6
CAP. 97]
High Court or the District Court may enforce Chinese customs.
Registration of manager of "long", etc.
Exemption of certain clans from the Companies Ordinance.
New Territories
[1984 Ed.
Provided that nothing in this section shall confer any greater jurisdiction upon the District Court than it exercises from time to time with regard to questions and disputes at law or in equity in connexion with or in any wise arising out of or regarding land situate in any part of the Colony other than the New Territories.
(Replaced, 13 of 1961, s. 5. Amended, L.N. 57/74)
13. In any proceedings in the High Court or the District 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.
(Amended, 1 of 1953, Fourth Schedule)
14. [Repealed, 38 of 1969, s. 2]
15. 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 3 months after the acquisition of the land make and prove the appointment of a manager, or within 3 months after any change of manager prove the appointment of a new manager, it shall be lawful for the Crown to re-enter upon the land held by such clan, family or t'ong, which shall thereupon become forfeited. Such re-entry shall be effected by the registration of a memorial thereof in the appropriate New Territories Land Office.
(Amended, 50 of 1911, s. 4; 51 of 1911; 12 of 1912, Schedule; 13 of 1912, Schedule; 33 of 1939, Schedule; and 20 of 1948, s. 4)
16. Any clan, family or t'ong owning land on 28 October 1910, in respect of which a manager has been duly registered under this Ordinance, shall not, so long as such land is certified by the Land Officer as being used for agricultural, religious, educational or charitable purposes or such other uses of a similar nature as are
6
CAP. 97]
High Court or the District
Court may
enforce Chinese customs.
Registration of manager of "long", etc.
Exemption of certain clans from the Companies Ordinance.
New Territories
[1984 Ed.
Provided that nothing in this section shall confer any greater jurisdiction upon the District Court than it exercises from time to time with regard to questions and disputes at law or in equity in connexion with or in any wise arising out of or regarding land situate in any part of the Colony other than the New Territories.
(Replaced, 13 of 1961, s. 5. Amended, L.N. 57/74)
13. In any proceedings in the High Court or the District 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.
(Amended, I of 1953, Fourth Schedule)
14. [Repealed, 38 of 1969, s. 2]
15. 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 tong, 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 tong. 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 tong holding land do not within 3 months after the acquisition of the land make and prove the appointment of a manager, or within 3 months after any change of manager prove the appointment of a new manager, it shall be lawful for the Crown to re-enter upon the land held by such clan, family or t'ong, which shall thereupon become forfeited. Such re-entry shall be effected by the registration of a memorial thereof in the appropriate New Territories Land Office.
( Amended, 50 of 1911, s. 4; 51 of 1911; 12 of 1912, Schedule: 13 of 1912, Schedule: 33 of 1939, Schedule, and 20 of 1948. 5.4)
16. Any clan, family or t'ong owning land on 28 October 1910. in respect of which a manager has been duly registered under this Ordinance, shall not, so long as such land is certified by the Land Officer as being used for agricultural, religious, educational or charitable purposes or such other uses of a similar nature as are
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