541143-1905-Regulations-for-the-collection-of-Crown-Rents-in-atrear-in-the-New-Territories — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, 15TH SEPTEMBER, 1905.

GOVERNMENT NOTIFICATION.-No. 579.

The following Regulations are published.

By Command,

Colonial Secretary's Office, Hongkong, 12th September, 1905.

T. SERCOMBE SMITH, Colonial Secretary.

REGULATIONS FOR THE COLLECTION OF CROWN RENTS IN ARREAR IN THE NEW TERRITORIES

Made by the Governor in Council, under the provisions of Section 40 of the New Territories Land Ordinance No. 3 of 1905, this 11th day of September, 1905.

CROWN RENT REGULATIONS.

Land Officer to issue Warrant of Attachment for arrears of Crown Rent

after notice to registered owner.

1. Where default has been made by any person in payment of Crown Rent or other money due in respect of any land held from the Crown under Crown Lease, grant, agreement, or licence, it shall be lawful for the Land Officer to issue a warrant of attachment under his hand and seal in the form prescribed in the schedule to these regulations, and the said Land Officer or any person authorised by him may by virtue of such warrant seize any personal property of the registered owner of the land, whether on the land or premises in respect of which the arrears of rent or other money is due or not, and he may also seize any live-stock, goods, chattels, effects, and crops, to whomsoever belonging, which may be found on the land in respect of which the arrears are due, and may after the prescribed notice sell the same by public auction in the manner hereinafter prescribed. Provided that the Land Officer shall not issue any such warrant as aforesaid until a notice in the form prescribed in the schedule to these regulations shall have been given by him calling upon the registered owner to pay such arrears as aforesaid within 14 days from the date of such notice, and default shall have been made in payment thereof. The said notice may be served either by delivering it to the registered owner personally or by leaving it on the land in respect of which the arrears of rent are due, or by posting it in some con- venient place near to the land itself and at the nearest Temple, Police Station, or other conspicuous building in the vicinity.

Mode of attachment of movable property.

2. The attachment of any movable property shall be made by actual seizure, and an inventory shall forthwith be taken of such property by the person making such attachment (hereinafter called "the attaching officer"), who if required shall deliver a copy of such inventory to the person owning or claiming to own the property attached. The property attached shall be kept in the custody of the attaching officer or some person authorised by him, with power to impound or otherwise secure the same on the land or premises whereon the same were seized, or to remove the same as he shall think fit.

Attaching Officer not to break outer door.

3. The attaching officer shall not without the written permission of the Land Officer enter any dwelling-house after sunset or before suurise, nor break open the outer door of any dwelling-house, but where he has duly gained access to any dwelling-house he may break open any inner door of any room in which he has reason to believe there is any property liable to attachment.

Attachment of crops.

4. The attachment of crops shall be effected by notice in the form in the schedule hereto prohi- biting the person in possession of or claiming the same from removing or dealing with the same. Such notice shall be posted on the land on which the crops are growing and a copy thereof shall be posted at a Temple, Police Station, or other conspicuous building in the vicinity.

Notification of attachment.

5. When an attachment has been made the attaching officer shall forthwith notify the same by posting a copy of the warrant of attachment in a conspicuous part of the land upon which the seizure has been effected.

Sale.

6. At the expiration of three days from the date of seizure including the day of such seizure the property attached may be sold by public auction by the person appointed by the Land Officer in such lots and in such manner as shall be deemed expedient. Provided that where the property seized is of a perishable nature, or when the cost of keeping it in custody appears likely to exceed its value it may be sold immediately after seizure.