614065-1930-Supplementary-Bills-read-a-first-time--Appropriation-New-Territories-Regulation-Amendment — Page 3

Application

of Ordinance

No. 34 of 1910,

as amended.

458

5. The provisions of the New Territories Regulation Ordinance, 1910, as amended by this Ordinance, shall apply to all questions and disputes relating to land in the New Territories, including claims to arrears of rent, whether such questions or disputes shall have arisen before the commencement of this Ordinance or shall bere- after arise.

Objects and Reasons.

1. The second paragraph of section 4 of the New Terri- tories Regulation Ordinance, 1910, is not necessary and has given rise to doubts as it seems to authorise the application to the New Territories of regulations etc., apart from the Ordinance (with penalty clauses) under which they are made. Section 2 of this Ordinance there- fore repeals that paragraph.

2. Section 20 of the New Territories Regulation Ordi- nauce, 1910, Ordinance No. 34 of 1910, which gives the Land Officer a general power to decide all questions regarding any land in the New Territories, provides that he shall not have power to decide any question or dis- pute in respect of any land having a capital value exceed- ing five thousand dollars, or an annual value exceeding five hundred dollars, unless with the written consent of

The view

the parties Section 3 of the Ordinance defines the term "land" in such a way that in some cases at least it may include rent. The question arises whether the term has this meaning in the passage quoted above. has been expressed that it has this meaning in the above passage, and that the Land Officer has jurisdiction to decide a claim for arrears of rent up to the total amount of five thousand dollars. If the term "land in the above passage does not include "rent", then the Land Officer has no jurisdiction to decide a claim for arrears of rent if either (a) the physical land has a capital value exceeding five thousand dollars or (b) the annual rent exceeds five hundred dollars. If the Land Officer has jurisdiction the jurisdiction of the Supreme Court is onsted by section 24 of the Ordinance. Different opinions have been expressed as to whether the term "land" does or does not include rent in the above passage. Accord- ingly, a landlord may be in doubt as to his proper remedy, and in case of difference of opinion between the two jurisdictions he may be left without any remedy at all. In the case of New Kowloon this position is of less importance, because a landlord has now a remedy in New Kowloon under the Distress for Rent Ordinance, 1883, as amended by the Distress for Rent Amendment Ordi- nance, 1928.

In the New Territories other than New Kowloon, however, there is no machinery for distraint.

3. This Ordinance is intended to resolve the above doubt. The effect of paragraph (b) of the new proviso to be inserted by section 3 of this Ordinance is that the Land Officer will clearly have power to decide claims to arrears of rent so long as the monthly value of the rent does not exceed $500 and so long as the total claim does not exceed $1,500.

4. The limits of the Land Officer's jurisdiction in pro- ceedings relating to land as distinguished from rent are not being altered. Those limits are dealt with in para- graph (d) of the new proviso. It therefore seems desira- ble to provide that the Land Officer shall not have juris- diction in claims to arrears of rent where the plaintiff's title is disputed bona fide except in those cases where he would have jurisdiction if the proceedings related to the land itself as distinguished from the rent. This point is dealt with in paragraph (c) of the new proviso. This proviso gives the Land Officer jurisdiction over the speci- fied limits if the parties consent, This is merely a con- tinuation of the present provision.