1970-HKRS29-8-37_Part03 — Page 30

Interpretation.

(Cap. KH15.)

(2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazette.

In this Ordinance, unless the context otherwise requires- "determined annual instalment of premium" means the sum deter- mined by the Land Officer under section 12 of the Crown Rent and Premium (Apportionment) Ordinance 1970 as the annual instalment of premium payable in respect of a relevant interest;

"determined Crown rent" means the sum determined by the Land Officer under section 12 of the Crown Rent and Premium (Apportionment) Ordinance 1970 as the Crown rent payable in respect of a relevant interest;

"former owner" in relation to a lot or relevant interest means the owner of that lot or interest immediately before the time of registration in the Land Office of a memorial of re-entry or a vesting notice, as the case may be;

“lot” means any piece or parcel of ground the subject of a Crown lease and also means a section which by virtue of subsection (3) of section 8 or subsection (2) of section 28 of the Crown Rent and Premium (Apportionment) Ordinance 1970 is deem- ed to be a lot for the purposes of that Ordinance; "owner" means—

(a) the person whose name is registered in the Land Office as that of the owner or one of the owners of the lot or relevant interest, as the case may be:

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

Land Office, and

(c) the executors, administrators assigns, and a successor

in title of an owner as defined in paragraph (a) or (b); "relevant interest" means the undivided share in the lot on which a building stands, the owner of which share, as between himself 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:

"The Colonial Treasurer Incorporated" means the corporation incorporated under that name by the Colonial Treasurer Incorporation Ordinance;

"vesting notice" means a vesting notice registered in the Land

Office under section 7.

3.

PART II.

3

EXERCISE OF RIGHT OF RE-ENTRY,

When a right of re-entry upon lands or tenements has accrued to the Crown, such right may be exercised or enforced without any actual re-entry being made on the premises.

4.

(1) Whenever it is necessary to enforce a right of re- entry by the Crown upon any lands or tenements for the breach of any covenant in the Crown lease thereof, or for the breach of any condition or stipulation of any tenancy thereof, a memorial of an instrument of re-entry, under the band of any public officer authorized by the Governor to sign such instruments, may be registered in the Land Office.

(2) Immediately on the registration of such a memorial, the Crown shall be deemed to have re-entered upon the lands or tenements described therein and in respect of which the right of re-entry has accrued, and the said lands and tenements shall thereby become re-vested in the Crown as fully as if the Crown lease thereof had determined, or, as fully as if the tenancy had determined, as the case may be.

5. Notice of the registration of a memorial of re-entry by the Crown shall be published in the Gazette.

6. The acceptance of rent by or on behalf of the Crown shall not operate as a waiver by the Crown of any right of re-entry accruing or of any forfeiture incurred by reason of either the breach of any covenant in a Crown lease or the breach of any condition or stipulation in any tenancy of land held of the Crown.

PART III.

VESTING OF RELEVANT INTEREST IN THE Colonial TREASURER INCORPORATED,

7. (1) Where--

(a) a right of re-entry upon laod accrues to the Crown in consequence of the breach of a covenant, condition or stipulation in a Crown lease or tenancy thereof

(i) by the owner of a relevant interest, or a tenant or other person occupying premises, the entitlement to exclusive possession of which is attached to the owner- ship of the relevant interest; or

(ii) in respect of a relevant interest; or

Exercise of right of re-entry by the Crown.

12 & 23 Vien

4. 31. 1. 29.

Memorial of re-entry.

Notice of

registration of memorial.

Acceptance of reat not to operate as a waiver of right

of re-entry or forfeiture.

Power to vesi relevant interest in The Colonial Treasurer Incorporated.