Amendment of
peccion 13.
096 of 1978)
(3) (a) Where after the commencement of the Crown Leases (Amendment) Ordinance 1978 or the relevant day, whichever is the later, an interim valuation is made by the Commissioner under the Rating Ordin- ance of any tenement comprised wholly or partly in a lot or section held under a new Crown lease consequent upon the redevelopment of the lot or section, then with effect from the first day of the month following that in which the interim valuation becomes effective under the Rating Ordinance or the relevant day, whichever is the later, and notwith- standing subsection (2), the rateable value of the lot or section for the purposes of this section is the aggregate of-
(i) the rateable value of the lot or section as last ascertained under this section; and
(ii) the interim valuation,
less that portion, if any, of the rateable value under sub-paragraph (1) attributable to a tenement or part of a tenement included in or replaced by the tone- ment to which the interim valustion relates;
Provided that this aubsection shall not apply to any lot or section if ils effect would be to reduce the rateable value of thal lot or section to less than it would have been had the interim valuation nat been made.
(b) For the purposes of paragraph (a) “redevelopment" in relation to a lot or section means the construction wholly or partly on the lat or section of a new building.
ງ ່
(A) For the purposes of subsections (2) and (3) a tenement shall be deemed to be comprised partly in a lot or section if the building in which it is contained stands partly on the lot or section; and where a tenement is so deemed to be comprised partly in a lot or section, there shall be included for the purpose of determining the rate- able value of the lot or section only that proportion of the Taleable value in the list declared under Section 13 of the Rating Ordinance or the interim valuation of the tenement as the area of the lat or section bears to the area of all the lots or sections on which the building stands.”; and
(c) in subsection (7) by deleting “forming" and substituting the
following-
"comprising".
$
3. Section 13 of the principal Ordinance is amended-
(a) in subsection (1) by deleting "of which land held under a new
Crown lease forms part" and substituting the following--
"comprised in land held under a new Crown lease";
(6) by deleting subsections (3) and (4) and substituting the following- "43) Where under this section any sum is paid by a person who is not an owner of the lenement in respect of which the sum is paid under subsection (2), then the sum so paid shall be a debt due to that person from the owner of the tenement and shall be recoverable as such from any rent or other moneys for the time being due by that person to the owner.
3
(4) In this section "owner" in relation to a tenement means the person whose name is registered in the Land Office as that of the owner of the tenement or of any un- divided share therein, and any person deriving title from such person by virtue of an underletting or otherwise.".
Passed by the Hong Kong Legislative Council this 5th day of July, 1978,
Pla
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the suid bill.
Clerk to the Legislative Council.