1969-HKRS29-8-36_Part01 — Page 35

Application.

(Cap. 97)

New Crown leases deemed to be granted on 1st July 1973.

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"section" means any portion of a lot which has been-

(a) assigned or alienated for the whole of the term created

by the existing Crown lease of the lot; or

(6) declared to have been divided or severed from the

remainder of the lot,

by or under an instrument which is registered in a District Land Office and also means any portion of a lot retained following such assignment or alienation.

3. This Ordinance applies to every Crown lease existing immediately before the expiration of the 30th day of June 1973 under which land in the New Territories is demised for a term of seventy-five years from the 1st day of July 1898 and which con- tains a right of renewal for a further term of twenty-four years less three days, other than leases of land exempted from Part II of the New Territories Ordinance under subsection (2) or (3) of section 7 thereof.

4. (1) In the case of an existing Crown lease of a lot which has not been divided into sections before the 1st day of July 1973, the right of renewal contained in the lease shall be deemed to have been exercised by the person entitled to that right and on that date there shall be deemed to be granted to such person a new Crown lease of the land held by him immediately before that date under the existing Crown tease.

(2) In the case of an existing Crown lease of a lot which has been divided into sections before the 1st day of July 1973, the right of renewal contained in the lease shall be deemed to have been exercised by the persons entitled to that right and on that date there shall be deemed to be granted to such persons separate new Crown leases of the land respectively held by them imme- diately before that date under the existing Crown lease.

(3) Every new Crown lease shall be deemed to be for a term of twenty-four years less three days from the 1st day of July 1973, and shall be deemed to contaio-

(a) where the new Crown lease is deemed to be granted under subsection (1), a reservation of the same annual Crown rent as was payable for the year ending on the 30th day of June 1973 in respect of the land to which the new Crown lease relates:

(6) where the new Crown lease is deemed to be granted under subsection (2), a reservation of the same annual Crown rent as may appear from the Crown Rent Roll in the appropriate District Office to have been payable for the

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year ending on the 30th day of June 1973 in respect of the land to which the new Crown lease relates;

(c) a covenant by the lessee to pay in the same manner and on the same days as are specified in the existing Crown lease whichever of the annual Crown rents referred to in paragraphs (4) and (6) is applicable;

(d) the same covenants, exceptions, reservations, stipula- tions, provisos and declarations (including the right of re-catry) mulatis mutandis as are contained in the exist- ing Crown lease of the land to which the new Crown lease relates other than-

() the covenant to pay the Crown rent; and (ii) the provision (if any) for fixing a new Crown rent at the expiration of the first ten years of the term; and (iii) the right of renewal on the expiration of the

term:

(e) a covenant by the lessee to perform, observe and comply with the covenants, exceptions, reservations, stipulations, provisos and declarations deemed to be contained in the new Crown lease by virtue of paragraph (d).

(4) Every new Crown lease and the land thereby deemed to be demised shall be deemed to be subject to such of the following encumbrances and interests as the land and the existing Crown lease relating thereto were subject to immediately before the 1st day of July 1973–

(a) any mortgage. whether legal or equitable, and whether

registered in a District Land Office or not;

(6) any public rights; and

(c) any other rights, easements, tenancies or other burdens or encumbrances of whatsoever kind or nature, except such as were created by an instrument and were not thereby expressed to continue after the 30th day of June 1973.

5. (1) Nothing in this Ordinance shall be construed as a waiver by the Crown of any of its rights in respect of any breach of covenant in any existing Crown lease.

(2) Any breach of covenant existing immediately before the 1st day of July 1973 in respect of an existing Crown lease shall be deemed to be a breach of covenant in respect of the new Crown lease and the Crown may exercise its rights (including the right of

Saving of Crown rights.