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4.
Ching Sheung (注1) or Sheung Tin (注a) Land
(a) This is land bequeathed by the original owner (i.e. ancestor) or set aside by his inheritors for the specific purpose of ancestral worship. It is usually held in the name of a clan that bears the original ancestor's name. Rent and proceeds from the land are devoted primarily to the worship of ancestors, and secondarily to the education of members of the clan, relief of poor members, marriage and funeral expenses of members etc.
(b) The land cannot be alienated without the consent of the representatives and elders of the whole clan,
(c) The land is normally cultivated by distribution amongst members of the clan or by lease to a member.
5.
Land held by Clans
(a) Portions of property owned by a clan (tso£) are sometimes leased to a family within the clan. These families have often cultivated the same fields for generations, paying an annual rent to the clan accountant. Sub-letting is frowned on and generally forms grounds for cancelling the lease. Alternatively, the various families of a Tso (n) may cultivate the land for a year at a time in rotation and at a fixed annual rent.
(b) Another method of leasing tso (1) property within the clan is to hold an auction where the highest bidder for the annual lease is granted the tenancy for the following year. Money derived from the bid is devoted to ancestral worship etc. as stated in 5(a) above,
(c) Proper granting of leases by the trustee of the clan is not a regular feature and generally forms a large proportion of land disputes by reason of its omission.
6.
Family Disputes
The first and most important step is to discover the status of the parties, i.e. are they properly married by Chinese custom or are they co-habiting under some lesser bond?
46
4.
Ching Sheung () or Sheung Tin (a) Land
(a) This is land bequeathed by the original owner (i.e. ancestor) or set aside by his inheritors for the specific purpose of ancestral worship. It is usually held in the name of a clan that bears the original ancestor's name. Rent and proceeds from the land are devoted primarily to the worship of ancestors, and secondarily to the education of members of the clan, relief of poor members, marriage and funeral expenses of members etc.
(b) The land cannot be alienated without the consent of the representatives and elders of the whole clan,
(c) The land is normally cultivated by distribution amongst members of the clan or by lease to a member.
5.
Land held by Clans
(a) Portions of property owned by a clan (tso £) are sometimes leased to a family within the clan. These families have often cultivated the same fields for generations, paying an annual rent to the clan accountant. Sub-letting is frowned on and generally forms grounds for cancelling the lease. Alternatively, the various families of a Tso (n) may cultivate the land for a year at a time in rotation and at a fixed annual rent.
(b) Another method of leasing tso (1) property within the clan is to hold an auction where the highest bidder for the annual lease is granted the tenancy for the following year. Money derived from the bid is devoted to ancestral worship etc. as stated in 5(a) above,
(c) Proper granting of leases by the trustee of the clan is not a regular feature and generally forms a large proportion of land disputes by reason of its omission.
6.
Family Disputes
The first and most important step is to discover the status of the parties, ie. are they properly married by Chinese custom or are they co-habiting under some lesser bond?
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