TNAG-1804-FCO40-2564-Hong-Kong-health-services-various-ordinances-1988 — Page 334

A26

Ord. No. 7/88

NEW TERRITORIES LEASES (EXTENSION)

(2) (a) Subject to paragraphs (b), (c) and (d), this section applies to a lease of an old schedule lot, village lot, small house or similar rural holding, which-

(i) on 30 June 1984 was held by an indigenous villager, or by a tso or t'ong recognized as such under Chinese custom all of the members of which were on that date indigenous villagers; or

(ii) in the case of a small house granted after 30 June 1984, is granted to an indigenous villager.

(b) This section shall not apply, or shall cease to apply, to a lease if at any time the whole of the land that is the subject of the lease is conveyed to a person who is not a lawful successor, in the male line, to the indigenous villager holding the lease on 30 June 1984 or, in the case of a small house granted after that date, holding the lease on the date of that grant; and shall continue to be inapplica- ble whether or not that land is thereafter conveyed to a person who is such a successor.

(c) This section shall not apply, or shall cease to apply, to an interest in a lease at any time after that interest is conveyed to a person who is not a lawful successor, in the male line, to the indigenous villager holding the lease or interest on 30 June 1984 or, in the case of a small house granted after that date, holding the lease on the date of that grant; and shall continue to be inapplicable whether or not that interest is thereafter conveyed to a person who is such a

successor.

(d) This section shall not apply, or shall cease to apply, to a lease held by any tso or t'ong whose membership at any time does not consist entirely of indigenous villagers; and shall continue to be inapplicable notwithstanding any further changes in the member- ship of the tso or t'ong or any conveyance of the lease, or any interest in the lease, to any other person.

(3) In this section-

"established village" means a village established under a block lease granted

by, or on behalf of, the Governor;

"indigenous villager" means a person who was in 1898 a resident of an established village in the New Territories or is descended through the male line from such a person;

"lawful successor" includes a lawful successor according to Chinese

customary law in operation in the New Territories;

"old schedule lot" means land held under a block lease granted by, or on behalf of, the Governor to the persons described in the schedules to those leases;

"similar rural holding" includes land granted to an indigenous villager in

place of other land previously held by him;

"small house" means land held under a lease granted under the Small House

Policy; and

"village lot" means land granted before the operation of the Small House Policy, for the extension or improvement of an established village.

(4) Where any question arises in any proceedings as to whether or not this section applies to a lease or an interest in a lease, à certificate purporting