No. 47 or 1902.
The New Territories Titles Ordinance, 1902,
0.
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LS
HENRY A. BLAKE,
Governor.
233
31 JAN 05'
[20th December, 1902,]
WHEREAS it is expedient to declare the law relating to rights in enstomary land in the New Territories and to make provision for the trausfer of the right of use and ocenpancy in customary lands in the New Territories and for the registration of mutations in titles thereto :
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:--
1. This Ordinance may be cited as the New Territories Short title. Titles Ordinance, 1902, and shall apply only to the New Application Territories and to land therein.
of Ordi-
nance.
2. In this Ordinance, unless the context otherwire re- Definitions. quires --
(a) Customary land" means land as to which a claim has been allowed by the Land Court constituted under Ordinance 18 of 1900 or land expressly granted to be held from the Crown 'noder locul customary temire: but shall not include land as to which a Crown Lease has been issued.
(b) A "Customary Mortgage moans a mortgage re- deemable at any time by the mortgagor on repayment of the loan-the rents and profits of the estate being received in the meantime by the mortgagee in satie- faction of the interest without account.
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(r.) Customary Land-holder means any claimant whose claim to land has been allowed by the Land Court constituted under Ordinance 18 of 1900 and every person to whom land is expressly granted to be held from the Crown ander local customary remure and includes any person deriving title by transfer or transmission from such claimant or grantee from the Crown but shall not be deemed to include any person who shall have surrendered his rights to the Crown under section 22 of this Ordi- nance, nor any person deriving title through such
(it.)
person.
"Titles Register" means the Register kept munder the provisions of this Ordinance.
(e) "Transfer" used in connection with land or any interest therein means the passing of such land or interest by the act of the parties ; but does not include mortgage.
(A) The Titles Office" means the branch of the
Land Office established for the New Territory.
(.) The "Registrar" means the Registrar of Titles appointed for the purpose of carrying into effect the provisions of this Ordinance.
(.) "Transmission" used in connection with land or any interest therein means the passing of such land or interest by the operation of law.
(4) "Land" includes buildings thereon and also land covered with water or within the flow of the sea.
(j.) New Territories" means the additional territories acquired by this Colony under the Convention dated the 9th day of June, 1898, between Her late Majesty Queen Victoria and His Majesty the Emperor of China for the enlargement of the limits of this Colony, but does not include that portion of the Territories which is defined as New Kowloon by Ordinance 30 of 1900.
25-29.12.02.
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