Cap. 40 《政府租契條例》Government Leases Ordinance

Subject to subsection (2), this Ordinance applies—

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)

The Chief Executive may by order amend the Schedule. (Amended 3 of 2000 s. 3)

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.

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.

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.

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.

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)

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)

For the purposes of subsections (2) and (3), a tenement shall be deemed to be comprised partly in a lot or section if the building in which it is contained stands partly on the lot or section; and where a tenement is so deemed to be comprised partly in a lot or section, there shall be included for the purpose of determining the rateable value of the lot or section only that proportion of the rateable value in the list declared under section 13 of the Rating Ordinance (Cap. 116) or the interim valuation of the tenement as the area of the lot or section bears to the area of all the lots or sections on which the building stands. (Added 56 of 1978 s. 2)

The reference in this Ordinance to the rateable value of a tenement as set out on the relevant day in the list declared under section 13 of the Rating Ordinance (Cap. 116) includes a reference to the rateable value of any tenement ascertained pursuant to subsection (6) and the rateable value provided for by subsection (7).

The reference in this Ordinance to the rateable value or the interim valuation of a tenement made by the Commissioner under the Rating Ordinance (Cap. 116) is, in a case where such rateable value or such interim valuation is varied on appeal under section 42 of that Ordinance, a reference to such rateable value or such interim valuation as so varied.

Where no rateable value of a tenement has been ascertained under the Rating Ordinance (Cap. 116) whether by reason of the exemption of such tenement from assessment to rates or otherwise, the Commissioner shall if required by the Director ascertain the rateable value thereof as if the same were assessable to rates under that Ordinance.

Where on the relevant day no rates are payable under the Rating Ordinance (Cap. 116) in relation to a tenement, otherwise than by reason of any exemption under section 36 of that Ordinance, the rateable value for the purposes of this section, of the lot or section comprising such tenement shall be— (Amended 56 of 1978 s. 2)

There shall be added to the new Government rent determined in accordance with subsection (1) such amount as may be necessary to make the same an even number of dollars. (Amended 29 of 1998 s. 21)

Where the person or all of the persons, if more than one, entitled to exercise the right of renewal contained in a renewable Government lease paid or agreed in writing with the Director to pay the new Government rent of a lot or section in an amount exceeding that which is specified in subsection (1) the new Government rent of the lot or section shall be— (Amended 29 of 1998 s. 21)

As soon as practicable after a new Government lease of a lot or section is deemed to be granted under this Ordinance—

As soon as practicable after the making by the Commissioner after the relevant day of an interim valuation of any tenement which results in an increase in the new Government rent payable in respect of a lot or section—

The Director may at any time correct clerical or arithmetical errors in a determination of the new Government rent payable in respect of a lot or section under section 9, and if he makes such a correction he shall notify the Land Registrar thereof.

The Land Registrar on being notified by the Director of a correction under subsection (1) shall accordingly rectify the amount of the new Government rent shown in the register of the lot or section kept in the Land Registry.

Without prejudice to section 8(b) the Government may in collecting the new Government rent payable in respect of a lot or section demand from the person, whether owner, agent or occupier, who pays the rates in respect of any tenement comprised in land held under a new Government lease an amount equal to— (Amended 56 of 1978 s. 3; 29 of 1998 s. 105)

The person on whom a demand under subsection (1) is made shall pay the sum so demanded within the time specified in such demand.

Where under this section any sum is paid by a person who is not an owner of the tenement in respect of which the sum is paid under subsection (2), then the sum so paid shall be a debt due to that person from the owner of the tenement and shall be recoverable as such from any rent or other moneys for the time being due by that person to the owner. (Replaced 56 of 1978 s. 3)

Without prejudice to any other remedy of the Government in respect of the default in payment of the new Government rent any sum not paid in accordance with a demand under section 13 shall be recoverable as a debt due to the Government. (Amended 29 of 1998 s. 105)

Whenever any person makes default in payment of any sum demanded under section 13 the same may be recovered by action in the District Court notwithstanding that the amount is in excess of the sum of $20,000.

In any proceedings under this section for the recovery of any sum demanded under section 13 the production of a certificate signed by the Director stating the name and last known postal address of the person who is liable to pay the same and particulars of the amount due shall be sufficient evidence of such amount and sufficient authority for the District Court to give judgment therefor.

In any proceedings in the District Court under this section the Director may appear in person or may be represented either by a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87) or by any other person authorized by him in writing.

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.

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.

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.

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.

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.

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.

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 $2,000.

Nothing in this Ordinance shall be construed as a waiver by the Government of any of its rights in respect of any breach of covenant in any renewable Government lease.

Any breach of covenant of a renewable Government lease existing immediately before its expiration shall be deemed to be a breach of covenant of the new Government lease and the Government may exercise its rights (including the right of re-entry) in relation to the new Government lease in the same manner and to the same extent as such rights could have been exercised or enforced before its expiration in relation to the renewable Government lease.