CO129-508-11 Copies of Ordinances and amendments with relating correspondence 17-12-1927 - 17-7-1928 — Page 17

3.

17

Section 24 of the New Territories Regulation

Ordinance, 1910, provides that except by way of appeal no

proceeding relating to land in the New Territories shall

be commenced in the Supreme Court unless the Crown is a

party, or unless the Land Officer shall certify that the

capital value thereof exceeds $500. There is one exception

to this provision, i.e., when the land in question has been exempted from the Ordinance under section 13 (2). It would

appear that the issue of a distress warrant is a proceeding

relating to land, within the meaning of the above Ordinance,

and that the issue of a distress warrant is a proceeding

in the Supreme Court. It would therefore appear to be

impossible to issue a distress warrant for any part of the

New Territories except in cases falling under 13 (2),

under the exceptions in section 24 of the New Territories

Regulation Ordinance. This is inconvenient in the case of

New Kowloon, where in many cases the conditions are more

similar to those of the old Colony than to those of the

New Territories. Accordingly, section 4 of this Ordinance

provides that the provisions of the Distress for Rent

Ordinance, 1883, shall extend to New Kowloon.

4.

or

In my opinion this is an Ordinance to which His

Excellency the Governor may properly assent in the name of

His Majesty and on His behalf.

76. E. Porloch

Attorney General.