Campenis- tion for possession of new building.
substituted for the definitions contained in the Landlord and Tenant Ordinance, 1947, and that for such purposes standard rent together with permitted increases shall be ascertained accordingly.
(6) Nothing, herein contained shall confer any jurisdic- tion upon a Tenancy Tribunal and whenever it becomes neces- sary for the purposes of these regulations or of the principal regulations to ascertain any standard rent or any permitted increase or generally to determine the compensation payable by virtue of these regulations and the principal regulations the same shall in default of agreement be determined by a tribunal appointed under regulation y of the principal regulations.
4. In any case in which possession of a new building has been taken in exercise of emergency powers alter the designated date regulation 4 of the principal regulations shall apply with the following modifications-
(a) The following proviso shall apply in lieu of the proviso at the end of paragraph (1)—
**Provided that-
() in computing for the purposes of sub-paragraph (a) of this paragraph the rent which might reasonably be expected to be payable in respect of any new building no account shall be taken of any appreciation of values after the designated date and if such rent would but for this provision exceed the rent which might reasonably have been expected to be payable at the designated date there shall be payable only a sum equal to the rent which might reasonably have been expected to the payable at the designated date irrespective of whether or not the new building was constructed or com- pleted after such date; and
(ii) there shall not, by virtue of sub-paragraph (b) of this paragraph, be payable in respect of damage to any land a sum greater than the value of the land at the time when possession thereof was taken in the exercise of emergency powers, no account being taken of any appreciation in the value thereof after the designated date.";
(b) Paragraphs (6) and (7) shall be deemed to have been repealed and replaced by the following-
"(6) Notwithstanding anything contained in these regulations if the annual rate of any payment to be made under paragraph (2) would exceed the rateable value at the
5
time payment should be made of the land in respect of which it is payable it shall be reduced by such amount as is required to make the annual rate equal to the rateable value."
5. Regulation 4 of the principal regulations is hereby Amendment amended by the deletion of all the words in paragraph (2) follow-
tion 4 ing the word "months" and the substitution therefor of the of the following-
of reguls.
"For the purposes of any enactment relating to property tax any compensation under sub-paragraph (a) of paragraph (1) shall be deemed to be rent payable for the land, the Crown shall be deemed to pay it as tenant occupier and the person receiving it shall be deemed to receive it as landlord,”
6.
www
principal regulations.
The principal regulations are hereby amended by the Addition
of new addition of the following regulation after regulation
regulation 94 to the
concerning
Hia
"Provision 9A. (1) Without prejudice to the provisions of principal for disputes *regulation 3 it shall be lawful for the Deputy Colonial regulations, depart- Secretary in any particular case by writing under his meuts of hand to certify that the question whether compensation Majesty's is payable under these regulations as modified by the Govern- Compensation (Defence) Modification Regulations, United 1950, or as to the amount of any such compensation Kingdow. is of concern to such department of His Majesty's Government in the United Kingdom as he shall specify.
ment in the
(2) In any case in which a certificate as aforesaid has been given the specified department of His Majesty's Government shall be entitled to dispute the question as to whether any and if so, what compen- sation shall be payable and shall be a proper party to any dispute under regulation 9 and to any proceedings connected therewith."
Passed the Legislative Council of Hong Kong, this 12th day of July, 1950.
Clerk of Councils.
No comments yet.
Private notes are available after approval.