【法规名称】
【法规编号】 79721 什么是编号？
【正 文】
CAP 40 GOVERNMENT LEASES ORDINANCE
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Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 17 & 18 To make provision for the renewal of certain Government leases. (Amended 29 of 1998 s. 17) [14 December 1973] (Originally 75 of 1973) Cap 40 s 1 Short title Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 18 PART I PRELIMINARY This Ordinance may be cited as the Government Leases Ordinance. (Amended 29 of 1998 s. 18) Cap 40 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 18 & 105 In this Ordinance, unless the context otherwise requires- "Commissioner" (差饷物业估价署署长) means the Commissioner of Rating and Valuation; "Director" (地政总署署长) means the Director of Lands; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) "lot" (地段) means any piece or parcel of ground demised under a Government lease; (Amended 29 of 1998 s. 105) "new Government lease" (新政府租契) means such a lease as is deemed to be granted under Part II; (Amended 29 of 1998 s. 105) "new Government rent" (新地税) means such a rent as shall be fixed under Part II; (Amended 29 of 1998 s. 105) "published" (刊登) means published in the Gazette and in one daily newspaper printed in the English language for circulation in Hong Kong and in one daily newspaper printed in the Chinese language for circulation in Hong Kong; "relevant day" (有关日子) means 1 July 1973 or the day immediately following the day of expiration of the Government lease, whichever is the later; (Amended 29 of 1998 s. 105) "renewable Government lease" (可续期政府租契) means a Government lease to which the Ordinance applies by virtue of section 3; (Amended 29 of 1998 s. 105) "scheduled lot" (附表地段) means a lot specified in the Schedule; "section" (分段) means any portion of a lot which has been- (a) assigned or alienated for the whole of the term created by the renewable Government lease of the lot; or (Amended 29 of 1998 s. 105) (b) declared to have been divided or severed from the remainder of the lot,by or under an instrument which is registered in the Land Registry and any portion of a lot retained following such assignment or alienation; (Amended 8 of 1993 s. 2)"tenement" (物业单位) means any land (including land covered with water) or any building, structure, or part thereof which is held or occupied as a distinct or separate tenancy or holding. Cap 40 s 3 Application Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 18, 19 & 105; 3 of 2000 s. 3 (1) Subject to subsection (2), this Ordinance applies- (a) in the case of Government leases which expired before the commencement of this Ordinance- (i) to every such Government lease under which land in New Kowloon or in any other part of the New Territories was demised for a term of 75 years and which contained a right of renewal for a further term; and (ii) to the Government lease of each lot specified in the Schedule; and(b) in the case of Government leases which expire after the commencement of this Ordinance- (i) to every such Government lease under which land in Hong Kong (other than the New Territories) is demised for a term of 99 or 75 years and which contains a right of renewal for a further term; and (ii) to every such Government lease under which land in New Kowloon or in any other part of the New Territories is demised for a term of 21 years and which contains a right of renewal for a further term.(2) This Ordinance does not apply to any lease to which the New Territories (Renewable Government Leases) Ordinance (Cap 152) applies. (Amended 29 of 1998 s. 19) (3) The Chief Executive may by order amend the Schedule. (Amended 3 of 2000 s. 3) (Amended 29 of 1998 s. 105) Cap 40 s 4 Renewal of Government leases which expired before commencement of Ordinance Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 18, 20 & 105 PART II RENEWAL OF GOVERNMENT LEASES (Amended 29 of 1998 s. 20) (1) Where a renewable Government lease of a lot expired before the commencement of this Ordinance and the lot had not been divided into sections before the expiration of the lease, the right of renewal contained in the lease shall be deemed to have been exercised by the person or all the persons, if more than one, entitled to that right immediately before the expiration of the lease and there shall be deemed to have been granted to such person or persons on the day following the day on which the lease expired a new Government lease of the lot. (2) Where a renewable Government lease of a lot expired before the commencement of this Ordinance and the lot had been divided into sections before the expiration of the lease, the right of renewal contained in the lease shall be deemed to have been exercised by the persons entitled to that right immediately before the expiration of the lease, and there shall be deemed to have been granted to such persons on the day following the day on which the lease expired separate new Government leases of the sections of the lot respectively held by them under the lease. |
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