【法规名称】
【法规编号】 79647 什么是编号？
【正 文】
第6页 CAP 545 LAND (COMPULSORY SALE FOR REDEVELOPMENT) ORDINANCE
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[接上页] (a) payable by- (i) the majority owner of the lot concerned to the tenant under a lease referred to in subsection (1)(b) which relates to property on the lot which was owned by the majority owner immediately before the purchaser of the lot became the owner of the lot (and whether or not the majority owner is the purchaser); (ii) the minority owner of the lot concerned to the tenant under a lease referred to in subsection (1)(b) which relates to property on the lot which was owned by the minority owner immediately before the purchaser of the lot became the owner of the lot (and whether or not the minority owner is the purchaser);(b) determined by reference to any of the provisions of the Landlord and Tenant (Consolidation) Ordinance (Cap 7), and whether with or without modifications thereto specified in the order.(4) Without prejudice to the generality of subsection (3), the Tribunal may take into account- (a) the representations, if any, of the tenant as to whether compensation should be payable and, if so, the amount of the compensation; (b) for the purposes of determining any such compensation, the benefit, if any, afforded the tenant by virtue of the operation of subsection (1)(b)(ii).(5) No compensation shall be payable under this Ordinance to the tenant in relation to any lease entered into on or after the date on which the order for sale of the lot concerned was made. (6) In this section- "lease" (租契) includes every agreement for the letting of any premises, whether oral or in writing, and howsoever described; "prior owner" (前拥有人), in relation to a lot- (a) means a person who formerly owned an undivided share in the lot; (b) does not include the purchaser of the lot;"rights" (权利), in relation to a prior owner of a lot, means all rights which- (a) were exercisable by virtue of the prior owner's ownership of an undivided share in the lot; and (b) affect the lot. Cap 545 s 9 Conditions deemed to be conditions of Government lease, etc. Each condition specified in Schedule 3 shall be deemed to be a condition of the Government lease of the lot the subject of an order for sale and, accordingly, a breach of such a condition shall entitle the Government to re-enter the lot under and in accordance with the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap 126). Cap 545 s 10 Basis of apportionment of expenses and proceeds (1) The expenses of the auction or of the other means referred to in section 5(1)(b) by which the lot is sold incurred by the trustees under an order for sale shall be borne- (a) where there is no purchaser of the lot, solely by the majority owner of the lot; and (b) where there is a purchaser of the lot, by the majority owner and minority owner of the lot as apportioned amongst them on the basis specified in Part 3 of Schedule 1.(2) The trustees may deduct the expenses required to be borne by the majority owner or any minority owner of the lot pursuant to subsection (1) from any deposit money of the purchase price of the lot that is apportioned to such owner. (3) The apportionment between the majority owner and minority owner of the lot the subject of an order for sale of- (a) the proceeds of sale of the lot; and (b) any deposit money forfeited as referred to in section 5(3)(b),shall be on the basis specified in Part 3 of Schedule 1. Cap 545 s 11 Application of proceeds of sale (1) The proceeds of sale for the lot the subject of an order for sale shall, after deduction of- (a) the expenses referred to in section 10(1) (unless such expenses have already been deducted in accordance with section 10(2) or otherwise paid); and (b) the legal costs on the assignment of the lot incurred by the trustees under the order as assignor to the assignment,be paid to the trustees. (2) The trustees under an order for sale shall apply the proceeds of sale paid to them in respect of the lot the subject of the order in the following order- (a) first, in the discharge of any liability due to the Government in respect of the lot; (b) second, subject to subsection (3), in the discharge of any incumbrance affecting the lot; (c) third, subject to any directions given by virtue of section 4(6)(a)(iii)(A) and (B) and to subsection (4), in payment of the residue to- (i) the majority owner of the lot in accordance with directions but only after any compensation payable by the majority owner under section 8(3) to the tenant concerned has been deducted by the trustees out of the residue payable to the majority owner; and (ii) the minority owner of the lot in accordance with directions but only after any compensation payable by the minority owner under section 8(3) to the tenant concerned has been deducted by the trustees out of the residue payable to the minority owner.(3) The trustees under an order for sale do not have to comply with subsection (2)(b)- (a) where the purchaser of the lot the subject of the order is the majority owner or any minority owner of the lot; and |
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