541128-1905-Bill-read-first-time--New-Territories-Land-Amendment — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 15TH SEPTEMBER, 1905.

A BILL

ENTITLED

An Ordinance to amend "the New Territories

Land Ordinance, 1905."

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

1. This Ordinance may be cited as the New Territories Short title, Land Amendment Ordinance, 1905, and shall be read and construed as one with the New Territories Land Ordinance, 1905, hereinafter called the Principal Ordinance.

Exclusion of

2. This Ordinance shall not apply to "New Kowloon us defined by the New Territories (Extension of Laws) New Kow- Ordinance, 1900.

loon.

incorrect schedules

Leases, and to substitute

3. Whenever it shall be made to appear to the Governor Power for that any entry in any schedule (whether original or substitu- Governor ted or supplemental), attached to any Crown Lease of Land in to cance! the New Territories to which the Principal Ordinance applies, is incorrect for any of the following reasons:— to Crown (a.) that a mistake or omission has been made either in the description or area of the land, or in the name or address of the owner, or in schedules, the amount of the Crown Rent payable, or in the particulars of any incumbrances to which the land is subject, or in any other particular whatsoever;

(b.) that by reason of any dealing with the land which has taken place between the first day of July, 1898, and the first day of August, 1905, the particulars in the schedule do not correctly represent the ownership of the land upon the last mentioned date,

the Governor may direct the cancellation of such schedule or any part thereof, and the substitution therefor of a new schedule, containing the proper cutries relating to the land, signed by the Governor and countersigned by the Laud Officer.

correct

4. Upon the cancellation of any such schedule or por- Effect of tion of a schedule under the last preceding section and the such sub- attachment to the Crown Lease of the substituted schedule stitution. any term of years or interest in the land affected by such cancellation theretofore vested in any person, clan, family, or tong named in such cancelled schedule shall absolutely cease and determine, and the land comprised in the sub- stituted schedule shall vest in the person, clan, family or tong therein named in like manner in all respects as if such substituted schedule had been attached to the Crown Lease at the time of the execution of such Crown Lease.

subsidiary

5. The Land Officer may make an entry, in any sehe- Power for dule attached to a Crown Lease of land to which the Prin- Land Officer cipal Ordinance applies, under the heading "Remarks", of to enter any mortgage, charge or other incumbrance, or of any dealings. transfer, reassignment, release, or satisfaction of any in- prior to 1st cumbrance, or of any lease, agreement for lease or surrender, August, 1905, or of any appointment or change of Trustee, affecting the in schedule land in such schedule, provided the transaction in reference to which such entry is made took place prior to the first day of Angust, 1905, and it shall not be necessary for a memorial of any such transaction to be signed or registered, but the Land Officer may require such evidence as he may deem sufficient before making such entry. No fee shall be charged for such entry.

Every entry made under this section shall be deemed to have been made prior to the execution of the Crown Lease to which the schedule in which the entry is made is attached relates, and shall have the same effect as if it had been so made.

to Crown Lease.

6. No schedule shall be cancelled under section 3 and Time limit no entry shall be made in any schedule under section 5, of power after the 31st day of July, 1906.

given by sections 3 and 5.

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