1970-HKRS29-8-37_Part03 — Page 24

Authenticated Laws 確真本香港法例 All

Apportionment of premium on section.

Effect of apportionment on section.

(6) in accordance with any apportionment of the principal Crown rent made in an instrument which is registered in the Land Office; or

(c) if there is no such apportionment as is referred to in paragraph (4) or (b), so that it bears the same proportion to the principal Crown rent as the area of the section bears to the area of the lot.

(2) The Land Officer shall add to the Crown rent determined in accordance with subsection (1)—

(4) such sum as may be necessary to make the same an even

number of dollars; and

(8) a further sum of two dollars,

and the determined Crown rent payable in respect of the section shall be the sum so ascertained.

7 (1) If the Land Officer decides in accordance with section 5 to determine the annual instalment of premium payable in respect of a section, then, subject to subsection (2), the annual instalment of premium 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 annual instalment of the principal premium made in an instru- ment which is registered in the Land Office; or

(6) if there is no such apportionment as is referred to lo paragraph (4), so that it bears the same proportion to the annual instalment of the principal premium as the area of the section bears to the area of the lot.

(2) The Land Officer shall add to the annual instalment of premium determined in accordance with subsection (1)–

(a) such sum as may be necessary to make the same an even

number of dollars; and

(b) a further sum of ten dollars.

and the determined annual instalment of premium payable in respect of the section shall be the sum so ascertained.

8. (1) With effect from the publication in the Gazette of notice under subsection (1) of section 22, the owner of the section shall hold the same as if there had been granted to him a separate

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Crown lease of the section for the residue of the term of years created by the Crown lease of the lot, containing, so far as they are applicable thereto, the covenants (other than the covenants to pay the Crown rent and the premium, if any), stipulations, excep- tions, reservations, provisos, powers and conditions contained in the said Crown lease of the lot.

(2) There shall be deemed to be included in such separate Crown lease of the section-

(a) a covenant to pay the determined Crown rent to the Crown as from the day up to which the principal Crown rent has been paid; and

(b) a covenant to pay the determined annual instalment of premium, if any, to the Crown as from the day when the last annual instalment of the principal premium which has been paid became duc.

(3) A section which is by virtue of subsection (1) held as if a separate Crown lease thereof had been granted shall be deemed to be a lot for the purposes of this Ordinance.

(4) Nothing in this section shall affect any right or liability acquired or incurred by the Crown or the owner of the section under the Crown lease of the lot prior to the publication in the Gazette of notice under subsection (1) of section 22, save that as from the day referred to in paragraph (a) or (b) of subsection (2), as the case may be, any such liability of the owner of the section to pay the principal Crown rent or the principal premium, if any. to the Crown shall determine.

9. Save in so far as the same is necessarily affected by the fact that a section is by virtue of section 8 held as if the separate Crown lease referred to in that section had been granted and save as otherwise provided in this Ordinance, the Crown lease of the lot shall continue in full force and effect in respect of any part of the lot which continues to be held thereunder.

10. (1) For the purpose of determining the area of any lot or section, the Land Officer may accept any statement as to such arça contained in a Crown lease or other instrument which is regis- tered in the Land Office or in any plan annexed to or endorsed on any such Crown lease or instrument.

(2) If the Land Officer considers that the area of a lot or section which requires to be ascertained for the purpose of deter-

Saving of Crown lease of lol

Area of lot or section.

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