CAP. 150]
New Territories Leases (Extension)
[1988 Ed.
(4) This section does not apply to leases to which section 9 applies. (5) In this section, "land leased" includes an undivided share in the land leased.
(6) Subject to this Ordinance, the Rating Ordinance shall apply to the assessment of rateable values under this Ordinance.
New rent of rural holdings
9. (1) During the period of the extension under section 6 of a lease to which this section applies, the annual rent shall be the annual rent payable immediately before the period of extension.
(2) (a) Subject to paragraphs (b), (c) and (d), this section applies to a lease of an old schedule lot, village lot, small house or similar rural holding, which-
(i) on 30 June 1984 was held by an indigenous villager, or by a tso or t'ong recognized as such under Chinese custom all of the members of which were on that date indigenous villagers; or
(ii) in the case of a small house granted after 30 June 1984, is granted to an indigenous villager.
(b) This section shall not apply, or shall cease to apply, to a lease if at any time the whole of the land that is the subject of the lease is conveyed to a person who is not a lawful successor, in the male line, to the indigenous villager holding the lease on 30 June 1984 or, in the case of a small house granted after that date, holding the lease on the date of that grant; and shall continue to be inapplicable whether or not that land is thereafter conveyed to a person who is such a successor.
(c) This section shall not apply, or shall cease to apply, to an interest in a lease at any time after that interest is conveyed to a person who is not a lawful successor, in the male line, to the indigenous villager holding the lease or interest on 30 June 1984 or, in the case of a small house granted after that date, holding the lease on the date of that grant; and shall continue to be inapplicable whether or not that interest is thereafter conveyed to a person who is such a successor.
(d) This section shall not apply, or shall cease to apply, to a lease held by any tso or t'ong whose membership at any time does not consist entirely of indigenous villagers; and shall continue to be inapplicable notwithstanding any further changes in the membership of the tso or t'ong or any conveyance of the lease, or any interest in the lease, to any other person.
(3) In this section-
“established village” means a village established under a block lease granted by, or on behalf of, the Governor;
"indigenous villager" means a person who was in 1898 a resident of an established village in the New Territories or is descended through the male line from such a person;
"lawful successor" includes a lawful successor according to Chinese customary law in operation in the New Territories;