【法规名称】
【法规编号】 79721 什么是编号？
【正 文】
第2页 CAP 40 GOVERNMENT LEASES ORDINANCE
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[接上页] (Amended 29 of 1998 s. 105) Cap 40 s 5 Renewal of Government leases expiring after commencement of Ordinance Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 18 & 105 (1) Where a renewable Government lease of a lot expires after the commencement of this Ordinance and the lot has not been divided into sections before the expiration of the lease, the right of renewal contained in the lease shall, if the lease has not been renewed pursuant to the right of renewal contained therein before it expires, 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 be 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 expires after the commencement of this Ordinance and the lot has been divided into sections before the expiration of the lease, the right of renewal contained in the lease shall, if the lease has not been renewed pursuant to the right of renewal contained therein, before it expires, be deemed to have been exercised by all the persons entitled to that right immediately before the expiration of the lease, and there shall be deemed to be 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. (Amended 29 of 1998 s. 105) Cap 40 s 6 Person entitled to renew Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 18 & 105 For the avoidance of doubt, it is hereby declared that a person entitled to a right of renewal contained in a renewable Government lease referred to in sections 4 and 5 means the person who is registered in the Land Registry on the date of expiration of the lease as the owner or one of the owners of the lot to which the lease relates. (Amended 8 of 1993 s. 2; 29 of 1998 s. 105) Cap 40 s 7 Terms of new Government lease Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 18 & 105 Every new Government lease shall be deemed- (a) to be for the same term as is specified in the proviso for renewal in the renewable Government lease of the lot or section to which the new Government lease relates; (b) to commence immediately on the expiration of the term of the renewable Government lease of the lot or section to which the new Government lease relates; (c) to confer on the persons (if more than one) who were entitled to the right of renewal under the renewable Government lease the same shares and interests as they respectively enjoyed under the renewable Government lease immediately before its expiration. (Amended 29 of 1998 s. 105) Cap 40 s 8 Covenants, etc. in the new Government lease Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 18 & 105 Every new Government lease shall be deemed to contain- (a) a reservation of the new Government rent in respect of the lot or section to which the new Government lease relates; (b) a covenant by the lessee to pay the new Government rent in the same manner and on the same days as are specified in the renewable Government lease of the lot or section to which the new Government lease relates; (c) the same covenants, exceptions, reservations, stipulations, provisos and declarations (including the right of re-entry) mutatis mutandis as are contained in the renewable Government lease of the lot or section to which the new Government lease relates other than- (i) the covenant to pay the Government rent; (ii) the proviso for renewal on the expiration of the term; (iii) any covenant or proviso expressed not to continue to apply after the renewal of the renewable Government lease;(d) a covenant by the lessee to perform, observe and comply with the covenants, exceptions, reservations, stipulations, provisos and declarations deemed to be contained in the new Government lease by virtue of paragraph (c). (Amended 29 of 1998 s. 105) Cap 40 s 9 New Government rent of a lot or section held under a new Government lease Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 18 & 21; 3 of 2000 s. 3 (1) Subject to subsection (9) the new Government rent payable under a new Government lease shall be an amount equal to 3 per cent of the rateable value of the lot or section held under new Government lease. (Amended 56 of 1978 s. 2; 29 of 1998 s. 21) (2) Subject to the provisions of this section, the rateable value for the purposes of this section of a lot or section held under a new Government lease is the rateable value or interim valuation as set out on the relevant day in the list declared under section 13 of the Rating Ordinance (Cap 116), of the tenement, or, if there is more than one tenement, the aggregate of the rateable values and interim valuations as so set out of all the tenements comprised wholly or partly in the lot or section held under the new Government lease. (Replaced 56 of 1978 s. 2. Amended 29 of 1998 s. 21) |
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