【法规名称】
【法规编号】 79707 什么是编号？
【正 文】
第2页 CAP 126 GOVERNMENT RIGHTS (RE-ENTRY AND VESTING REMEDIES) ORDINANCE
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[接上页] 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) |
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