THE HONG KONG GOVERNMENT GAZETTE, JANUARY 31, 1936. 103
to be
observed in
rent.
4.-(1) The amount of the determined rent of a section Principles shall in so far as is reasonable bear a like proportion to the Crown rent of the lot of which it forms part as the proportion determining which the area of the section bears to the area of the lot: Provided that if the Land Officer is satisfied that the rent of any section as the same may 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.
areas.
5.--(1) For the purpose of determining the area of any Proof 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determination of the rent and at any time within fourteen days after the giving of such notice the ap- plication may be withdrawn.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.
tion on
6. When a determined rent is fixed on the application Determina- of a section owner other than the owner of the Remaining application Portion of a lot the proportions of the Crown rent payable of section in respect of other portions of the lot shall not be affected to affect thereby.
Owner not
remainder of lot.
where
7. When an application for the determination of the Provisions rent is made by the owner of the Remaining Portion of a lot application and the Land Officer shall, in his discretion, decide to make is made such determination the following additional provisions shall apply:---
by the
owner of the Remaining Portion of
(a) The Land Officer shall fix the determined rents for a lot. 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 annlication therefor