1970-HKRS29-8-37_Part03 — Page 25

Cases in which Crown rent or premium to be treated as apportioned

in registered instrument.

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mining the Crown rent payable in respect of a section is uncertain, he may require the Director of Public Works to have such lot or section surveyed.

(3) A certificate-

(a) purporting to be signed by the Superintendent of Crown Lands and Survey or a public officer authorized by him for the purposes of this section; and

(6) specifying the area of a lot or section ascertained by a

survey pursuant to a requirement under subsection (2). shall be conclusive evidence for the purposes of this Ordinance of the area of the lot or section.

PART III.

APPORTIONMENT ON RELEVANT INTERESTS.

11. For the purposes of this Part-

(a)

the principal Crown rent shall be treated as apportioned in an instrument which is registered in the Land Office only it--

(1) a sum is specified in such instrument as the share of the principal Crown rent which is payable in respect of the relevant interest: or

(ii) the share of the principal Crown rent which is pay- able in respect of the relevant interest is expressed in such instrument to be a specified fraction of the principal Crown rent or such share is otherwise ascertainable from the terms of such instrument; and

(b) the annual instalment of the principal premium shall be treated as apportioned in an instrument which is registered in the Land Office only if

(1) a sum is specified in such instrument as the share of the annual instalment of the principal premium which is payable in respect of the relevant interest; or

(ii) the share of the annual instalment of the principal premium which is payable in respect of the relevant interest is expressed in such instrument to be a specified fraction of the annual instalment of the principal premium or such share is otherwise ascertainable from the terms of such instrument.

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

(a) the Crown rent payable in respect of a relevant interest; (5) where the principal premium is payable by instalments, the annual instalment of that premium payable in respect of a relevant interest.

13 (1) If the Land Officer decides in accordance with section 12 to determine the Crown rent payable in respect of a relevant interest, then, subject to subsection (2), the Crown rent payable in respect of that relevant interest 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 made in an instrument which is registered in the Land Office: or

(b) if there is no such apportionment as is referred to in paragraph (c), so that it bears the same proportion to the principal Crown rent as the relevant interest bears to the aggregate of the relevant interests.

(2) The Land Officer shall add to the Crown rent 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 two dollars,

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

14. (1) If the Land Officer decides in accordance with section 12 to determine the annual instalment of premium payable in respect of a relevant interest, then, subject to subsection (2), the annual instalment of premium payable in respect of that relevant interest 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

(b) if there is no such apportionment as is referred to in paragraph (a), so that it bears the same proportion to the agoval instalment of the principal premium as the relevant interest bears to the aggregate of the relevant interests,

Power to

apportion og relevadı interest,

Apportionment

of Crown cent on relevant intereat.

Apportionment of premium on relevan

interest.