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Provided that if the Land Officer is satisfied that the rent of any section as the same inay appear in the Crown Rent Roll or in any instrument registered in the Land Office has been fixed substantially in accordance with the principle laid down in this subsection and is fair and reasonable he may accept such rent as the basis for fixing the determined rent.
(2) In any case in which the rent reserved by the Crown lease is expressed in terms of sterling the sterling rent shall for the purposes of this Ordinance be converted into Hong Kong currency at the rate of four shillings and two pence as equivalent to one dollar.
(3) In fixing the determined rent the Land Officer shall add and include such sum, if any, as may be necessary to make the determined rent an even number of dollars.
any
5.-(1) For the purpose of determining the area of lot or section the Land Officer may accept as correct any state- ment as to such area contained in any Crown lease or other instrument registered in the Land Office or contained in any plan annexed to or endorsed upon any such Crown lease or instrument.
(2) If the Land Officer shall be of the opinion that the area of any lot or section necessary to be ascertained for the purpose of calculating the determined rent is uncertain he may require such lot or section to be surveyed and a plan or certificate showing the area of the lot or section and purporting to be signed by the Director of Public Works or by an officer authorised by him may be accepted by the Land Officer as conclusive evidence of the area of the lot or section. Notice that a survey is required shall be given by the Land Officer to the applicant for determination of the rent and at any time within fourteen days after the giving of such notice the ap- plication may be withdrawn.
(3) The fees for any survey required by the Land Officer under the preceding sub-section shall be paid and borne by the section owner on whose application the rent is to be deter- mined,
Proof of
areas,
6. When a determined rent is fixed on the application Determina- of a section owner other than the owner of the Remaining
tion on Portion of a lot the proportions of the Crown rent payable of section
application in respect of other portions of the lot shall not be affected owner not thereby.
to affect remainder of lot.
where application
by the
7. When an application for the determination of the Provisions rent is made by the owner of the Remaining Portion of a lot and the Land Officer shall, in his discretion, decide to make such determination the following additional provisions shall apply:-
(a) The Land Officer shall fix the determined rents for and in respect of each and every of the sections of the lot in like manner as if a separate request for determination had been made in respect of each and every of such sections.
(b) The owner of each and every section of the lot shall be bound by such determination in all respects as if he had made application therefor.
is made owner of the Remaining Portion of a lot.