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THE HONGKONG GOVERNMENT GAZETTE, 1ST DECEMBER, 1905.
GOVERNMENT NOTIFICATION.-- No. 791.
The following Regulations are published.
By Command,
T. SERCOMBE SMITII, Colonial Secretary.
Colonial Secretary's Office, Hongkong, 1st December, 1905.
REGULATIONS FOR THE COLLECTION OF CROWN RENT IN ARREAR IN THE NEW TERRITORIES
Made by the Governor in Council, under the provisions of Section 40 of the New Territories Land Ordinance 1905 (No. 3 of 1905,) this 30th day of November, 1905.
CROWN RENT REGULATIONS.
Collector of Crown Rent to issue Warrant of Attachment for arrears of Crown Rent after summons to registered owner.
1. Where default has been made by any person in payment of Crown Rent or other money due in respect of any land held from the Crown under Crown Lease, grant, agreement, or licence, it shall be lawful for the Collector of Crown Rent to issue a warrant of attachment under his hand and seal in the form prescribed in the schedule to these regulations, and the said Collector or any person author- ised by him may by virtue of such warrant seize any personal property of the registered owner of the land, whether on the land or premises in respect of which the arrears of rent or other money is due or not, and he may also seize any live-stock, goods, chattels, effects, and crops, to whomsoever belonging, which may be found on the land in respect of which the arrears are due, and may after the expiration of the prescribed period sell the same by public auction in the manner hereinafter prescribed. Pro- vided that the Collector shall not issue any such warrant as aforesaid until a summons in the form prescribed in the schedule to these regulations shall have been issued by him calling upon the registered owner to appear before the Land Officer and show cause why such warrant should not issue, and such registered owner either fails to appear, or having appeared fails to show sufficient cause as aforesaid. The said summons may be served either by delivering it to the registered owner personally or by leav ing it at his usual or last known place of abode or business or on the land in respect of which the the arrears of rent are due, or by posting it in some convenient place near to the land itself and at the nearest Temple, Police Station, or other conspicuous building in the vicinity.
Mode of attachment of movable property.
2. The attachment of any movable property shall be made by actual seizure, and an inventory shall forthwith be taken of such property by the person making such attachment (hereinafter called "the attaching officer "), who if required shall deliver a copy of such inventory to the person owning or claiming to own the property attached. The property attached shall be kept in the custody of the attaching officer or some person authorised by him, with power to impound or otherwise secure the same on the land or premises whereon the same were seized, or to remove the same as he shall think fit.
Attaching Officer not to break outer door.
3. The attaching officer shall not without the written permission of the Collector of Crown Rent enter any dwelling-house after sunset or before sunrise, nor break open the outer door of any dwel- ling-house, but where he has duly gained access to any any dwelling-house he may break open any inner door of any room in which he has reason to believe there is any property liable to attachment.
Attachment of crops.
4. The attachment of crops shall be effected by notice in the form in the schedule hereto pro- hibiting the person in possession of or claiming the same from removing or dealing with the same. Such notice shall be posted on the land on which the crops are growing and a copy thereof shall be posted at a Temple, Police Station, or other conspicuous building in the vicinity.
Sule.
5. At the expiration of three days from the date of seizure, including the day of such seizure, the property attached may be sold by public auction by the person appointed by the Collector of Crown Rent in such lots and in such manner as shall be deemed expedient. Provided that where the pro- perty seized is of a perishable nature, or when the cost of keeping it in custody appears likely to exceed its value it may be sold immediately after seizure.