1964_NEW_TERRITORIES_LEASES_(EXTENSION)_ORDINANCE — Page 4

1988 Ed.]

New Territories Leases (Extension)

[CAP. 150

3

"Land Office register" means the register that is kept in the Land Office, under the Land Registration Ordinance (Cap. 128), in respect of land that is the subject of a New Territories lease;

"lease for special purposes" means-

(a) a lease that satisfies the description in subsection (2) but is not-

(i) a short term tenancy;

(ii) a lease of any of the lots specified in Part II of the Schedule; or (iii) a lease granted to the Hong Kong Housing Authority, the Mass Transit Railway Corporation, the Kowloon-Canton Railway Corporation or the Hong Kong Housing Society;

(b) a lease of any of the lots specified in Part I of the Schedule;

"New Territories lease" and "lease" mean a lease of land in the New Territories granted by or on behalf of the Governor and include an agreement to grant such a lease;

"short term tenancy" means a lease expressed to be granted for a term of not more than 7 years; and in calculating that period for the purpose of this definition there shall be excluded any extension or renewal of the lease that has occurred, or may occur, by virtue of the exercise of any right.

(2) The lease description referred to in the definition of "lease for special purposes" in subsection (1) is that the lease-

(a) contains a prohibition, expressed or intended by the parties to enure for the full term of the lease, against the assignment of the land that is the subject of the lease or of any interest therein; and

(b) contains no provision whereby the land that is the subject of the lease, and every interest therein, could be assigned by the lessee upon the occurrence of any event or contingency, or upon compliance with any condition,

whether or not the express provisions of the lease permit the land that is the subject of the lease, or any interest therein, to be assigned with the consent of the lessor or any Government authority, or to be charged, mortgaged or sublet.

Note to be made in Land Office register of all special purpose leases

4. (1) Where a lease is a lease for special purposes, the Land Officer shall make a note to that effect in the Land Office register before the appointed day.

(2) A lease shall for the purposes of this Ordinance be conclusively deemed-

(a) to be a lease for special purposes if, before the appointed day, a note has been made by the Land Officer in the Land Office register to the effect that it is such a lease;

(b) not to be a lease for special purposes if no such note has been made by the Land Officer in the Land Office register by the appointed day.