1970-HKRS29-8-37_Part03 — Page 32

Powers of Supreme Court. in respect of application for reliet.

Cancellation

of memorial of re-entry.

Cancellation of vesting notice.

(2) The Governor in Council, upon considering a petition referred to him under subsection (1), may-

(a) order the cancellation of the memorial of re-entry so far as it affects the lands and tenements in respect of which the petition was made or the cancellation of the vesting notice so far as it affects the relevant interest in respect of which the petition was made, upon such terms as to costs, expenses, damages, compensation, penalty or other- wise as he shall in his discretion think fit; or

(b) dismiss the petition.

10. On the hearing of an application to the Supreme Court under section 8, the Court may exercise the same powers and make the same decree or order as in an action between private parties for the same relief and may order the cancellation of the memorial of re-entry so far as it affects the lands and tenements in respect of which the application was made or the cancellation of the vesting notice so far as it affects the relevant interest in respect of which the application was made.

11. (1) A memorial of re-entry by the Crown shall be taken to be cancelled in respect of the whole or part of the lands and tenements affected by it if a memorandum to the effect that the memorial is cancelled in respect of the whole or part of such lands and tenements by order of the Governor or Governor in Council or of the Supreme Court, as the case may be, is written on the memorial and signed by the Land Officer.

(2) Immediately on cancellation in accordance with subsec- tion (1), a memorial of re-entry, so far as it affects the lands and tenements specified in the memorandum, shall become void to all intents and purposes as if it had never been registered, and the lands and tenements described in the memorandum shall be ipso facto revested in the former owner for all his previous estate or interest therein; and the Crown lease thereof, and every mortgage, charge, lien or other right or obligation previously existing in relation thereto shall be deemed to be as valid and subsisting in every respect as if no re-entry had been effected by the Crown.

(3) Notice of the cancellation of a memorial under subsec- tion (1) shall, within 30 days thereof, be served upon the former owner by the Land Officer and be published in the Gazette.

12. (1) A vesting notice shall be taken to be cancelled in respect of the whole or part of the relevant interest affected by such notice if a memorandum to the effect that the vesting notice is cancelled in respect of the whole or part of such relevant interest

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by order of the Governor or Governor in Council or of the Supreme Court, as the case may be, is written on the memorial of the vesting notice and signed by the Land Officer.

(2) Immediately on cancellation in accordance with sub- section (1), a vesting notice so far as it affects the relevant interest specified in the memorandum shall become void to all intents and purposes as if the same had never been made or registered and the relevant interest and the rights and obligations specified in the memorandum shall be revested ipso facro in the former owner for all his previous estate or interest therein; and every mortgage. charge, lien or other right or obligation previously existing in relation thereto shall be deemed to be as valid and subsisting in every respect as if no vesting notice had been registered at the Land Office.

(3) Notice of the cancellation of a vesting notice under sub- section (1) shall, within 30 days thereof, be served upon the former owner by the Land Officer and be published in the Gazette.

PART V.

MISCELLANEOUS.

13. For the purposes of this Ordinance, service of any notice Service. may be effected-

(a) personally; or

(b) by registered post; or

(c) in the case of a notice under subsection (3) of section 7

or subsection (3) of section 12-

(i) by leaving the notice with an adult person who appears to be an occupier of the premises the entitlement to the exclusive possession of which is attached to the relevant interest affected by the notice; or

(i) by posting the notice upon a conspicuous part of such premises.

14. Nothing in this Ordinance shall be construed so as to take away or affect any other remedies of the Crown for the enforcement of rights of re-entry upon any lands or buildings.

15. (1) The Crown Rights (Re-entry) Ordinance is repealed.

(2) Notwithstanding the repeal by subsection (1) of the Crown Rights (Re-entry) Ordinance, that Ordinance, in this subsection

Ordinance not

in derogation of other remedies.

Repeal and saving