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To make provision for the better establishment of the identity of certain portions of ground situated at Pok Fu Lam in the Island of Hong Kong with the parcels and plots of ground at the said Pok Fu Lam that were demised under a Crown Lease dated 1 January 1893. [28 October 1966] (Originally 33 of 1966) Cap 118 Preamble WHEREAS- (1) by the said Crown Lease the said parcels of ground were demised respectively to the persons whose names are set out in a schedule to the said Lease for the terms of years stated in that schedule: (2) the said parcels of ground are set out and described in the said schedule and were according to the said Lease more particularly delineated and described on a plan of Pok Fu Lam deposited in the Land Registry: (Amended 8 of 1993 s. 2) (3) it appears that in association with the demise of a number of the said parcels of ground certain plots of ground were set aside as land for use in cultivation to be held at annual rents additional to those required to be paid in respect of such parcels of ground: (4) the said plan of Pok Fu Lam has been mislaid and cannot now be found in consequence of which some difficulty arises as to the identity as aforesaid of the said parcels and plots of ground: (5) for the avoidance of doubts and in the interests of the rightful lessees under the said Lease it is considered expedient that such identity be clearly established: Cap 118 s 1 Short title This Ordinance may be cited as the Crown Lease (Pok Fu Lam) Ordinance. Cap 118 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 3 of 2000 s. 3 In this Ordinance, unless the context otherwise requires- "demised" (批租) means demised under the Lease; "Director" (署长) means the Director of Lands or his duly authorized representative; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) "Lease" (官契) means the Indenture of Lease dated 1 January 1893, and made between the Crown of the one part and the several persons whose names are set out in the schedule to the Lease of the other part, whereby certain parcels of ground situated at Pok Fu Lam in the Island of Hong Kong were demised; "original plan" (原有图则) means the plan of Pok Fu Lam mentioned in the Lease as being deposited in the Land Registry; (Amended 8 of 1993 s. 2) "parcel" (幅) means any of the parcels of ground demised and set out and described in the schedule to the Lease; "plot" (块) means any of those plots of ground that in association with the demise of certain of the parcels appear to have been set aside as land for use in cultivation to be held at annual rents additional to the rents required to be paid in respect of such parcels; "published" (刊登) means published in the Gazette and in one daily newspaper printed in the English language for circulation in Hong Kong and in one such newspaper printed in the Chinese language. (Amended 3 of 2000 s. 3) Cap 118 s 3 Governor may direct the preparation of a plan As soon as may be after the commencement of this Ordinance the Governor may direct the Director to prepare a plan with the object of replacing for all purposes the original plan. Cap 118 s 4 Preparation of plan On receipt of the direction under section 3, the Director shall prepare the plan and may cause such data and information to be obtained as he thinks fit for the purpose of assisting in the preparation of the plan. Cap 118 s 5 Contents of plan The plan shall delineate and describe the parcels and plots in so far as is possible from existing records and the data and information obtained and shall- (a) indicate the position of each parcel and that of any plot set aside in association with the demise thereof; (b) give as far as practicable the current postal address of each parcel and any such plot; (c) give any other available information relevant to the establishment of the position of the parcels and plots. Cap 118 s 6 Completed plan to be open to inspection; and method of objection thereto Upon completion of the plan the Director shall cause a notice to be published declaring- (a) that the plan has been prepared and is available for inspection by the public; (b) a suitable place at which the plan may be so inspected and the hours during which it shall be open to such inspection; (c) that any person claiming to have an interest in any land comprised in the plan and who considers that the plan is incorrect in any manner that is prejudicial to such interest may, within 60 days after the date of the publication of such notice in the Gazette, or within such longer period as the Governor may allow in any particular case, serve upon the Director an application in writing specifying the nature of such interest and the manner in which such person considers the plan to be incorrect together with sufficient indication of the grounds for such consideration, and requesting that the plan be corrected accordingly. Cap 118 s 7 Approval of plan by Director (1) Upon the expiration of the period specified or allowed under section 6, the Director shall consider the applications (if any) received by him pursuant to that section and may direct such further data and information to be obtained relative to any such application as he thinks fit. (2) After consideration of such applications and, if he has so directed, of any such further data and information obtained, or, where no such applications are received by him, the Director may allow the plan to stand unamended or amend it in such manner as he thinks fit, and thereafter shall cause a notice to be published approving the plan, either in the form as made available to the public under section 6, or as amended in accordance with this subsection and specifying the manner in which the same has been amended. Cap 118 s 8 Application to District Court for amendment of plan Remarks: Adaptation amendments retroactively made - see 3 of 2000 s. 3 (1) Any person claiming to have an interest in any land comprised in the plan as approved under section 7(2) and who considers that such plan is incorrect in any manner that is prejudicial to such interest may, within 30 days after the publication under that subsection of the notice in the Gazette, apply to the District Court for an order directing the Director to amend the plan in the manner specified in the application or in such other manner as the court may think just. (2) Notwithstanding anything contained in the Crown Proceedings Ordinance (Cap 300), the Director shall be named as defendant in any application made under subsection (1), and the court, of its own motion or on application made to it, may in addition cause to be joined as co-defendant any person who it appears may be affected by any order which may be made directing the amendment of the plan. (3) In any case in which a person to be joined as a co-defendant in proceedings under this section is absent from Hong Kong or cannot, after reasonable inquiry, be found, the court may in its discretion appoint a solicitor to represent such person. (Amended 3 of 2000 s. 3) (4) An application to the District Court under this section shall be instituted by an originating summons and shall for all purposes relating to costs and fees be deemed to be an action in respect of which the value of the claim exceeds $500 but does not exceed $2000. Cap 118 s 9 District Court may order the amendment of the plan Where an application is made under section 8 within the time specified therein, the District Court, having heard the representations of the parties and any evidence adduced by them, may, if it thinks fit, order the Director to amend the plan as approved under section 7(2), either in the manner specified in the application or in such other manner as the court may think just. Cap 118 s 10 Appeal to a judge Any party to an application made under section 8 who is aggrieved by a decision of the District Court under section 9 may appeal against such decision within 14 days after the making thereof to a judge, who may confirm, reverse or vary the decision of the District Court, and the decision of the judge on any such appeal shall be final. Cap 118 s 11 Plan as approved or amended to take the place of original plan The plan, as approved under section 7(2), or, if amended by order of the District Court or a judge, as so amended after all applications and all appeals have been finally disposed of under sections 9 and 10, respectively, shall be deemed for all purposes to be the original plan; and the Director shall cause a notice to be published stating that the plan stands as so approved, or, where the plan is so amended, specifying the manner in which it is amended.