An Ordinance to exempt certain land in the New Territories from the application of Part II of the New Territories Ordinance.
[24 June 1994]
(Format changes—E.R. 5 of 2020)
(Enacting provision omitted—E.R. 5 of 2020)
This Ordinance may be cited as the New Territories Land (Exemption) Ordinance.
In this Ordinance, unless the context otherwise requires—
land (土地) has the meaning assigned to it under section 2 of the New Territories Ordinance (Cap. 97); rural land (農村地) means land in the New Territories being the subject of a Government lease of an old schedule lot, village lot, small house holding or similar rural holding. (Amended 53 of 1997 s. 59; 29 of 1998 s. 105)Subject to sections 4 to 6, any land in the New Territories of the description mentioned in section 7(2) and (3) of the New Territories Ordinance (Cap. 97) shall—
from the commencement* of this Ordinance, in the case of rural land, not being land exempted by the Chief Executive under that section from Part II of that Ordinance, be deemed for the purpose of entitlement to rural land in succession, and only for that purpose, to be exempt under that section from Part II of that Ordinance; and
from the date of the grant of the Government lease, in the case of any land other than rural land, not being land exempted by the Chief Executive under that section from Part II of that Ordinance, be deemed for any purpose, to have always been exempt under that section from Part II of that Ordinance. (Amended 29 of 1998 s. 105)
(Amended 40 of 1999 s. 3)
| Commencement date: 24 June 1994. |
Any transaction affecting land in the New Territories referred to in section 3 and executed prior to the commencement* of this Ordinance shall not, by reason only of that section, be unenforceable or of no effect or be called into question in any court.
Nothing in section 3 shall affect the entitlement of a successor registered under section 17 of the New Territories Ordinance (Cap. 97), prior to the commencement* of this Ordinance.
| Commencement date: 24 June 1994. |
Section 3 shall not apply to land in the New Territories held in the name of any clan, family or t’ong in the manner described in section 15 of the New Territories Ordinance (Cap. 97).
The Probate and Administration Ordinance (Cap. 10), the Intestates’ Estates Ordinance (Cap. 73) and the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481) shall not apply to proceedings in respect of or in relation to land in the New Territories held in the name of any clan, family or t’ong. (Amended 58 of 1995 s. 30)
Nothing in section 3 shall affect the jurisdiction conferred on the Court of First Instance and the District Court under or by virtue of section 12 of the New Territories Ordinance (Cap. 97).
(Amended 25 of 1998 s. 2)
For the purposes of the Probate and Administration Ordinance (Cap. 10), land to which Part II of the New Territories Ordinance (Cap. 97) applies, not being land already so exempted by the Chief Executive, shall be deemed to be land exempted from that Part by the Chief Executive under section 7(2) or (3) of that Ordinance.
(Amended 57 of 1995 s. 16; 40 of 1999 s. 3)
For the purposes of the Intestates’ Estates Ordinance (Cap. 73), land to which Part II of the New Territories Ordinance (Cap. 97) applies, not being land already so exempted by the Chief Executive, shall be deemed to be land exempted from that Part by the Chief Executive under section 7(2) or (3) of that Ordinance.
(Amended 57 of 1995 s. 17; 40 of 1999 s. 3)
For the purposes of the definition of net estate in section 2 of the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481), land to which Part II of the New Territories Ordinance (Cap. 97) applies, not being land already so exempted by the Chief Executive, shall be deemed to be land exempted from that Part by the Chief Executive under section 7(2) or (3) of that Ordinance.
(Amended 58 of 1995 s. 31; 40 of 1999 s. 3; E.R. 5 of 2020)
(Omitted as spent—E.R. 5 of 2020)
(Omitted as spent—E.R. 5 of 2020)
Where, at the commencement* of this Ordinance, rural land is held in the name of a deceased person registered in accordance with the New Territories Ordinance (Cap. 97) otherwise than as a manager, if no grant of probate or administration of the estate of the deceased is made by the Court of First Instance within 3 months after the death of that person then, notwithstanding sections 3(a), 10(c) and 11 of this Ordinance—
the Secretary for Home and Youth Affairs may exercise the powers conferred on him under section 17 of the New Territories Ordinance (Cap. 97) in respect of any person who may be entitled to that rural land in succession to the deceased person as if section 17 of that Ordinance had not been repealed;
in any proceedings in the Court of First Instance or the District Court concerning the exercise by the Secretary for Home and Youth Affairs of those powers in relation to that rural land, the court shall have power to recognize and enforce any Chinese custom or customary right affecting that rural land as if section 13(2) had not been added to that Ordinance; and
on the registration of the name of the person entitled to that rural land in succession to the deceased person being effected by the Secretary for Home and Youth Affairs under section 17 of that Ordinance, that rural land shall, for the purpose of entitlement to rural land in succession and only for that purpose, be deemed to be land exempted from Part II of that Ordinance by the Chief Executive under section 7(2) or (3) of that Ordinance. (Amended 40 of 1999 s. 3)
(Amended 25 of 1998 s. 2; L.N. 144 of 2022)
| Commencement date: 24 June 1994. |