1970-HKRS28-8-37_Part03 — Page 27

Objection to exercise of Land Officer's powers under Section 12.

Land Officer to have regard to objections.

Appeal in certain cases where Land Officer decides not to exercise powers.

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19. (1) The owner of any relevant interest specified in the notice published in the Gazette under section 18 may object that the Land Officer ought not to exercise his powers under section 12.

(2) An objection under subsection (1)—

(a) shall be in writing and shall be lodged at the Land Office within three months after the notice was published in the Gazette under section 18; and

(6) shall contain particulars of the grounds on which the

objection is made.

(3) The owners of not less than seventy-five per cent of the aggregate of the relevant interests specified in the notice published in the Gazette under section 18 may object that the Land Officer ought not to exercise his powers under paragraph (6) of subsection (1) of section 13 or paragraph (b) of subsection (1) of section 14. (4) An objection under subsection (3) shall be in writing and shall be lodged at the Land Office within three months after the notice was published in the Gazette under section 18.

20. (1) In deciding whether or not to exercise bis powers under section 12, the Land Officer shall have regard to any relevant objection made under subsection (1) of section 19.

(2) Where an objection has been made under subsection (3) of section 19, the Land Officer shall not, except in the manner provided by paragraph (a) of subsection (1) of section 13 or para- graph (a) of subsection (1) of section 14, exercise his powers under section 12 until after the expiration of six months from the day of publication of the notice in the Gazette under section 18.

21. (1) Where the Land Officer decides not to exercise his powers under section 5 or 12 following an application by the owner of a section or relevant interest, he shall give by post to the applicant notice of the ground on which he decided not to exercise those powers.

(2) Where the Land Officer decides not to exercise his powers under section 12 after notice has been published in the Gazette under section 18, he shall cause to be published in the Gazette and affixed in a conspicuous position in or on the building notice of the ground on which he decided not to exercise those powers. (3) Within three months after the giving of notice under sub- section (1), the applicant may appeal by way of petition to the Governor in Council.

(4) Within three months after the publication in the Gazette of notice under subsection (2), the owner of any relevant interest may appeal by way of petition to the Governor in Council.

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22. (1) Where, under section 5, the Land Officer has deter- mined the Crown rent, and the annual instalment of premium if any, payable in respect of a section, he shall-

(a) cause notice of the determined Crown rent, and deter- mined annual instalment of premium if any, to be pub- lished in the Gazette; and

(b) cause particulars of the determined Crown rent, and determined anocal instalment of premium if any, to be noted in the Land Office records against the section. (2) Where, under section 12, the Land Officer has determined. the Crown rent, and the annual instalment of premium if any. payable in respect of a relevant interest, he shall—

(a) cause notice of the determined Crown rent, and the determined annual instalment of premium if any, to be published in the Gazette: and

(b) cause particulars of the determined Crown rent, and the determined annual instalment of premium if any, to be noted in the Land Office records against the relevant interest.

PART V.

MISCELLANEOUS,

23. (1) Where the building is wholly or partly demolished or destroyed, the Land Officer may, if he thinks fit, cancel any determination under section 12 of the Crown reat, and the annual instalment of premium if any, payable in respect of a relevant interest.

(2) The Land Officer shall cause notice of the cancellation of any such determination to be published in the Gazette.

(3) With effect from the publication in the Gazette of notice under subsection (2), the Crown rent, and the premium if any. payable in respect of the lot shall be paid-

(a) in the case of a lot, other than a section which by virtue of subsection (3) of section 8 or subsection (2) of section 28 is deemed to be a lot, in accordance with the Crown lease of the lot; and

(b) in the case of a section which by virtue of subsection (3) of section 8 or subsection (2) of section 28 is deemed to be a lot, in accordance with the covenant for the payment thereof deemed by virtue of subsection (2) of section 8 of this Ordinance or subsection (1) of section 9 of the

Notice of determined Crawn rent and deler. mined annual instalment of

premiun.

Cancellation of apportionment where divided building demolished or destroyed,