【法规名称】
【法规编号】 79707 什么是编号？
【正 文】
第3页 CAP 126 GOVERNMENT RIGHTS (RE-ENTRY AND VESTING REMEDIES) ORDINANCE
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[接上页] (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.(3) A petition or application under subsection (1) or (2) may be made within 6 months from the registration of the memorial of re-entry or vesting notice, as the case may be, but in the case of a petition to the Chief Executive the Chief Executive may extend this period where he considers it just. (4) A petition to the Chief Executive under subsection (1)(a) or (2)(a) shall be a bar to any subsequent application to the Court of First Instance under subsection (1)(b) or (2)(b). (Amended 25 of 1998 s. 2; 3 of 2000 s. 3) Cap 126 s 9 Power of Chief Executive or Chief Executive in Council to order cancellation of memorial of re-entry or vesting notice Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 40; 3 of 2000 s. 3 (1) Upon consideration of a petition under section 8, the Chief Executive may- (a) order the cancellation of the memorial of re-entry so far as it affects the lands and tenements in respect of which the petition was made or the cancellation of the vesting notice so far as it affects the relevant interest in respect of which the petition was made, upon such terms as to costs, expenses, damages, compensation, penalty or otherwise as he shall in his discretion think fit; or (b) direct that the petition be referred to the Chief Executive in Council.(2) The Chief Executive in Council, upon considering a petition referred to him under subsection (1), may- (a) order the cancellation of the memorial of re-entry so far as it affects the lands and tenements in respect of which the petition was made or the cancellation of the vesting notice so far as it affects the relevant interest in respect of which the petition was made, upon such terms as to costs, expenses, damages, compensation, penalty or otherwise as he shall in his discretion think fit; or (b) dismiss the petition. (Amended 3 of 2000 s. 3) Cap 126 s 10 Powers of Court of First Instance in respect of application for relief Remarks: Amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 s. 40 On the hearing of an application to the Court of First Instance under section 8, the Court may exercise the same powers and make the same decree or order as in an action between private parties for the same relief and may order the cancellation of the memorial of re-entry so far as it affects the lands and tenements in respect of which the application was made or the cancellation of the vesting notice so far as it affects the relevant interest in respect of which the application was made. (Amended 25 of 1998 s. 2) Cap 126 s 11 Cancellation of memorial of re-entry Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 ss. 40 & 105; 3 of 2000 s. 3 (1) A memorial of re-entry by the Government shall be taken to be cancelled in respect of the whole or part of the lands and tenements affected by it if a memorandum to the effect that the memorial is cancelled in respect of the whole or part of such lands and tenements by order of the Chief Executive or Chief Executive in Council or of the Court of First Instance, as the case may be, is written on the memorial and signed by the Land Registrar. (Amended 25 of 1998 s. 2; 3 of 2000 s. 3) (2) Immediately on cancellation in accordance with subsection (1), a memorial of re-entry, so far as it affects the lands and tenements specified in the memorandum, shall become void to all intents and purposes as if it had never been registered, and the lands and tenements described in the memorandum shall be ipso facto revested in the former owner for all his previous estate or interest therein; and the Government lease thereof, and every mortgage, charge, lien or other right or obligation previously existing in relation thereto shall be deemed to be as valid and subsisting in every respect as if no re-entry had been effected by the Government. (3) Notice of the cancellation of a memorial under subsection (1) shall, within 30 days thereof, be served upon the former owner by the Land Registrar and be published in the Gazette. (Amended 8 of 1993 s. 3; 29 of 1998 s. 105) Cap 126 s 12 Cancellation of vesting notice Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 s. 40; 3 of 2000 s. 3 (1) A vesting notice shall be taken to be cancelled in respect of the whole or part of the relevant interest affected by such notice if a memorandum to the effect that the vesting notice is cancelled in respect of the whole or part of such relevant interest by order of the Chief Executive or Chief Executive in Council or of the Court of First Instance, as the case may be, is written on the memorial of the vesting notice and signed by the Land Registrar. (Amended 25 of 1998 s. 2; 3 of 2000 s. 3) (2) Immediately on cancellation in accordance with subsection (1), a vesting notice so far as it affects the relevant interest specified in the memorandum shall become void to all intents and purposes as if the same had never been made or registered and the relevant interest and the rights and obligations specified in the memorandum shall be revested ipso facto in the former owner for all his previous estate or interest therein; and every mortgage, charge, lien or other right or obligation previously existing in relation thereto shall be deemed to be as valid and subsisting in every respect as if no vesting notice had been registered at the Land Registry. |
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