CO129-559-3 Crown Rents (Apportionment) Ordinance 1936 3-2-1936 - 3-2-1936 — Page 6

That

Principles

to be observed in

rent.

4.-(1) The amount of the determined rent of a section shall in so far as is reasonable bear a like proportion to the determining Crown rent of the lot of which it forms part as the proportion which the area of the section bears to the area of the lot: Provided that if the Land Officer is satisfied that the rent of any section as the same may appear in the Crown Rent Roll or in any instrument registered in the Land Office has been fixed substantially in accordance with the principle laid down in this subsection and is fair and reasonable he may accept such rent as the basis for fixing the determined rent.

Proof of

areas,

Determina- tion on

application of section

owner not to affect

remainder

of lot.

Provisions

whote

application

is made by the

owner of the Remaining Portion of

a lot.

(2) In any case in which the rent reserved by the Crown lease is expressed in terms of sterling the sterling rent shall for the purposes of this Ordinance be converted into Hong Kong currency at the rate of four shillings and two pence as equivalent to one dollar.

(3) In fixing the determined rent the Land Officer shall add and include such sum, if any, as may be necessary to make the determined rent an even number of dollars.

5. (1) For the purpose of determining the area of any lot or section the Land Officer may accept as correct any state- ment as to such area contained in any Crown lease or other instrument registered in the Land Office or contained in any plan annexed to or endorsed upon any such Crown lease or instrument.

(2) If the Land Officer shall be of the opinion that the area of any lot or section necessary to be ascertained for the purpose of calculating the determined rent is uncertain he may require such lot or section to be surveyed and a plan or certificate showing the area of the lot or section and purporting to be signed by the Director of Public Works or by an officer authorised by him may be accepted by the Land Officer as conclusive evidence of the area of the lot or section. Notice that a survey is required shall be given by the Land Officer to the applicant for determination of the rent and at any time within fourteen days after the giving of such notice the ap- plication may be withdrawn.

(3) The fees for any survey required by the. Land Officer under the preceding sub-section shall be paid and borne by the section owner on whose application the rent is to be deter- mined.

6. When a determined rent is fixed on the application of a section owner other than the owner of the Remaining Portion of a lot the proportions of the Crown rent payable in respect of other portions of the lot shall not be affected thereby.

7. When an application for the determination of the rent is made by the owner of the Remaining Portion of a lot and the Land Officer shall, in his discretion, decide to make such determination the following additional provisions shall apply:

(a) The Land Officer shall fix the determined rents for and in respect of each and every of the sections of the lot in like manner as if a separate request for determination had been made in respect of each and every of such sections.

(b) The owner of each and every section of the lot shall be bound by such determination in all respects as if he had made application therefor.

(c) All fees payable under this Ordinance for determina- tion and for any survey required by the Land Officer shall in respect of this section be paid by the owner of the Remaining Portion of the lot, who shall, however, have a right of relief against the other section owners of the lot and shall be entitled to payment from each of them of the fee for registration and survey, applicable to the section of such section owner. A certificate, purporting to be under the hand of the Land Officer and setting forth the sum paid by the owner of the Remaining Portion in respect of such fees, shall, in any proceeding for recovery, be prima facie evidence of such payment.

on deter- mination.

8. (1) Every determination shall state the determined Procedure rent of every section to which it relates and when it does not relate to every section forming part of the lot shall state the Crown Rent of the remainder of the lot as the same may be ascertained from the Land Office records.

(2) Every determination shall be signed by the Land Officer and shall be registered by him in the Land Office against every section in respect whereof the rent is determined and also against the Remaining Portion of the lot.

(3) Notice of every determination shall be published in the Gazette.

determina-

9.-(1) On the registration and notification of a deter- Effect of mination made under section 6, a section owner, in respect tion. of whose section a determined rent has been fixed, shall hold such section, and shall be deemed to have held such section, as from the date up to which the Crown rent was last paid, subject to the payment of the determined rent as if a separate Crown lease of such section had been granted to such section owner at the determined rent, such Crown lease containing all covenants (including a covenant to pay the, determined rent) and stipulations exceptions reservations powers and con- ditions (including the condition of re-entry) as are contained in the Crown lease of the lot so far as the same shall not be inapplicable to such section.

(2) The rights of the Crown under the Crown lease of the lot against the person or persons in whom is vested any part of such lot in respect whereof a determined rent has not been fixed shall not be affected.

(3) On the registration and notification of a determina- tion made under section 7, all the section owners shall hold such sections, and shall be deemed to have held such sections, as from the date up to which the Crown rent was last paid, subject to the payment of the determined rents as if separate Crown leases of such sections had been granted to such section owners at the determined rents, such Crown leases containing all covenants (including covenants to pay the deter- mined rents) and stipulations exceptions reservations powers and conditions (including the conditions of re-entry) as are contained in the Crown lease of the lot so far as the same shall not be inapplicable to such sections.

of errors.

10. After a determination has been registered and Correction notified in the Gazette no alteration shall be made in it except as provided by section 11 or to correct merely clerical or mathematical errors.

11. (1) Any person who is aggrieved by a determina. Appeals and tion of the Land Officer made under this Ordinance may appeal Revisions. to the Governor in Council within one month from the date

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