698497-1873-Covenants-and-Leases-Ordinance- — Page 1

400 THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPTEMBER, 1873.

Title.

Preamble.

Effect of Li-

cence to alien.

HONGKONG.

ANNO TRICESIMO SEPTIMO VICTORIE REGINE.

SIR ARTHUR EDward Kennedy, K.C.M.G., C.B., Governor and Commander-in-Chief.

No. 11 or 1873.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to extend to the Colony certain Provisions of an Act of the Imperial Parliament passed in the 22nd and 23rd Years of Her Majesty Queen Victoria, Chapter Thirty-five, to amend the Law of Properiy in relation to Covenants and Conditions in Leases.

[23rd September. 1873.]

HEREAS it is expedient to extend to this Colony certain

WProvisions of an act of the Imperial Parliament passed in

the 22nd and 23rd Years of Her Majesty Queen Victoria, Chapter Thirty-five, to amend the Law of Property in relation to Covenants and Conditions in Leases: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

Restriction on I. Where any Licence to do any Act which without such Li- cence would create a Forfeiture, or give a Right to re-enter, under a Condition or Power reserved in any Lease heretofore granted or to be hereafter granted, shall at any Time after the Passing of this Ordinance be given to any Lessee, or his Assigns, every such Licence shall, unless otherwise expressed, extend only to the Per- mission actually given, or to any specific Breach of any Proviso or Covenant made or to be made, or to the actual Assignment, Under-lease, or other Matter thereby specifically authorised to be done, but not so as to prevent any Proceeding for any subsequent Breach (unless otherwise specified in such Licence); and all Rights under Covenants and Powers of Forfeiture and Re-entry in the Lease contained shall remain in full Force and Virtue, and shall be available as against any subsequent Breach of Covenant or Condition, Assignment, Under-lease, or other Matter not specifi- cally authorized or made dispunishable by such Licence, in the same Manner as if no such Licence had been given; and the Con- dition or Right of Re-entry shall be and remain in all Respects as if such Licence had not been given, except in respect of the par- ticular Matter authorized to be done.

Restricted Operation

of partial Licences.

II. Where in any Lease heretofore granted or to be hereafter granted there is or shall be a Power or Condition of Re-entry on assigning, or under-letting, or doing any other specified Act without Licence, and a Licence at any Time after the Passing of this Ordinance shall be given to one of several Lessees or Co-owners to assign or underlet his Share or Interest, or to do any other Act prohibited to be done without Licence, or shall be given to any Lessee or Owner, or any one of several Lessees or Owners, to assign or underlet Part only of the Property, or to do any other such Act as aforesaid in respect of Part only of such Property, such Licence shall not operate to destroy or extinguish the Right of Re-entry in Case of any Breach of the Covenant or Condition by the Co-lessee or Co-lessees, or Owner or Owners of the other Shares or Interests in the Property, or by the Lessee or Owner of the Rest of the Property (as the Case may be) over or in respect of such Shares or Interests, or remaining Property, but such Right of Re-entry shall remain in full Force over or in respect of the Shares or Interests or Property not the Subject of such Licence.

III. Where the Reversion upon a Lease is severed and the of Conditions Rent or other Reservation is legally apportioned, the Assignee of each of Re-entry Part of the Reversion shall, in respect of the apportioned Rent or other Reservation allotted or belonging to him, have and be entitled to the Benefit of all Conditions or Powers of Re-entry for Non- payment of the original Rent or other Reservation, in like Manner as if such Conditions or Powers had been reserved to him as in- cident to his Part of the Reversion in respect of the apportioned Rent or other Reservation allotted or belonging to him.

Apportionment

in certain Cases.

Relief against Forfeiture for

Breach of Covenant to insure in

IV. The Supreme Court shall have Power to relieve against a Forfeiture for Breach of a Covenant or Condition to insure against Loss or Damage by Fire, where no Loss or Damage by Fire has happened, and the Breach has, in the Opinion of the certain Cases. Court, been committed through Accident or Mistake, or otherwise without Fraud or gross Negligence, and there is an Insurance on Foot at the Time of the Application to the Court in Conformity with the Covenant to insure, upon such Terms as to the Court may seem fit.