4
Preserving of existing rights
10.
If textual amendments are made, changing from 'Crown' to 'Government' all references to Crown land, Crown leases, Crown rent, Crown grants etc., a question could arise as to the rights and obligations of persons who now hold interests in land from the Crown. Section 23 (c) of Cap. 1 provides that a repeal does not affect any right etc. accrued under the repealed Ordinance (and since "amend" includes "repeal" it is probable that "repeal" includes "amend" in s. 23). However, for the avoidance of doubt, it would be preferable to include an express saving provision to the effect that the rights and obligations in relation to land of any person who held any interest in or relating to land before the operative date (i.e. the date of commencement of the amending Ordinance) are not affected by
Note anything in the amending Ordinance.
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(a) Such a saving provision should if possible avoid
referring to rights held from or through the Crown, since it is desirable to avoid using that term in the legislation (except to repeal or amend it).
(b)
(c)
Such a provision would equally save the rights and obligations of the Crown in respect of interests in or over what was formerly Crown land, although it would not need to say so.
The provision should also be wide enough to cover documents and records relating to relevant rights and interests.
(d) The provision may need to refer expressly to premises
and tenements, but that will be for the draftsman to consider.
11.
The Working Group therefore RECOMMENDS that a saving provision be inserted in Cap. 1 or in the adaptation Ordinance to the effect that no rights and obligations in or over or relating to land which existed before the coming into operation of that Ordinance are affected by anything in that Ordinance.
'Historic' references to Crown leases etc.
12.
A corollary to the problem discussed in paras. 10 and 11 is the problem created by textually altering all references to Crown leases etc. even if they were created many years ago. Many examples appear in the private Ordinances such as Cap. 1004, s. 7, Cap. 1014 Preamble etc. The Working Group considered the possibility of leaving such references unamended, since they were references to historic facts and as a matter of law and logic could continue to appear in the Laws of Hong Kong