Remarks: Amendments retroactively made - see 29 of 1998 ss. 39 & 40 To make provisions enabling certain interests in land and connected rights and obligations to be vested in The Financial Secretary Incorporated in circumstances where the Government is entitled to exercise a right of re-entry under a Government lease or default is made in the payment of Government rent or premium, and to consolidate those provisions with the provisions set forth in the repealed Crown Rights (Re-entry) Ordinance (Cap 126 1964 Ed.), and for connected or incidental purposes. (Amended L.N. 180 of 1985; 29 of 1998 s. 39) [1 June 1970] L.N. 73 of 1970 (Originally 44 of 1970) Cap 126 s 1 Short title Remarks: Amendments retroactively made - see 29 of 1998 s. 40 PART I PRELIMINARY This Ordinance may be cited as the Government Rights (Re-entry and Vesting Remedies) Ordinance. (Amended 29 of 1998 s. 40) Cap 126 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 40 & 41 In this Ordinance, unless the context otherwise requires- "determined annual instalment of premium" (已厘定的每年的地价分期付款) means the sum determined by the Director of Lands under section 12 of the Government Rent and Premium (Apportionment) Ordinance (Cap 125) as the annual instalment of premium payable in respect of a relevant interest; (Amended L.N. 291 of 1993; 29 of 1998 s. 41) "determined Government rent" (已厘定的地税) means the sum determined by the Director of Lands under section 12 of the Government Rent and Premium (Apportionment) Ordinance (Cap 125) as the Government rent payable in respect of a relevant interest; (Replaced 29 of 1998 s. 41) "former owner" (前拥有人) in relation to a lot or relevant interest means the owner of that lot or interest immediately before the time of registration in the Land Registry of a memorial of re-entry or a vesting notice, as the case may be; "lot" (地段) means any piece or parcel of ground the subject of a Government lease and also means a section which by virtue of section 8(3) or 27(2) of the Government Rent and Premium (Apportionment) Ordinance (Cap 125) is deemed to be a lot for the purposes of that Ordinance; (Amended 29 of 1998 s. 41) "new Government lease" (新政府租契) means such a lease as is deemed to be granted under Part II of the Government Leases Ordinance (Cap 40); (Added 68 of 1977 s. 2. Amended 29 of 1998 s. 41) "owner" (拥有人) means- (a) the person whose name is registered in the Land Registry as that of the owner or one of the owners of the lot or relevant interest, as the case may be; (b) a mortgagee under a mortgage which is registered in the Land Registry; and (c) the executors, administrators assigns, and a successor in title of an owner as defined in paragraph (a) or (b);"relevant interest" (有关权益) means the undivided share in the lot on which a building stands, the owner of which share, as between himself and the owners of the other undivided shares in that lot, is entitled under the terms of an instrument registered in the Land Registry to exclusive possession of premises in that building; "The Financial Secretary Incorporated" (财政司司长法团) means the corporation incorporated under that name by the Financial Secretary Incorporation Ordinance (Cap 1015); (Amended L.N. 180 of 1985; L.N. 362 of 1997) "vesting notice" (转归通知) means a vesting notice registered in the Land Registry under section 7. (Amended 8 of 1993 ss. 2 & 3) Cap 126 s 3 Exercise of right of re-entry by the Government Remarks: Amendments retroactively made - see 29 of 1998 ss. 40 & 105 PART II EXERCISE OF RIGHT OF RE-ENTRY When a right of re-entry upon lands or tenements has accrued to the Government, such right may be exercised or enforced without any actual re-entry being made on the premises. (Amended 29 of 1998 s. 105) [cf. 1859 c. 21 s. 25 U.K.] Cap 126 s 4 Memorial of re-entry Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 40 & 105; 3 of 2000 s. 3 (1) Whenever it is necessary to enforce a right of re-entry by the Government upon any lands or tenements for the breach of any covenant in the Government lease thereof, or for the breach of any condition or stipulation of any tenancy thereof, a memorial of an instrument of re-entry, under the hand of any public officer authorized by the Chief Executive to sign such instruments, may be registered in the Land Registry. (Amended 8 of 1993 s. 2; 3 of 2000 s. 3) (2) Immediately on the registration of such a memorial, the Government shall be deemed to have re-entered upon the lands or tenements described therein and in respect of which the right of re-entry has accrued, and the said lands and tenements shall thereby become re-vested in the Government as fully as if the Government lease thereof had determined, or, as fully as if the tenancy had determined, as the case may be. (Amended 29 of 1998 s. 105) Cap 126 s 5 Notice of registration of memorial Remarks: Amendments retroactively made - see 29 of 1998 ss. 40 & 105 Notice of the registration of a memorial of re-entry by the Government shall be published in the Gazette. (Amended 29 of 1998 s. 105) Cap 126 s 6 Acceptance of rent not to operate as a waiver of right of re-entry or forfeiture Remarks: Amendments retroactively made - see 29 of 1998 ss. 40 & 105 The acceptance of rent by or on behalf of the Government shall not operate as a waiver by the Government of any right of re-entry accruing or of any forfeiture incurred by reason of either the breach of any covenant in a Government lease or the breach of any condition or stipulation in any tenancy of land held of the Government. (Amended 29 of 1998 s. 105) Cap 126 s 7 Power to vest relevant interest in The Financial Secretary Incorporated Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 40, 42 & 105; 3 of 2000 s. 3 PART III VESTING OF RELEVANT INTEREST IN THE FINANCIAL SECRETARY INCORPORATED (Amended L.N. 180 of 1985) (1) Where- (a) a right of re-entry upon land accrues to the Government in consequence of the breach of a covenant, condition or stipulation in a Government lease, a new Government lease or tenancy thereof- (Amended 68 of 1977 s. 3; L.N. 34 of 1990; 29 of 1998 s. 105) (i) by the owner of a relevant interest, or a tenant or other person occupying premises, the entitlement to exclusive possession of which is attached to the ownership of the relevant interest; or (ii) in respect of a relevant interest; or(b) default is made in the payment of determined Government rent or determined annual instalment of premium in respect of a relevant interest, (Amended 29 of 1998 s. 105)a vesting notice, under the hand of any public officer authorized by the Chief Executive to sign such instruments, may be registered in the Land Registry. (Amended 3 of 2000 s. 3) (1A) Where default is made in the payment of a demand under section 13(1) of the Government Leases Ordinance (Cap 40) a vesting notice, under the hand of any public officer authorized by the Chief Executive to sign such instruments, may be registered in the Land Registry against the relevant interest of which the tenement to which the demand relates forms a part. (Added 68 of 1977 s. 3. Amended 29 of 1998 s. 42; 3 of 2000 s. 3) (2) Upon the registration of a vesting notice in the Land Registry- (a) the relevant interest against which the Government is entitled to proceed; and (Amended 29 of 1998 s. 105) (b) the rights and obligations of the former owner of that relevant interest under any instrument registered in the Land Registry and relating to the occupation of premises and connected matters,shall vest in The Financial Secretary Incorporated absolutely and free from- (Amended L.N. 180 of 1985) (i) any mortgage or charge, whether legal or equitable and whether registered in the Land Registry or not; (ii) any lien; (iii) any right vested in any person by which the relevant interest is or might become security for the payment or repayment of money; and (iv) any right or obligation contained in any instrument not registered in the Land Registry.(3) The Director of Lands shall cause a copy of every vesting notice registered in the Land Registry under subsection (1) or (1A)- (Amended 68 of 1977 s. 3; L.N. 291 of 1993) (a) to be served, in the manner provided by section 13, on the former owner of the relevant interest; and (b) to be published in the Gazette. (Amended 8 of 1993 ss. 2 & 3) Cap 126 s 8 Right to apply for relief against re-entry or vesting Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 ss. 40 & 105; 3 of 2000 s. 3 PART IV RELIEF AGAINST RE-ENTRY UPON LANDS OR TENEMENTS OR VESTING OF RELEVANT INTEREST (1) Subject to subsections (3) and (4), where a memorial of re-entry has been registered under section 4 in the Land Registry, the former owner may- (Amended 8 of 1993 s. 2) (a) petition the Chief Executive to grant him relief against the re-entry; (b) apply to the Court of First Instance in its equitable jurisdiction for relief against the re-entry- (i) if he disputes the right of the Government to re-enter; or (Amended 29 of 1998 s. 105) (ii) if the circumstances are such that he would have been entitled to apply for relief against re-entry had the lessor been a private party and exercised his right of re-entry.(2) Subject to subsections (3) and (4), where a vesting notice has been registered under section 7 in the Land Registry, the former owner of a relevant interest which is the subject of the vesting notice may- (Amended 8 of 1993 s. 2) (a) petition the Chief Executive to grant him relief against the vesting; (b) apply to the Court of First Instance in its equitable jurisdiction for relief against the vesting- (i) if he disputes the right of the Government to proceed under section 7; or (Amended 29 of 1998 s. 105) (ii) if the circumstances are such that he would have been entitled to apply for relief against re-entry had the lessor been a private party and exercised his right of re-entry.(3) A petition or application under subsection (1) or (2) may be made within 6 months from the registration of the memorial of re-entry or vesting notice, as the case may be, but in the case of a petition to the Chief Executive the Chief Executive may extend this period where he considers it just. (4) A petition to the Chief Executive under subsection (1)(a) or (2)(a) shall be a bar to any subsequent application to the Court of First Instance under subsection (1)(b) or (2)(b). (Amended 25 of 1998 s. 2; 3 of 2000 s. 3) Cap 126 s 9 Power of Chief Executive or Chief Executive in Council to order cancellation of memorial of re-entry or vesting notice Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 40; 3 of 2000 s. 3 (1) Upon consideration of a petition under section 8, the Chief Executive may- (a) order the cancellation of the memorial of re-entry so far as it affects the lands and tenements in respect of which the petition was made or the cancellation of the vesting notice so far as it affects the relevant interest in respect of which the petition was made, upon such terms as to costs, expenses, damages, compensation, penalty or otherwise as he shall in his discretion think fit; or (b) direct that the petition be referred to the Chief Executive in Council.(2) The Chief Executive in Council, upon considering a petition referred to him under subsection (1), may- (a) order the cancellation of the memorial of re-entry so far as it affects the lands and tenements in respect of which the petition was made or the cancellation of the vesting notice so far as it affects the relevant interest in respect of which the petition was made, upon such terms as to costs, expenses, damages, compensation, penalty or otherwise as he shall in his discretion think fit; or (b) dismiss the petition. (Amended 3 of 2000 s. 3) Cap 126 s 10 Powers of Court of First Instance in respect of application for relief Remarks: Amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 s. 40 On the hearing of an application to the Court of First Instance under section 8, the Court may exercise the same powers and make the same decree or order as in an action between private parties for the same relief and may order the cancellation of the memorial of re-entry so far as it affects the lands and tenements in respect of which the application was made or the cancellation of the vesting notice so far as it affects the relevant interest in respect of which the application was made. (Amended 25 of 1998 s. 2) Cap 126 s 11 Cancellation of memorial of re-entry Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 ss. 40 & 105; 3 of 2000 s. 3 (1) A memorial of re-entry by the Government shall be taken to be cancelled in respect of the whole or part of the lands and tenements affected by it if a memorandum to the effect that the memorial is cancelled in respect of the whole or part of such lands and tenements by order of the Chief Executive or Chief Executive in Council or of the Court of First Instance, as the case may be, is written on the memorial and signed by the Land Registrar. (Amended 25 of 1998 s. 2; 3 of 2000 s. 3) (2) Immediately on cancellation in accordance with subsection (1), a memorial of re-entry, so far as it affects the lands and tenements specified in the memorandum, shall become void to all intents and purposes as if it had never been registered, and the lands and tenements described in the memorandum shall be ipso facto revested in the former owner for all his previous estate or interest therein; and the Government lease thereof, and every mortgage, charge, lien or other right or obligation previously existing in relation thereto shall be deemed to be as valid and subsisting in every respect as if no re-entry had been effected by the Government. (3) Notice of the cancellation of a memorial under subsection (1) shall, within 30 days thereof, be served upon the former owner by the Land Registrar and be published in the Gazette. (Amended 8 of 1993 s. 3; 29 of 1998 s. 105) Cap 126 s 12 Cancellation of vesting notice Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 s. 40; 3 of 2000 s. 3 (1) A vesting notice shall be taken to be cancelled in respect of the whole or part of the relevant interest affected by such notice if a memorandum to the effect that the vesting notice is cancelled in respect of the whole or part of such relevant interest by order of the Chief Executive or Chief Executive in Council or of the Court of First Instance, as the case may be, is written on the memorial of the vesting notice and signed by the Land Registrar. (Amended 25 of 1998 s. 2; 3 of 2000 s. 3) (2) Immediately on cancellation in accordance with subsection (1), a vesting notice so far as it affects the relevant interest specified in the memorandum shall become void to all intents and purposes as if the same had never been made or registered and the relevant interest and the rights and obligations specified in the memorandum shall be revested ipso facto in the former owner for all his previous estate or interest therein; and every mortgage, charge, lien or other right or obligation previously existing in relation thereto shall be deemed to be as valid and subsisting in every respect as if no vesting notice had been registered at the Land Registry. (3) Notice of the cancellation of a vesting notice under subsection (1) shall, within 30 days thereof, be served upon the former owner by the Land Registrar and be published in the Gazette. (Amended 8 of 1993 ss. 2 & 3) Cap 126 s 13 Service Remarks: Amendments retroactively made - see 29 of 1998 s. 40 PART V MISCELLANEOUS For the purposes of this Ordinance, service of any notice may be effected- (a) personally; or (b) by registered post; or (c) in the case of a notice under section 7(3) or 12(3)- (i) by leaving the notice with an adult person who appears to be an occupier of the premises the entitlement to the exclusive possession of which is attached to the relevant interest affected by the notice; or (ii) by posting the notice upon a conspicuous part of such premises. Cap 126 s 14 Ordinance not in derogation of other remedies Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 40 & 105 Nothing in this Ordinance shall be construed so as to take away or affect any other remedies of the Government for the enforcement of rights of re-entry upon any lands or buildings. (Amended 29 of 1998 s. 105) Cap 126 s 15 Saving Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 40 Notwithstanding the repeal of the Crown Rights (Re- entry) Ordinance (Cap. 126 1964 Ed.), that Ordinance, in this section referred to as the repealed Ordinance, shall continue to have effect for the purpose of- (a) enabling any person who, immediately before the commencement of this Ordinance, has a right to apply for relief under the provisos to section 3 or under section 4 of the repealed Ordinance, to apply for relief in all respects and subject to the same limitations, as if the repealed Ordinance had not been repealed; and (b) enabling any application for relief under the provisos to section 3 or under section 4 of the repealed Ordinance, pending at the time of commencement of this Ordinance or made after the commencement of this Ordinance by virtue of paragraph (a) to proceed and be determined in all respects as if the repealed Ordinance had not been repealed.
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