【法规名称】
【法规编号】 79681 什么是编号？
【正 文】
第7页 CAP 219 CONVEYANCING AND PROPERTY ORDINANCE
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[接上页] Any instrument (whether executed before or after the commencement of this section) expressed to be supplemental to a previous instrument shall be read and have effect as if the supplemental instrument contained the full recital of the previous instrument. [cf. 1925 c. 20 s. 58 U.K.] Cap 219 s 29 Effect of licences or permits granted to lessees Remarks: Amendments retroactively made - see 29 of 1998 s. 54 (1) Where a licence or permit is granted to a lessee to do any act, the licence or permit, unless otherwise expressed, extends only to- (a) the permission actually given; or (b) the specific breach of any provision or covenant referred to; or (c) any other matter thereby specifically authorized to be done,and the licence or permit does not prevent any proceeding for any subsequent breach unless otherwise specified in the licence or permit. (2) Notwithstanding any such licence or permit- (a) any right of re-entry contained in the lease remains in full force and is available as against any subsequent breach of covenant, condition or other matter not specifically authorized or waived, in the same manner as if no licence or permit had been granted; and (b) any right of re-entry remains in force in all respects as if the licence or permit has not been granted, except in respect of the particular matter authorized to be done.(3) Where in any lease there is a right of re-entry on the lessee assigning, subletting or doing any other specified act without a licence or permit, and a licence or permit is granted - (a) to any one of 2 or more lessees to do any act, or to deal with his share or interest; or (b) to any lessee, or to any one of 2 or more lessees to assign or underlet part only of the land, or to do any act in respect of part only of the land,the licence or permit does not operate to extinguish the right of re-entry in case of any breach of covenant or condition by the co-lessee of another share or interest in the land, or by the lessee of the rest of the land (as the case may be) in respect of such share or interest or remaining land, but the right of re-entry remains in force in respect of the share, interest or land not the subject of the licence or permit. (4) This section applies to a licence or permit granted before or after the commencement of this section. (5) Nothing in this section shall affect the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap 126). (Amended 29 of 1998 s. 54) [cf. 1925 c. 20 s. 143 U.K.] Cap 219 s 30 Apportionment of conditions on severance (1) Notwithstanding the severance by assignment or otherwise of the reversionary estate in any land comprised in a lease, and notwithstanding the avoidance or cesser in any other manner of the term granted by a lease as to part only of the land comprised therein, every condition or right of re-entry, and every other condition contained in the lease, shall be apportioned, and shall remain annexed to the severed parts of the reversionary estate as severed, and shall be in force with respect to the terms whereon each severed part is reversionary, or the term in the part of the land as to which the term has not been surrendered, or has not been avoided or has not otherwise ceased, in like manner as if the land comprised in each severed part, or the land as to which the term remains subsisting, as the case may be, had alone originally been comprised in the lease. (2) In this section "right of re-entry" (重收权) includes a right to determine the lease by notice to quit or otherwise or to give notice or make an application under any law which may result in the determination of the lease or the grant of a new lease; but where the notice or application is served by a person entitled to a severed part of the reversion so that it extends to part only of the land demised, the lessee may within one month determine the lease in regard to the rest of the land by giving to the owner of the reversionary estate therein a counter notice effective at the same time as the notice or application served by the person entitled to the severed part of the reversion is effective to determine the lease of that part. (3) This section applies to leases made before or after the commencement of this section and whether the severance of the reversionary estate or the partial avoidance or cesser of the term was effected before or after such commencement. [cf. 1925 c. 20 s. 140 U.K.] Cap 219 s 31 Rent and benefit of lessee's covenants to run with the reversion Remarks: Amendments retroactively made - see 29 of 1998 s. 54 (1) Rent reserved by a lease, and the benefit of every covenant or provision therein contained, having reference to the subject-matter thereof, and on the lessee's part to be observed or performed, and every condition of re-entry and other condition therein contained, shall be annexed and incident to and shall go with the reversionary estate in the land, or in any part thereof, immediately expectant on the term granted by the lease, notwithstanding severance of that reversionary estate, and without prejudice to any liability affecting a covenantor or his estate. |
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