Registrar-Generals-Department-Annual-report-1972-1973 — Page 32

Apportionment of Crown Rent and Premium

68. Subject to any directions given by the Governor, the Land Officer has power under the Crown Rent and Premium (Apportion- ment) Ordinance to apportion, between the owners of the sections (or other divisions) into which a lot has been divided or between the owners of flats or other units in a building, the Crown rent and premium payable in respect of the lot. One of the effects of an apportionment of Crown rent and premium on a section is that the section is then deemed to be held under a separate Crown lease con- taining the same terms and conditions as the Crown lease of the whole lot, subject to a covenant to pay the determined Crown rent and the determined annual instalment of premium instead of the Crown rent and premium payable under the Crown lease of the whole lot. An apportionment of Crown rent and premium on a relevant interest (i.e. an undivided share in the land on which a building stands and the premises, usually a flat or shop, in that building to which it relates) replaces the collective liability of all the owners for payment of the whole Crown rent and premium payable in respect of the land with a liability on the individual owner of the relevant interest to pay direct to the Crown the determined Crown rent and the determined annual instalment of premium in respect of his relevant interest only.

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69. On 22nd June 1970 the Governor issued a direction to the Land Officer in respect of buildings, whether completed or not, where an assignment or an agreement for sale and purchase of a unit therein had been registered in the Land Office prior to 1st August 1970 but no instrument has been registered in the Land Office that contains a basis of apportionment acceptable to the Land Officer. The Governor's direction was that the Land Officer should not exercise his powers of apportionment in respect of relevant interests in these cases until either the owners have agreed amongst themselves upon a basis of appor- tionment acceptable to the Land Officer or some other method of dealing with such cases has been devised. On 19th December 1972 on the advice of Executive Council the Governor ordered that a Bill to amend the Crown Rent and Premium (Apportionment) Ordinance so as to alter the basis of apportionment in certain cases be introduced into the Legislative Council, and that the Governor's direction of 22nd June 1970 be revoked. At 31st March 1973 the Bill had been published but the Ordinance had not yet been enacted.

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