"
THE HONGKONG GOVERNMENT GAZETTE, 7TH JULY, 1905.
GOVERNMENT NOTIFICATION. -No. 425.
1091
His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinance passed by the Legislative Council:--
Ordinance No. 3 of 1905.-An Ordinance to facilitate the transfer of land in the New Terri- tories and for settling disputes in respect thereof and for other purposes.
By Command,
Colonial Secretary's Office, Hongkong, 7th July, 1905.
No. 3 of 1905.
An Ordinance to facilitate the transfer of land in
the New Territories and for settling disputes
in respect thereof and for other purposes.
M. NATHAN,
LS
Governor.
[7th July, 1905.]
F. H. MAY, Colonial Secretary.
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1.-(1.) This Ordinance may be cited as the New short title.
Territories Land Ordinance, 1905.
(2.) This Ordinance shall come into operation on such day as shall hereafter he fixed by Proelamation under the band of the Governor.
(3.) This Ordinance only applies to the New Territories.
(4.) Upon the application of the registered owner of any land in the New Territories which has been purchased from the Crown since the 17th day of April, 1899, and in respect of which a separate Crown Lease has been or is intended to be issued, the Governor may exempt the said laud from the provisions of this Ordinance by a Memorandum under his hand written in or upon the Crown Lease thereof.
(5.) Upon the application of the registered owner of any land in the New Territories not covered by the provisions of the last preceding sub-section, and upon proof to the satisfaction of the Land Officer of the title of such owner, and surrender of such land to the Crown, the Governor may direct a new Crown Lease for such land to be issued after due survey thereof has been made and the prescribed fees paid, and the Governor may thereupon exempt the said land from the provisions of this Ordinauce by a Memorandum in writing under his hand written in or upon snel new Crown Leasc, PROVIDED ALWAYS that in any case in which such application refers to land of such small value that, in the opinion of the Governor, it is undesirable to grant exemption the Governor may refuse to grant the same,
commence- ment, application.
and exemp- tion from operation of Ordinance.
2. In this Ordinance or any regulation made thereunder Interpret- unless a contrary intention appears-
(1.) The New Territories" mean the additional terri- tories acquired by this Colony under the Convention dated the 9th June, 1898, between Her Majesty Queen Victoria and His Imperial Majesty The Emperor of China for the enlargement of the limits of this Colony, including the City of Kowloon.
(2.) · Land" includes land of any description and any estate or interest in land, land covered by water or within the flow of the sea, and houses and other buildings, and also an undivided share in land and any estate or interest in land.
(3.) In relation to land income" includes rents and profits, and "possession" includes receipt of income.
(4.) "Conveyance" includes assignment, appointment, lease, settlement and other assurance, made by deed on a sale, mortgage, demise or settlement of land or on any other dealing with land; and "convey" has a meaning corresponding with that of conveyance.
ation of terms.