TNAG-2877-FCO40-4149-Future-of-Hong-Kong-adaptation-of-laws-1993 — Page 188

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15.

The Working Group therefore RECOMMENDS that the adaptation Bill should include a provision to the effect that the Government stands in the shoes of the Crown in court proceedings relating to land or interests in land, with effect from the commencement of the Bill.

Rights ancillary to rights over land

16.

Several provisions relating to land also refer to "premises" or "tenements" on Crown land or included in Crown leases. There are also important provisions relating to Crown foreshore and seabed and to minerals under Crown land. The Working Group considered that premises, tenements, foreshore, seabed and minerals all fall within the ambit of rights and interests in land, and therefore RECOMMENDS that all such references should be amended in this exercise as appropriate.

Financial provisions

17.

Some provisions relating to Crown land or Crown leases provide for money to be paid by or to "the Crown" in respect of land. Where such a provision involves enforcement of e.g. a debt due to the Crown, the recommendation in para. 15 above will operate. Where the provision is purely financial e.g. it involves payment into or out of general revenue, or as may be, no additional provision is called for, since the Public Finance Ordinance (Cap. 2) does not in terms refer to "the Crown". It refers to the revenue and expenditure of "the Government" (see s. 5(1)). References to acceptance of rent by the Crown not constituting a waiver of a right of re-entry can also be amended without creating problems, since all moneys payable to the Crown are handled by the Government already. The Working Group therefore RECOMMENDS that no special provision should be made for these matters, other than replacing "the Crown" with "the Government".

Forfeiture "to the Crown"

18.

Some provisions in the laws relating to land provide for forfeiture of land or premises "to the Crown". Since section 94 (1) of the Interpretation and General Clauses Ordinance (Cap. 1) already provides that any reference to forfeiture means forfeiture "to the Crown", it would be appropriate to delete the phrase "to the Crown" where it appears elsewhere, leaving "the Crown" in s. 94 (1) to be suitably adapted at a later stage. This is equally true for other references to forfeiture, but the present exercise is a suitable one in which to set the pattern. The Working Group therefore RECOMMENDS that the words "to the Crown" be repealed wherever they appear in relation to Crown land, Crown leases or an interest in such land or leases.