MONDAY, NOVEMBER 15, 1993
1
BILL TO CLEAR DOUBTS OVER SUCCESSION AND LAND TITLES
A BILL THAT SEEKS TO REMOVE DOUBTS ABOUT THE RIGHT OF SUCCESSION TO LAND IN THE NEW TERRITORIES (NT) WILL BE GAZETTED FRIDAY (NOVEMBER 191.
THIS
LAND
THE
ANNOUNCING THE PUBLICATION OF THE NEW TERRITORIES (EXEMPTION) BILL, A GOVERNMENT SPOKESMAN SAID TODAY (MONDAY) THAT BILL WOULD ALSO SERVE TO REMOVE DOUBTS ABOUT EXISTING LAND TITLES IN THE NT.
SCHEDULED FOR INTRODUCTION INTO THE LEGISLATIVE COUNCIL FOR FIRST READING ON NOVEMBER 24, THE BILL PROVIDES, AMONG OTHER THINGS, THAT ANY LAND IN THE NT, OTHER THAN RURAL LAND, SHALL, FROM THE DATE OF THE RELEVANT LAND GRANT, BE DEEMED TO HAVE ALWAYS BEEN EXEMPT THE APPLICATION OF THE NEW TERRITORIES ORDINANCE (NTO).
FROM
BILL,
EXPLAINING THE BACKGROUND LEADING TO THE GAZETTAL OF THE THE SPOKESMAN SAID THE PROVISIONS OF THE NTO APPLIED TO ALL LAND IN THE NT THAT HAS NOT BEEN EXEMPT FROM PART II OF THE ORDINANCE, WHETHER IT BE RURAL OR URBANISED, OR WHETHER THE OWNER IS AN INDIGENOUS OR NON-INDIGENOUS RESIDENT.
ALMOST ALL PROPERTIES IN THE N'T, INCLUDING PRIVATE DEVELOPMENTS, HOME OWNERSHIP SCHEME AND PRIVATE SECTOR PARTICIPATION SCHEME DEVELOPMENTS IN THE NEW TOWNS AS WELL AS COMMERCIAL AND INDUSTRIAL DEVELOPMENTS, ARE SUBJECT TO THE NTO AND MAY THEREFORE BE SUBJECT TO CHINESE CUSTOMARY LAW FOR THE PURPOSE OF SUCCESSION.
THE SPOKESMAN POINTED OUT THAT PEOPLE WHO HAD BOUGHT PROPERTIES SUBJECT TO PART II OF THE NTO WERE GENERALLY NOT AWARE THAT CHINESE CUSTOMARY DAW MAY APPLY TO THEIR PROPERTIES FOR THE PURPOSE OF SUCCESS TON.
"FOR SOME TIME NOW, THE ADMINISTRATION HAS BEEN ACTIVELY PURSUING MEASURES TO TACKLE THE POTENTIAL PROBLEMS FACED BY NT PROPERTY OWNERS.
A
"AS
FIRST STEP, WITH EFFECT FROM JUNE 25, 1993, ADMINISTRATIVE MEASURES HAVE BEEN TAKEN TO EXEMPT ALL FUTURE GRANTS OF LAND IN THE NT FROM THE APPLICATION OF THE NTO, EXCEPT FOR GRANTS TO INDIGENOUS VILLAGERS UNDER THE SMALL HOUSE POLICY OR TO CUSTOMARY BODIES ESTABLISHED BY CLANS AND FAMILIES IN THE NT, BY THE INCLUSION OF A GENERAL CONDITION TO THAT EFFECT IN THE GRANTS CONCERNED, HE SAID.
THE SPOKESMAN POINTED OUT THAT WHILE THE ABOVE MEASURES ELIMINATED THE PROBLEM FOR LAND GRANTED AFTER JUNE 25, 1993, THERE WAS NO PROVISION UNDER EXISTING LEGISLATION FOR GOVERNMENT ΤΟ USE ADMINISTRATIVE MEANS TO EXEMPT LAND ALREADY GRANTED BEFORE THAT DATE AND NOW HELD IN UNDIVIDED SRARES BY INDIVIDUAL OWNERS, UNLESS ALL OF THEM JOIN TOGETHER TO APPLY.
TO BE OWNERS
"BY DEENING ALL NON-RURAL LAND IN THE NT TO HAVE ALWAYS BEEN EXEMPT FROM THE APPLICATION OF THE NTO UNDER THIS SHORT BILL GAZETTED, THE POTENTIAL PROBLEMS FACED BY THOSE NT PROPERTY REGARDING SUCCESSION RIGHTS CAN THUS BE OVERCOME, HE ADDED.
+
/EXPLAINING THE