【法规名称】
【法规编号】 79721 什么是编号？
【正 文】
第5页 CAP 40 GOVERNMENT LEASES ORDINANCE
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[接上页] Cap 40 s 15 New Government leases subject to encumbrances and interests Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 18 & 105 PART III MISCELLANEOUS Every new Government lease and the land thereby deemed to be demised shall be deemed to be subject to such of the following encumbrances and interests as the land and the renewable Government lease relating thereto were subject to immediately before the expiration of the renewable Government lease- (Amended 29 of 1998 s. 105) (a) any mortgage or charge, whether legal or equitable, and whether registered in the Land Registry or not; (Amended 8 of 1993 s. 2) (b) any public rights; (c) any other rights, easements, tenancies or other burdens of whatsoever kind or nature, except- (i) in the case of a covenant, a contrary intention is expressed; and (ii) in the case of any other right, easement, tenancy or burden created by an instrument, it is not expressed in that instrument to continue after the date of the expiration of the renewable Government lease. (Amended 62 of 1984 s. 42; 29 of 1998 s. 105) Cap 40 s 16 Government lease plan Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 18 & 105 (1) If a plan of a lot held under a renewable Government lease is not annexed to the counterpart of the Government lease kept in the Land Registry, or if the plan annexed thereto is, in the opinion of the Director, inaccurate or inadequate to establish the location, position, or dimensions of the lot, the Director may cause the lot to be surveyed and a plan thereof prepared. (2) If a plan of a section of a lot held under a renewable Government lease is not registered in the Land Registry, or if the plan so registered is, in the opinion of the Director, inaccurate or inadequate to establish the location, position, or dimensions of the section, the Director may cause the section to be surveyed and a plan thereof prepared. (Amended 8 of 1993 s. 2; 29 of 1998 s. 105) Cap 40 s 17 Completed plans to be open for inspection and method of objection thereto Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 18 Upon completion under section 16 of the plan of a lot or section the Director shall cause a notice to be published declaring- (a) that the plan has been prepared and is available for inspection by the public; (b) the place and times at which the plan may be so inspected; and (c) that any person claiming to have an interest in any land comprised in the plan and who considers that the plan is incorrect in any manner prejudicial to such interest may, within 60 days after the date of the publication of the notice in the Gazette, serve upon the Director an application in writing, specifying the nature of such interest and the manner in which such person considers the plan to be incorrect and sufficient indication of the grounds for such consideration and requesting that the plan be corrected accordingly. Cap 40 s 18 Approval of plan by Director Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 18 (1) Upon the expiration of the period specified under section 17, the Director shall consider such applications as may have been received by him pursuant to that section. (2) After consideration of such applications, or where no such applications are received by him, the Director may allow the plan to stand unamended or amend it in such manner as he thinks fit, and thereafter shall cause a notice to be published approving the plan, either in the same form as that in which it was made available to the public under section 17, or as amended in accordance with this subsection and specifying the manner in which the same has been amended. Cap 40 s 19 Application to District Court for amendment Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 18 (1) Any person claiming to have an interest in any land comprised in the plan as approved under section 18(2) and who considers that the plan is incorrect in any manner prejudicial to such interest may, within 30 days after the publication under that section of the notice in the Gazette, apply to the District Court for an order directing the Director to amend the plan in the manner specified in the application or in such other manner as the Court may think just. (2) Notwithstanding anything contained in the Crown Proceedings Ordinance (Cap 300), the Director shall be named as defendant in any application made under subsection (1), and the Court may, of its own motion or on application made to it, in addition cause to be joined as co-defendant any person who it appears may be affected by any order which may be made directing the amendment of the plan. (3) An application to the District Court under this section shall be instituted by an originating summons and shall for all purposes relating to costs and fees be deemed to be an action in respect of which the value of the claim exceeds $500 but does not exceed $2000. |
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