOM K195

SIR P CRADOCK NO 10 DOWNING ST.

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