540048-1905-Bills-read-a-first-time--New-Territories-Land — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 26TH MAY, 1905.

A BILL

ENTITLED

An Ordinance to facilitate the transfer of land in the New Territories and for settling disputes in respect thereof and for other purposes.

BE it enacted by the Governor of Hongkong, with the advice add consent of the Legislative Council thereof, as follows:--

1.-(1.) This Ordinance may be cited as the New Short title Territories Land Ordinance, 1905.

(2.) This Ordinance shall come into operation on such day as shall hereafter be fixed by Proclamation under the hand of the Governor.

(3.) This Ordinance only applies to the New Territories.

(4.) Upon the application of the Crown Lessee of any land in the New Territories, the Governor may, on such terms as he shall think fit, exempt the said land from the provisions of this Ordinance by a memorandum in writing under his hand, written in or upon the Crown Lease of the said land.

and

application.

2. In this Ordinance or any regulation made thereunder Interpret- unless a contrary intention appears-

(1.) The New Territories " mean the additional terri- tories acquired by this Colony under the Convention dated the 9th June, 1898, between Her Majesty Queen Victoria and His Imperial Majesty The Emperor of China for the enlargement of the limits of this Colony, ineluding the City of Kowloon.

(2.) "Land" includes land of any description and any estate or interest in land, land covered by water or within the flow of the sea, and houses and other buildings, and also an undivided share in land and any estate or interest in land.

(3.) In relation to land "income" includes rents and profits, and "possession" includes receipt of income.

(4.) Conveyance" includes assignment, appointment, lease, settlement and other assurance, made by deed on a sale, mortgage, demise or settlement of land or on any other dealing with land; and " convey has a meaning corresponding with that of conveyance.

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(5.) "Mortgage includes any charge on any land for securing money or money's worth; and "mortgage money” means money, or money's worth, secured by mortgage; ail "mortgagor" includes any person from time to time deriving title under the original mortgagor, or entitled to redcem a mortgage, according to his estate, interest or right, in the mortgaged property; and

66 mortgagee in- eindes any person from time to time deriving title under the original mortgagee; and "mortgagee in possession" is, for the purpose of this Ordinance, a mortgagee who, in right of the mortgage, has entered into and is in possession of the mortgaged property.

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(6.) "Instrument includes deed, will, codicil, power of attorney, Act of Parliament or Ordinance.

ation of terms.

3.-(1.) The Land Registry Office shall be the Depart- Land Regis- ment authorized to carry into execution the provisions of try Office. this Ordinance.

(2.) Where by any law, rule or regulation anything is Assistant required or appointed to be done by the Land Officer, the Land Officer. same may be lawfully done by any Assistant Land 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.

4. The Governor may from time to time by Order in District Council establish one or more District Land Offices for the Land Offices. purposes of carrying out the provisions 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 Order in Council

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