44
CAP. 97]
New Territories.
[8. 11 cont.] affecting land, shall be deemed to have been validly effected if effected at any place approved for such purpose by the District Commissioner.
Land Officer to decide questions relating to land summarily.
62 of 1948, s.2.
[3B]
12. (1) The Land Officer shall have power to decide in a summary way all questions and disputes in connexion with or in anywise arising out of or regarding any land, and he may, within three months from giving his decision, reopen and rehear the case upon such grounds as he shall in his discretion deem sufficient, and reverse, vary or confirm the previous decision or judgment:
Provided as follows-
(a) the Land Officer shall not have power to decide any question or dispute to which the Crown is a party unless the Governor consents in writing to his so doing;
(b) the Land Officer shall not have power to decide any claim to arrears of rent if the monthly value of the rent exceeds one thousand dollars or if the total claim exceeds three thousand dollars;
(c) the Land Officer shall not have power to decide any claim to arrears of rent where the title of the plaintiff is in his opinion disputed bona fide, unless either
(i) the defendant consents in writing to his so doing or
(ii) he would have had jurisdiction under paragraph (d) of this proviso if the claim, instead of being a claim to arrears of rent, had been a claim in respect of the land out of which the rent in question issues or is alleged to issue;
(d) the Land Officer shall not have power to decide any question or dispute (other than a claim to arrears of rent) in respect of any land having a capital value exceeding ten thousand dollars, or an annual value exceeding one thousand dollars, unless with the written consent of the parties to such question or dispute.
70
44
CAP. 97]
New Territories.
[8. 11 cont.] affecting land, shall be deemed to have been validly effected if effected at any place approved for such purpose by the District Commissioner.
Land Officer to decide questions relating to land summarily.
62 of 1948, s.2.
[3B]
12. (1) The Land Officer shall have power to decide in a summary way all question and disputes in connexion with or in anywise arising out of or regarding any land, and he may, within three months from giving his decision, reopen and rehear the case upon such grounds as he shall in his discretion deem sufficient, and reverse, vary or confirm the previous decision or judgment:
Provided as follows-
(a) the Land Officer shall not have power to decide any question or dispute to which the Crown is a party unless the Governor consents in writing to his so doing;
(b) the Land Officer shall not have power to decide any claim to arrears of rent if the monthly value of the rent exceeds one thousand dollars or if the total claim exceeds three thousand dollars;
(c) the Land Officer shall not have power to decide any claim to arrears of rent where the title of the plaintiff is in his opinion disputed bona fide, unless either
(i) the defendant consents in writing to his so doing or
(ii) he would have had jurisdiction under para- graph (d) of this proviso if the claim, instead of being a claim to arrears of rent, had been a claim in respect of the land out of which the rent in question issues or is alleged to issue;
(d) the Land Officer shall not have power to decide any question or dispute (other than a claim to arrears of rent) in respect of any land having a capital value exceeding ten thousand dollars, or an annual value. exceeding one thousand dollars, unless with the written consent of the parties to such question or dispute.
70
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