Registrar-Generals-Department-Annual-report-1969-1970 — Page 65

Land

PART X

NEW LEGISLATION

185. The New Territories (Amendment) Ordinance 1969 repealed section 14 of the principal Ordinance, which required the Land Officer to enter in the land register a memorandum of every judgment relating to land. Registration of a judgment relating to land may still be effected by the parties in the usual way under the Land Registration Ordinance.

186. Certain Crown leases of land in the New Territories, other than land excluded from Part II of the New Territories Ordinance, expire on 30th June 1973. These leases, which were originally granted for a term of seventy-five years from 1st July 1898, contain a right of renewal for a further term of twenty-four years less three days at a rent to be fixed as the fair and reasonable rental value of the land at the renewal date. The New Territories (Renewable Crown Leases) Ordinance 1969 provided for a statutory renewal of such leases, but without any increase in the Crown rent. The Ordinance contained special provisions relating to lessees who do not wish their leases to be renewed, and saving provisions in respect of certain Crown, public and private rights.

187. The Partition Ordinance 1969 repealed two very old English Acts relating to partition which applied in Hong Kong, namely, the Statutes of Partition of 1539 and 1540, and conferred upon the Court a discretion, in proceedings for partition, to grant either a partition or a sale in lieu (whether requested or not) or to refuse both. The Ordin- ance also gave the Court power to partition rights, obligations and liabilities in force at the time of partition and to create easements.

188. The Stamp (Amendment) Ordinance 1969 by repealing section 6 of the Stamp Ordinance abolished excess stamp duty on all con- veyances on sale of land and other property.

189. The Stamp (Amendment) (No. 2) Ordinance 1969 inter alia imposed an obligation on a person who executes a voluntary disposition inter vivos of land, or a conveyance or transfer of land operating as a voluntary disposition inter vivos, to certify that the transaction does not form part of a larger transaction or of a series of transaction on which duty would be payable at a higher rate.

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