439
Draft Bill.
No. S. 238.-The following bill, which it is proposed to introduce at the next meeting of the Legislative Council, is published for general information :-
C. S.O. 3668/29.
[No. 2: -12.3.30.—2.]
A BILL
INTITULED
An Ordinance to amend the New Territories
Regulation Ordinance, 1910.
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the New Territories Short title. Regulation Amendment Ordinance, 1930,
2. Section 20 of the New Territories Regulation Ordi- Amendment nance, 1910, is amended by the repeal of the proviso of Ordinance contained in lines 12 to 19 thereof (both inclusive) and by No. 34 of the insertion of the following proviso immediately after 1910, s. 20. the word "judgment" in line 7 thereof :-
Provided as follows:
(a) the Land Officer shall not have power to decide
any question or dispute to which the Crown is a party unless the Governor consents in writing to his so doing;
(5) the Land Officer shall not bave power to decide any claim to arrears of rent if the monthly value of the rent exceeds five hundred dollars, or if the total claim exceeds one thousand five hundred dollars;
(e) the Land Officer shall not have power to decide any claim to arrears of rent where the title of the plaintiff is in his opinion disputed bona fide, unless either () the defendant consents in writing to his so doing or (ii) he would have had jurisdiction under paragraph (d) of this proviso if the claim, instead of being a claim to arrears of rent, had been a claim in respect of the land out of which the rent in question issues or is alleged to issue ;
(d) the Land Officer shall not have power to decide any question or dispute (other than a claim to arrears of rent) in respect of any land having a capital value exceeding five thousand dollars, or an annual value exceeding five hundred dollars, unless with the written con- sent of the parties to such question or dispute.
3. Section 24 of the New Territories Regulation Ördi- Repeal of nance, 1910, is repealed and the following section is Ordinance substituted therefor :-
Exclusion
of certain
Court.
24. Except by way of appeal from the Land Officer, no proceeding relating to land in the proceedings
New Territories shall be commenced in the from jurisdiction Supreme Court unless the Crown is a party or of Supreme the jurisdiction of the Land Officer in respect of such proceeding is excluded by or under the provisions of section 20, provided that nothing in this section shall affect the operation of sec- Ordinance No. 1 of 1883.tion 40 of the Distress for Rent Ordinance, Ordinance 1883, as enacted by section 4 of the Distress No. 8 of 1928.for Rent Amendment Ordinance, 1928.
No. 34 of 1910, s. 24, and substitution of new section,
4. The provisions of the New Territories Regulation Application Ordinance, 1910, as amended by this Ordinance, shall of Ordinance apply to all questions and disputes relating to land in the No. 34 of New Territories, including claims to arrears of rent, 1910,
as amended. whether such questions or disputes shall have arisen before the commencement of this Ordinance or shall bere- after arise.