1970-HKRS28-8-37_Part03 — Page 23

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"determined annual instalment of premium" means the sum deter- mined by the Land Officer under section 5 or 12 as the annual instalment of premium payable in respect of a section or a relevant interest;

"lot" means-

(a) any piece or parcel of ground the subject of a Crown

lease: and

(b) a section which, by virtue of subsection (3) of section 8

or subsection (2) of section 28, is deemed to be a lot:

"owner", in relation to a section or a relevant interest, means→→

(a) the person whose name is registered in the Land Office as that of the owner or one of the owners of the section

TU or relevant interest; and

(b) a mortgagee under a mortgage which is registered in the

Land Office:

“premium” means any sum, other than Crown rent, required to be paid to the Crown as a condition or in consideration of

(a) the grant, renewal or continuance of a Crown lease:

(b) consent to the assignment of a Crown lease or of any

rights under a Crown lease; or

(c) the extension or variation of a Crown lease:

"principal Crown rent" means the Crown rent payable in respect

of a lot;

"principal premium" means the premium payable in respect of a

lot:

"relevant interest" means the undivided share in the lot on which a building stands, the owner of which share, as between him- self and the owners of the other undivided shares in that lot, is entitled under the terms of an instrument registered in the Land Office to exclusive possession of premises in that building:

"section" means any portion or division of a lot, which portion or division has been assigned, alienated or retained for the whole

of the term or interest created by the Crown lease of the lot by or under an instrument which is registered in the Land Office.

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3. (1) This Ordinance does not apply to land in the New Territories unless the land-

(4) has been exempted from Part II of the New Territories

Ordinance under section 7 thereof; or

(6) is declared to be subject to this Ordinance by the

Governor by notice in the Gazette,

(2) A notice under paragraph (b) of subsection (1) may specify the date from which the land shall be subject to this Ordinance.

4. (1) The Governor may give to the Land Officer and any public officer such directions as he thinks fit with respect to the exercise or performance of their powers, functions and duties under this Ordinance, either generally or in any particular case,

(2) The Land Officer and every public officer shall, in the exercise or performance of his powers, functions and duties under this Ordinance, comply with any directions given by the Governor under subsection (1).

PART II.

APPORTIONMENT ON SECTIONS.

5. Subject to any directions given by the Governor under section 4, the Land Officer may, if he thinks ft, either of his own motion or on the application of the owner, determine in accordance with this Ordinance-

(a) the Crown rent payable in respect of a section; and

(b) where the principal premium is payable by instalments, the annual instalment of that premium payable in respect of a section.

6. (1) If the Land Officer decides in accordance with section 5 to determine the Crown rent payable in respect of a section, then, subject to subsection (2), the Crown rent payable in respect of that section shall be determined by the Land Officer in the following manner, that is to say-

(a) in accordance with any apportionment of the principal

Crown rent appearing in the Crown Rent Roll; or

Application,

(CA. 17)

Power of Governor to give directions to Land Officer.

Power to apportion on section.

Apportionment of Crown rent.