THE HONGKONG GOVERNMENT GAZETTE, 7TH JULY, 1905.

(c.) Making and enforcing any order which may be necessary for the proper hearing and determination of any matter before the said Land Officer: and

(d.) Enforcing any judgment made under the provi-

sious of this Ordinance.

8. No legal practitioner shall be allowed to appear on Exclusion of behalf of any party in any matter before the Land Officer legal prac- except by his special permission.

titioners.

Court.

9. Every judgment or order of the Land Officer and every Appeal from entry thereof in the Land Register shall be conclusive for Land Officer all purposes; Provided that if any person shall consider to Supreme himself aggrieved by any such judgment order or entry, and if the Land Officer shall certify that the capital value of the subject in dispute exceeds two thousand dollars, or if a Judge of the Supreme Court shall on good cause shown grant special leave to appeal, such person may within three months from the date of such judgment order or entry move a Judge of the Supreme Court to vary or set aside the same; and it shall thereupon be lawful for such Judge to vary or set aside the said judgment order or entry on such terms as he may think fit.

10. Except by way of appeal from the Land Officer, Exclusion no procceding relating to land in the New Territories shall of land be commenced in the Supreme Court of Hongkong, unless disputes

from juris- the Crown is a party, or unless the Land Officer shall diction of certify that the capital value of the land affected or in Supreme dispute exceeds $5,000 or the annual value thereof ex- Court. ceeds $500.

11. In any proceedings in the Supreme Court in rela- Supreme tion to land in the New Territories the Court shall have Court may

enforce

power to recognise and enforce any Chinese custom or Chinese customary right affecting such land,

customs.

12. The Land Officer shall on judgment being given Registration in respect of any land forthwith enter a memorandum of judgment. of such judgment in the Land Register. No fee shall be payable for such entry,

13. Whenever any land is held from the Crown minder Registration Lease or other graut, agreement or licence in the name of a of Managers

of tongs clan, family or t'oug, such clan, family or t'ong shall appoint a &c. Manager or Managers to represent it, and may from time to time appoint a new Manager. Every such appointment and change shall be reported at the appropriate office, and the Land Officer on receiving such proof as he may require of such appointment, shall, if he approves thereof, register the name of the said Manager or Managers; the said Manager or Managers thereupon shall after giving such notices as may be prescribed have full power to dispose of or in any way deal with the said land as if he or they were sole owner thereof, subject to the consent of the Land Officer, and shall be personally liable for the pay- ment of all rents and charges and for the observance of all covenants and conditions in respect of the said land. Every instrument relating to land held by a clan, family or rong which is executed or signed by the registered Manager or Managers thereof in the presence of the Land Officer and is attested by him, shall be as effectual for all pur- poses as if it had been executed or signed by all the mein- bers of the said clan, family or tong. The Land Officer may on good cause shewn cancel the appointment of any Manager and select and register a new Manager in his place. If the members of any clan, family or tong holding land shall not within three mouths after the coming into operation of this Ordinance, or after the acquisition of the land if acquired after the coming into operation of this Ordinance, muke and prove the appointment of such Mana- ger or Managers as aforesaid, or within three months after any change of Manager prove the same as aforesaid, ir shall be lawful for the Crown to re-enter upon the land. held by such clan, family or tong which shall thereupon become forfeited to the Crown. Such re-entry shall be effected by the registration of a memorandum thereof in the appropriate office.

1093

Share This Page