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8
END
to arrears of rent where the plaintiff's title is disputed
bona fide except in those cases where he would have jurisdiction
if the proceedings relating to the land itself as distinguished
from the rent. This point is dealt with in paragraph (c) of the
new proviso. This proviso gives the Land Officer jurisdiction
over the special limits if the parties consent. This is merely
a continuation of the present provision.
6.
The new proviso is inserted immediately after the first
sentence of section 20 of the principal Ordinance because it is
really a proviso to that sentence and not a proviso to the sentence
which gives the Land Officer power to enforce Chinese
customs.
7. The doubt referred to in paragraph 2 above arises also in
section 24 of the principal Ordinance. Accordingly, that
section is repealed by section 4 of this Ordinance, and a new
section is inserted which is intended simply to make the
jurisdiction of the Land Officer and that of the Supreme Court
mutually exclusive, except the right of the Supreme Court to
issue distraints for rent in New Kowloon, as provided in
Ordinance No. 8 of 1928.
8.
Section 5 of this Ordinance makes the provisions of the
Ordinance retrospective. It is only a question of procedure
and not of substantive rights.
9. In my opinion this is an Ordinance to which His Excellency
the Governor may properly assent in the name of His Majesty
and on His behalf.
счаст
Attorney General.
age
Daco 9
age 8
P
P
@o 127/521