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[接上页] (a) has been exempted from Part II of the New Territories Ordinance (Cap 97) under section 7 thereof; or (b) is declared to be subject to this Ordinance by the Chief Executive by notice in the Gazette. (Amended 3 of 2000 s. 3)(2) A notice under subsection (1)(b) may specify the date from which the land shall be subject to this Ordinance. Cap 125 s 4 Power of Chief Executive to give directions to Director of Lands Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 36; 3 of 2000 s. 3 (1) The Chief Executive may give to the Director of Lands any public officer such directions as he thinks fit with respect to the exercise or performance of their powers, functions and duties under this Ordinance, either generally or in any particular case. (2) The Director of Lands and every public officer shall, in the exercise or performance of his powers, functions and duties under this Ordinance, comply with any directions given by the Chief Executive under subsection (1). (Amended 8 of 1993 s. 3; L.N. 291 of 1993; 3 of 2000 s. 3) Cap 125 s 5 Power to apportion on section Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105; 3 of 2000 s. 3 PART II APPORTIONMENT ON SECTIONS Subject to any directions given by the Chief Executive under section 4, the Director of Lands may, if he thinks fit, either of his own motion or on the application of the owner, determine in accordance with this Ordinance- (Amended 8 of 1993 s. 3; L.N. 291 of 1993; 3 of 2000 s. 3) (a) the Government rent payable in respect of a section; and (Amended 29 of 1998 s. 105) (b) where the principal premium is payable by instalments, the annual instalment of that premium payable in respect of a section. Cap 125 s 6 Apportionment of Government rent Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105 (1) If the Director of Lands decides in accordance with section 5 to determine the Government rent payable in respect of a section, then, subject to subsection (2), the Government rent payable in respect of that section shall be determined by the Director of Lands in the following manner, that is to say- (a) in accordance with any apportionment of the principal Government rent appearing in the Government Rent Roll; or (b) in accordance with any apportionment of the principal Government rent made in an instrument which is registered in the Land Registry; or (c) if there is no such apportionment as is referred to in paragraph (a) or (b), so that it bears the same proportion to the principal Government rent as the area of the section bears to the area of the lot.(2) The Director of Lands shall add to the Government rent determined in accordance with subsection (1)- (a) such sum as may be necessary to make the same an even number of dollars; and (b) a further sum of $2,and the determined Government rent payable in respect of the section shall be the sum so ascertained. (Amended 8 of 1993 s. 3; L.N. 291 of 1993; 29 of 1998 s. 105) Cap 125 s 7 Apportionment of premium on section Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 36 (1) If the Director of Lands decides in accordance with section 5 to determine the annual instalment of premium payable in respect of a section, then, subject to subsection (2), the annual instalment of premium payable in respect of that section shall be determined by the Director of Lands in the following manner, that is to say- (Amended 8 of 1993 s. 2) (a) in accordance with any apportionment of the annual instalment of the principal premium made in an instrument which is registered in the Land Registry; or (Amended 8 of 1993 s. 2) (b) if there is no such apportionment as is referred to in paragraph (a), so that it bears the same proportion to the annual instalment of the principal premium as the area of the section bears to the area of the lot.(2) The Director of Lands shall add to the annual instalment of premium determined in accordance with subsection (1)- (Amended 8 of 1993 s. 2) (a) such sum as may be necessary to make the same an even number of dollars; and (b) a further sum of $10,and the determined annual instalment of premium payable in respect of the section shall be the sum so ascertained. (L.N. 291 of 1993) Cap 125 s 8 Effect of apportionment on section Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105 (1) With effect from the publication in the Gazette of notice under section 22(1), the owner of the section shall hold the same as if there had been granted to him a separate Government lease of the section for the residue of the term of years created by the Government lease of the lot, containing, so far as they are applicable thereto, the covenants (other than the covenants to pay the Government rent and the premium, if any), stipulations, exceptions, reservations, provisos, powers and conditions contained in the said Government lease of the lot. (2) There shall be deemed to be included in such separate Government lease of the section- |