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THE HONGKONG GOVERNMENT GAZETTE, 27TH AUGUST, 1870.
Right of
Re-entry by
the Crown. How it may
be exercised.
*Memorial of
Re-euiry.
Lessee may petition the Governor for Relief against
I. When a Right of Re-entry upon Lands or Tenements within this Colony shall have accrued to Her Majesty or her Successors, such Right may be exercised or enforced without any Inquisition being taken or Office being found, or any actual Re-entry being
made on the Premises.
II. Whenever it shall be necessary to enforce a Right of Re- entry by the Crown upon any such Lands or Tenements, for the Breach of any Covenant in the Crown Lease thereof, a Memorial of such Re-entry under the Hand of the Governor and the Public Seal of the Colony may be registered in, the Land Office and immediately upon the Registration of such Memorial, the Crown shall be deemed to have re-entered upon the Lands or Tenements described therein and in respect of which such Right of Re-entry shall have acerned, and the said Lands and Tenements shall ipso facto become thereby re-vested in the Crown as fully as if the Crown Lease thereof had determined, or a Surrender to Her Majesty and her Successors of such Crown Lease had been executed by the Lessee, his Executors, Administrators, or Assigns: Provided always, that in Case the Lessee, his Executors, Administrators, and Assigns, shall dispute the Right of the Crown to re-enter, he may apply by Summary Petition to the Supreme Court in its Equitable Jurisdiction for Relief against such Re-entry.
III. In every Case of Re-entry by the Crown for Breach of Covenant in a Crown Lease, the Lessee, his Executors, Adminis- trators, or Assigns may within such Period as hereinafter mentioned, Forfeiture for petition the Governor to grant him Relief against the Forfeiture
of the Crown Lease by Reason of such Breach of Covenant.
Breach of Covenant.
Petition if not
referred to
IV. It shall be lawful for the Governor in Council upon such granted to be Petition to grant the Relief, but in Case he shall not think fit to do so, or in Case he shall desire that the Matter be dealt with by a Court of Law, the Petition, unless previously withdrawn, shall be referred to the Supreme Court in its Leuitable Jurisdiction.
Supreme Court.
Time limited
Petition.
V. No such Petition as last aforesaid shall be entertained by for presenting the Governor in Council or by the Supreme Court, unless the same shall have been presented to the Governor within Twelve Months from the Publication in the Gazette of the Notice of Registration of the Memorial of Re-entry: Provided always that the Governor in Council may, if he shall think fit in any particular Case, extend the Time hereby limited for presenting sich Petition.
Proceedings on Petition.
Power to order
Cancellation
of Memorial
of Re-entry.
Cancellation of Memorial.
Form of Memorial of Re-entry.
Notice in the Gazette.
VI. Upon the Hearing before the Supreme Court of any Petition under this Ordinance, the Attorney General shall appear as Respondent thereto on Behalf of the Crown, and the Proceedings shall be the same as upon a Summary Petition under Ordinance No. 1 of 1857, unless the Court shall otherwise direct, and it shall be lawful for the Court in its Discretion to exercise the same Powers, and to make the same Decree or Order as in a Suit between private Parties for the same Relief, and in Cases where the Right of Re-entry is in Dispute to apply the Provisions of Ordinance No. 3 of 1801, and generally to grant such Relief and make such Decrees or Orders upon such Petitions as the Justice of the Case may require.
VII. The Governor in Council, upon the Petition of any Crown Lessee, his Executors, Administrators, and Assigns under Section III, and the Supreme Court, upon the Hearing of any Petition under this Ordinance, may order the Cancellation of the Memorial of Re-entry upon the Lands and Tenements in respect of which the Petition shall have been presented, and such Cancellation if so ordered, shall be effected in Manner hereinafter mentioned.
VIII. A Memorial of Re-entry by the Crown, shall be deemed to have been cancelled if a Memoranduin signed by the Colonial Secretary to the Effect that the same is cancelled by Order of the Governor in Council or of the Supreme Court be written or endorsed thereon, and immediately upon such Cancellation, the Memorial shall become void to all Intents and Purposes as if the same had never been made or registered, and the Lands and Tenements described therein shall be ipso facto re-vested in the Lessee, his Executors, Administrators and Assigns for all his or their previous Estate and Interest therein, and the Crown Lease thereof, and every Mortgage, Charge, or Lien previously existing thereon, shall be deemed to be as valid and subsisting in every Respect, as if no such Re-entry had been effected by the Crown under the Provisions of this Ordinance.
IX. The Form of Memorial contained in the Schedule to this Ordinance or any Form to the like Effect may be used for the Purpose of Section II, with such Variations as the Circumstances of the Case may require.
X. Notice of the Registration of a Memorial of Re-entry by the Crown and of any Cancellation thereof, shall be published in the Gazette.