1973-HKRS28-16-21_Part05 — Page 11

(Cap. 87)

New Crown leases subject to encum- brances and interests.

Crown lease plac.

10

(2) Whenever any person makes default in payment of any sum demanded under section 13 the same may be recovered by action in the District Court notwithstanding that the amount is in excess of the sum of twenty thousand dollars.

(3) In any proceedings under this section for the recovery of any sum demanded under section 13 the production of a cer- tificate signed by the Director stating the name and last known postal address of the person who is liable to pay the same and particulars of the amount due shall be sufficient evidence of such amount and sufficient authority for the District Court to give judgment therefor.

(4) In any proceedings in the District Court under this section the Director may appear in person or may be represented either by a legal officer within the meaning of the Legal Officers Ordin- ance or by any other person authorized by him in writing.

PART III

MISCELLANEOUS

15. Every new Crown lease and the land thereby deemed to be demised shall be deemed to be subject to such of the follow- ing encumbrances and interests as the land and the renewable Crown leate relating thereto were subject to immediately before the expiration of the renewable Crown lease-

(a) any mortgage or charge, whether legal or equitable, and

whether registered in the Land Office or not:

(b) any public rights;

(c) any other rights, casements, tenancies or other burdens of whatsoever kind or nature, except such as were created by an instrument and were not thereby expressed to continue after the date of expiration of the renewable Crown lease.

16. (1) If a plan of a lot held under a renewable Crown lease is not annexed to the counterpan of the Crown lease kept in the Land Office, or if the plan annexed thereto is, in the opinion of the Director, inaccurate or inadequate to establish the location, position, or dimensions of the lot. the Director may cause the lot to be surveyed and a plan thereof prepared.

(2) If a plan of a section of a lot held under a renewable Crown lease is not registered in the Land Office, or if the plan so registered is, in the opinion of the Director, inaccurate or inade- quate to establish the location, position, or dimensions of the

section, the Director may cause the section to be surveyed and a plan thereof prepared.

17. Upon completion under section 16 of the plan of a lot or section the Director shall cause a notice to be published declar- ing-

(a) that the plan has been prepared and is available for

inspection by the public;

(b) the place and times at which the plan may be 50

inspected; and

(c) that any person claiming to have an interest in any land comprised in the plan and who considers that the plan is incorrect in any manner prejudicial to such interest may, within sixty days after the date of the publication of the notice in the Gazette, serve upon the Director an application in writing. specifying the nature of such interest and the manner in which such person considera the plan to be incorrect and sufficient indication of the grounds for such consideration and requesting that the plan be corrected accordingly.

18. (1) Upon the expiration of the period specified under section 17. the Director shall consider such applications as may have been received by him pursuant to that section.

(2) After consideration of such applications, or where no such applications are received by him, the Director may allow the plan to stand unamended or amend it in such manner as he thinks ôt, and thereafter shall cause a notice to be published approving the plan, either in the same form as that in which it was made available to the public under section 17, or as amended in accordance with this subsection and specifying the manner in which the same has been amended.

19. (1) Any person claiming to have an interest in any land comprised in the plan as approved under section 18(2) and who considers that the plan is incorrect in any manner prejudicial to such interest may, within thirty days after the publication under that section of the notice in the Gazette, apply to the District Court for an order directing the Director to amend the plan in the manner specified in the application or in such other manner as the Court may think just.

(2) Notwithstanding anything contained in the Crown Pro- ceedings Ordinance, the Director shall be named as defendant in any application made under subsection (I), and the Court may. of its own motion or on application made to it, in addition cause to be joined as co-defendant any person who it appears may be

Completed plans to be open for inspection and method of objection thereto.

Approval of plan by Director.

Application to District Cour for amendment.

(CAP. 2001.)