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Court in case of refusal to release.
Charge to continue on lands not taken.
Apportionment of rent where part No. 2. THE ORDINANCES OF HONGKONG: [A.D. 1883.
or determined to the party entitled to any such charge as aforesaid, such party shall execute to the Company a release of such charge.
(2.) If he fails to do so, or if he fails to adduce good title to such charge, to the satisfaction of the Company, or if he is absent from the Colony, whether temporarily or permanently, or in hiding, or cannot after diligent inquiry be found, it shall be lawful for the Company to pay the amount of such compensation into Court, and also, if it thinks fit, to prepare a deed of release of such charge, and to tender the same, after it has been duly stamped as required by law, to the Registrar for execution on behalf of the releasing parties, and thereupon the Registrar shall, on an order of the Court to be obtained upon petition in a summary way, execute the same, and the rent-charge, chief or other rent, payment, or incumbrance, or the portion thereof in respect whereof such compensation has so been paid, shall cease and be extinguished.
116. (1.) If any such lands are so released from any such charge or incumbrance, or portion thereof, to which they were subject jointly with other lands, such last-mentioned lands shall alone be charged with the whole of such charge or with the remainder thereof, as the case may be, and the party entitled to the charge shall have all the same rights and remedies over such last-mentioned lands for the whole or the remainder of the charge, as the case may be, as he had previously over the whole of the lands subject to such charge.
(2.) If, on any such charge or portion of charge being so released, the deed or instrument creating or transferring such charge is tendered to the Company for the purpose, the Company shall affix its common seal to a memorandum of such release indorsed on such deed or instrument, declaring what part of the lands originally subject to such charge has been purchased by virtue of this Ordinance, and, if the lands are released from part of such charge, what proportion of such charge has been released and how much thereof continues payable, or, if the lands so required have been released from the whole of such charge, then that the remaining lands are thenceforward to remain exclusively charged therewith.
(3.) Such memorandum shall be made and executed at the expense of the Company, and shall be evidence in the Courts and elsewhere of the facts therein stated, but not so as to exclude any other evidence of the same facts.
117.—(1.) Where part only of any lands comprised in a lease for a term of years is required for the purposes of this Ordinance, the rent payable in respect of the lands comprised in such lease shall be apportioned between the lands so required and the residue of such lands.
(2.) Such apportionment may be determined by agreement between the lessor and lessee of such lands.
(3.) If agreement cannot be reached between the lessor and lessee, the apportionment may be determined by a Judge.
(4.) After apportionment, the lessee shall be liable for the rent so apportioned to the lands taken, and the lessor shall have the same rights and remedies for recovery of the apportioned rent as he had for the whole rent.
(5.) The lessee shall not be entitled to claim any compensation for the loss of the land taken, nor shall he be released from his covenants under the lease by reason of the apportionment.
118. Every tenant shall be entitled to compensation from the Company for any damage caused to his tenancy by the taking of the lands required.
119.—(1.) No tenant shall be required to pay any rent or other sum greater than the amount apportioned to the remaining lands for the year, and if the tenant is in occupation of the remaining lands, he shall be entitled to continue in occupation on payment of the apportioned rent or other sum made to him by the Company.
(2.) The tenant may apply to the Court for a determination of the compensation payable to him.
120.—(1.) Any person who has a claim against the Company under any of the provisions of this Ordinance may serve a notice in writing on the Company, stating the nature and amount of his claim.