45
CAP. 971
Exclusion of certain proceedings from jurisdiction of Supreme Court.
(Cap. 7.)
Supreme Court may enforce Chinese customs.
Registration of judgment.
Registration of manager of "t'ong", etc.
New Territories.
16. Except by way of appeal from the Land Officer, no proceeding relating to land in the New Territories shall be commenced in the Supreme Court unless the Crown is a party or the jurisdiction of the Land Officer in respect of such proceeding is excluded by or under the provisions of section 12: Provided that nothing in this section shall affect the operation of section 40 of the Distress for Rent Ordinance.
[24]
17. In any proceedings in the Supreme Court in relation to land in the New Territories, the court shall have power to recognize and enforce any Chinese custom or customary right affecting such land.
[25]
18. The Land Officer shall, on judgment being given in respect of any land, forthwith enter a memorandum of such judgment in the land register. No fee shall be payable for such entry.
[26]
19. Whenever any land is held from the Crown under lease or other grant, agreement or licence in the name of a clan, family or t'ong, such clan, family or t'ong shall appoint a manager to represent it. Every such appointment shall be reported at the appropriate New Territories Land Office, and the Land Officer on receiving such proof as he may require of such appointment shall, if he approves thereof, register the name of the said manager who shall, after giving such notices as may be prescribed, have full power to dispose of or in any way deal with the said land as if he were sole owner thereof, subject to the consent of the Land Officer, and shall be personally liable for the payment of all rents and charges and for the observance of all covenants and conditions in respect of the said land. Every instrument relating to land held by a clan, family or t'ong, which is executed or signed by the registered manager thereof in the presence of the Land Officer and is attested by him, shall be as effectual for all purposes as if it had been executed or signed by all the members of the said clan, family or t'ong. The Land Officer may on good cause shown cancel the appointment of any manager and select and register a new manager in his place. If the members of any clan, family or t'ong holding land do not within three months after the acquisition of the land make and prove the appointment of a manager, or within three months after any change of manager prove the appointment-
72
wwwwwww
Page 10
Page 11
45
CAP. 971
Exclusion of certain proceedings from juris. diction of Supreme Court.
(Cap. 7.)
Supreme
Court may
enforce Chinese
customs.
Registration
of judgment.
Registration of manager of "t'ong", etc.
New Territories.
16. Except by way of appeal from the Land Officer, no proceeding relating to land in the New Territories shall be commenced in the Supreme Court unless the Crown is a party or the jurisdiction of the Land Officer in respect of such proceeding is excluded by or under the provisions of section 12: Provided that nothing in this section shall affect the operation of section 40 of the Distress for Rent Ordinance.
[24]
17. In any proceedings in the Supreme Court in relation to land in the New Territories, the court shall have power to recognize and enforce any Chinese custom or customary right affecting such land.
[25]
18. The Land Officer shall, on judgment being given in respect of any land, forthwith enter a memorandum of such judgment in the land register. No fee shall be payable for such entry.
[26]
19. Whenever any land is held from the Crown under lease or other grant, agreement or licence in the name of a clan, family or t'ong, such clan, family or t'ong shall appoint a manager to represent it. Every such appointment shall be reported at the appropriate New Territories Land Office, and the Land Officer on receiving such proof as he may require of such appointment shall, if he approves thereof, register the name of the said manager who shall, after giving such notices as may be prescribed, have full power to dispose of or in any way deal with the said land as if he were sole owner thereof, subject to the consent of the Land Officer, and shall be personally liable for the payment of all rents and charges and for the observance of all covenants and conditions in respect of the said land. Every instrument relating to land held by a clan, family or t'ong, which is executed or signed by the registered manager thereof in the presence of the Land Officer and is attested by him, shall be as effectual for all purposes as if it had been executed or signed by all the members of the said clan, family or t'ong. The Land Officer may on good cause shown cancel the appointment of any manager and select and register a new manager in his place. If the members of any clan, family or t'ong holding land do not within three months after the acquisition of the land make and prove the appointment of a manager, or within three months after any change of manager prove the appoint-
72
wwwwwww
Page 10Page 11
No comments yet.
Private notes are available after approval.