【法规名称】
【法规编号】 79653 什么是编号？
【正 文】
第2页 CAP 488 BLOCK CROWN LEASE (CHEUNG CHAU) ORDINANCE
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[接上页] (a) the same covenants, exceptions, reservations, powers and conditions contained in the separate Government lease deemed to have been granted to Wong Wai Tsak Tong under section 6, so far as they are applicable, provided that the sub-lessee who is deemed to be the lessee under section 4(2) shall replace Wong Wai Tsak Tong as the party bound; (b) without prejudice to paragraph (a), a covenant by the sub-lessee who is deemed to be the lessee under section 4(2) to pay directly to the Government the rent applicable under section 7.(3) A sub-lease which is deemed to be a Government lease under subsection (1) and the Government lease deemed to be granted to Wong Wai Tsak Tong under section 6 are Government leases for all purposes. (4) A new sub-lease which is deemed to be a direct lease from the Government under subsection (2) is, for all purposes, a lease granted directly by the Government. (Enacted 1995. Amended 29 of 1998 s. 93) Cap 488 s 6 Lots not sub-leased and lots to which sections 4 and 5 are inapplicable Remarks: Amendments retroactively made-see 29 of 1998 s. 94 (1) A separate Government lease of all the land or undivided shares in land held by Wong Wai Tsak Tong under the Block Crown Lease but in respect of which sections 4(1) and 5(1) have no effect is, on the commencement of this Ordinance, deemed to have been granted to Wong Wai Tsak Tong as from that date as Government lessee for the residue of the term of the Block Crown Lease as renewed under the New Territories (Renewable Government Leases) Ordinance (Cap 152) and extended under the New Territories Leases (Extension) Ordinance (Cap 150) and that Government lease contains the same covenants, exceptions, reservations, powers and conditions contained in the Block Crown Lease, so far as applicable. (2) As from the date of the deeming, under section 5(2), of a new sub-lease referred to in section 9(2) to be a direct lease from the Government, the land or undivided shares in land held under the separate Government lease deemed to have been granted to Wong Wai Tsak Tong under subsection (1) to which the deemed direct lease relates are deemed to have been surrendered to the Government, and the separate Government lease is deemed to have been modified to exclude that land or those undivided shares in land. (Enacted 1995. Amended 29 of 1998 s. 94) Cap 488 s 7 Rent for deemed leases Remarks: Amendments retroactively made-see 29 of 1998 s. 95 (1) Government rent payable for the period until 30 June 1997 for a sub-lease deemed to be a Government lease under section 5(1) or for the Government lease deemed to have been granted to Wong Wai Tsak Tong under section 6(1) is, in respect of the land or undivided shares in land, the subject of the deemed Government lease or the Government lease deemed to have been granted, in the amount specified in the Block Crown Lease in respect of the land or undivided shares in land. (2) Rent payable to the Government for the period from 1 July 1997 to 30 June 2047 for a sub-lease deemed to be a Government lease under section 5(1), for a new sub-lease under section 9(2) deemed to be a direct lease under section 5(2), or for the Government lease deemed to have been granted to Wong Wai Tsak Tong under section 6(1) is, in respect of the land or undivided shares in land, the subject of the deemed Government lease, the deemed direct lease or the Government lease deemed to have been granted, an amount equivalent to 3% of the rateable value from time to time of the land or undivided shares in land. (Enacted 1995. Amended 29 of 1998 s. 95) Cap 488 s 8 Existing burden and covenants Remarks: Amendments retroactively made-see 29 of 1998 s. 96 Every new Government lease or direct lease deemed to have been granted under sections 5 and 6 and the land thereby deemed to be demised shall be subject to such of the following encumbrances and interests as the land and the sub-lease, the new sub-lease under section 9(2) and the Block Crown Lease relating thereto were subject to immediately before this Ordinance comes into operation- (Amended 29 of 1998 s. 96) (a) any mortgage or charge, whether legal or equitable, and whether registered in a Land Registry register or not; (b) any public rights; and (c) any other rights, easements, tenancies or other burdens or encumbrances of whatsoever kind or nature, except such as were created by instrument and were not thereby expressed to continue after the date this Ordinance comes into operation. (Enacted 1995) Cap 488 s 9 Special sub-leases Remarks: Amendments retroactively made-see 29 of 1998 s. 96 (1) Sections 4(1) and 5(1) do not apply to a sub-lease which by agreement between Wong Wai Tsak Tong and the sub-lessee has been granted or renewed for any period extending beyond 9 November 1994 and under which agreement the Tong and the sub-lessee have agreed on the amount of rent payable to the Tong under the sub-lease after 30 June 1997. (2) A sub-lessee under a sub-lease referred to in subsection (1) is deemed, immediately on the date of the deemed granting of a separate Government lease to Wong Wai Tsak Tong under section 6(1), to be granted by Wong Wai Tsak Tong a new sub-lease as from that date for the residue of the term of that sub-lease on the same terms and conditions as the sub-lease referred to in subsection (1). (Amended 29 of 1998 s. 96) |
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