15218-1910-Ordinances-passed-and-assented-to--Opium-Amendment-No-2--No-33 — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 28, 1910.

Application

of Part II

of this

Ordinance,

and exemp- tion from operation of

Sumie,

Vesting of

land in New Territories in the

PART II.

Land.

13(1.) Part II of this Ordinance only applies to the New Territories,

(2.) Upon the application of the registered owner of any land in the New Territories which has been purchased from the Crown since the 17th day of April, 1899, and in respect of which a separate Crown Lease has been or is intended to be issued, the Governor may exempt the said land from the provisions of this Ordinance by a Memorandum under his hand.

(3.) Upon the application of the registered owner of any and in the New Territories not covered by the provisions of the last preceding sub-section, and upon proof to the satisfaction of the Land Officer of the title of such owner, and surrender of such land to the Crown, the Governor may direct a new Crown Lease for such land to be issued after due survey thereof has been made and the proscribed fees paid, and the Governor may thereupon exempt the said land from the provisions of this Ordinance' by a Memorandum in writing under his hand: Provided Always that in any case in which such application refers to land of such small value that, in the opinion of the Governos, it is undesirable to grant exemption the Governor may refuse to grant the same.

14. All land in the New Territories is hereby declared to be the property of the Crown, during the term specified in the Convention of the 9th day of June, 1898, hercin- Crown and before referred to, and all persons in occupation of any consequence such land after the commencement of this Ordinance shall thereof.

be deemed to be trespassers as against the Crown, unless such occupation is authorised by grant from the Crown or by other title allowed under this Ordinance or by licence from the Governor or from some Government officer having authority to grant such licence.

Land kegis- try Office.

Assistant

15.-(1.) The Land Registry Office shall be the Depart- ment authorized to carry into execution the provisions of Part II of this Ordinance.

(2.) Where by any law, rule or regulation anything is Land Officer. required or appointed to be done by the Land Officer, the same may be lawfully done by any Assistant Laud Officer appointed by the Governor, and such Assistant Land Officer shall have the same powers as are conferred upon the Land Officer by this Ordinance.

District

Land Offices.

Pocuments to be regis tered in appropriate

District Office.

L'agisent

of rent in money instead of in produce.

16. The Governor may from time to time by Order-in- Council establish one or more District Land Offices for the purposes of carrying out the provisious of this Ordinance, and may also from time to time by Order-in-Council define the Districts into which the New Territories shall be divided for the purposes of this Ordinance, and the place where the Office for each district (hereinafter called "the appropriate office") shall be situate: Provided that it shall be lawful for the Governor at any time by Orler-in-Couneil to alter or vary such districts or the place of any such office as he may from time to time think expedient. Where in any Ordinance the term "Land Office" shall be used the same shall be deemed to include any District Land Office established under this Ordinance.

17. The registration of any deed, will or other instrument, or any judgment, order, or Lis Pendeus, in respect of or affeering land shall be made at the appropriate office for the District in which such land is situate, and it shall not be lawful to register any such deed, will or other instrument, judgment, order, or Lis Pendens elsewhere than at the appropriate office. If an instrument, order, judgment, or Lis Pendens affects land in more than one District it shall be registered at the appropriate office of each such District.

18. In any case where land in the New Territories is held under an agreement to pay rent in produce it shall be lawful for the temut of such land to pay reat in money instead of such rent in produce, according to a rate which shall be fixed each year by the Governor-in-Council to be published in the Gazette as the fair commutation of such. produce.

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