To provide for the apportionment of Government rent and premium.
(Amended 29 of 1998 s. 35)
[8 May 1970]
(Format changes—E.R. 5 of 2021)
This Ordinance may be cited as the Government Rent and Premium (Apportionment) Ordinance.
(Amended 29 of 1998 s. 36)
In this Ordinance, unless the context otherwise requires—
determined annual instalment of premium (已釐定的每年的地價分期付款) means the sum determined by the Director of Lands under section 5 or 12 as the annual instalment of premium payable in respect of a section or a relevant interest; (Amended 8 of 1993 s. 3; L.N. 291 of 1993) determined Government rent (已釐定的地稅) means the sum determined by the Director of Lands under section 5 or 12 as the Government rent payable in respect of a section or a relevant interest; (Amended 8 of 1993 s. 3; L.N. 291 of 1993; 29 of 1998 s. 105) existing building (現有建築物) means a building standing on a lot or section— (a)the Government lease of which has been renewed in accordance with a proviso for renewal contained therein or pursuant to a statutory provision, or has been regranted subject to payment of a premium by instalments; (b)a relevant interest in which was created or agreed to be created under an instrument registered in the Land Registry before 1 August 1970; and (c)in respect of which no instrument containing a basis of apportionment of the principal Government rent reserved under the new Government lease or of the annual instalment of premium payable in respect of that relevant interest has been registered in the Land Registry; (Added 29 of 1973 s. 2. Amended 8 of 1993 s. 2; 29 of 1998 s. 105) lot (地段) means— (a)any piece or parcel of ground the subject of a Government lease; and (Amended 29 of 1998 s. 105) (b)a section which, by virtue of section 8(3) or 27(2), is deemed to be a lot; owner (擁有人), in relation to a section or a relevant interest, means— (a)the person whose name is registered in the Land Registry as that of the owner or one of the owners of the section or relevant interest; and (b)a mortgagee under a mortgage which is registered in the Land Registry; (Amended 8 of 1993 s. 2) premium (地價) means any sum, other than Government rent, required to be paid to the Government as a condition or in consideration of— (Amended 29 of 1998 s. 105) (a)the grant, renewal or continuance of a Government lease; (b)consent to the assignment of a Government lease or of any rights under a Government lease; or (c)the extension or variation of a Government lease; (Amended 29 of 1998 s. 105) principal Government rent (主要地稅) means the Government rent payable in respect of a lot; (Amended 29 of 1998 s. 105) principal premium (主要地價) means the premium payable in respect of a lot; relevant interest (有關權益) means the undivided share in the lot on which a building stands, the owner of which share, as between himself and the owners of the other undivided shares in that lot, is entitled under the terms of an instrument registered in the Land Registry to exclusive possession of premises in that building; (Amended 8 of 1993 s. 2) section (分段) means any portion or division of a lot, which portion or division has been assigned, alienated or retained for the whole of the term or interest created by the Government lease of the lot by or under an instrument which is registered in the Land Registry. (Amended 8 of 1993 s. 2; 29 of 1998 s. 105)Subject to paragraph (b), this Ordinance does not apply to any interest in land held under an applicable lease within the meaning of the Government Rent (Assessment and Collection) Ordinance (Cap. 515) as from—
in the case of an applicable lease extended by section 6 of the New Territories Leases (Extension) Ordinance (Cap. 150), 28 June 1997;
in the case of an interest held under an applicable lease which was exempted from liability to pay Government rent under the Government Rent (Assessment and Collection) Ordinance (Cap. 515), the date on which the exemption ceases to apply;
in the case of an applicable lease extended by section 12 of the Extension of Government Leases Ordinance (Cap. 648), the date on which the lease is so extended; or (Added 14 of 2024 s.25. Amended E.R. 1 of 2025)
in the case of an applicable lease under which there is an express obligation to pay an annual rent of 3% of the rateable value from time to time of the land leased, the date specified in the lease as the date from which the rent is payable.
Nothing in paragraph (a) shall affect any right or liability already acquired or incurred in respect of any interest referred to in that paragraph under or by virtue of any provision of this Ordinance at any time before this Ordinance ceases to apply to such interest by virtue of that paragraph. (Added 53 of 1997 s. 55)
Subject to subsection (1A), this Ordinance does not apply to land in the New Territories unless the land— (Amended 53 of 1997 s. 55)
has been exempted from Part II of the New Territories Ordinance (Cap. 97) under section 7 thereof; or
is declared to be subject to this Ordinance by the Chief Executive by notice in the Gazette. (Amended 3 of 2000 s. 3)
A notice under subsection (1)(b) may specify the date from which the land shall be subject to this Ordinance.
(Amended 8 of 1993 s. 3; L.N. 291 of 1993)
The Chief Executive may give to the Director of Lands and any public officer such directions as he thinks fit with respect to the exercise or performance of their powers, functions and duties under this Ordinance, either generally or in any particular case.
The Director of Lands and every public officer shall, in the exercise or performance of his powers, functions and duties under this Ordinance, comply with any directions given by the Chief Executive under subsection (1).
(Amended 8 of 1993 s. 3; L.N. 291 of 1993; 3 of 2000 s. 3)
Subject to any directions given by the Chief Executive under section 4, the Director of Lands may, if he thinks fit, either of his own motion or on the application of the owner, determine in accordance with this Ordinance— (Amended 8 of 1993 s. 3; L.N. 291 of 1993; 3 of 2000 s. 3)
the Government rent payable in respect of a section; and (Amended 29 of 1998 s. 105)
where the principal premium is payable by instalments, the annual instalment of that premium payable in respect of a section.
If the Director of Lands decides in accordance with section 5 to determine the Government rent payable in respect of a section, then, subject to subsection (2), the Government rent payable in respect of that section shall be determined by the Director of Lands in the following manner, that is to say— (Amended 8 of 1993 s. 3; L.N. 291 of 1993; 29 of 1998 s. 105)
in accordance with any apportionment of the principal Government rent appearing in the Government Rent Roll; or
in accordance with any apportionment of the principal Government rent made in an instrument which is registered in the Land Registry; or (Amended 8 of 1993 s. 2)
if there is no such apportionment as is referred to in paragraph (a) or (b), so that it bears the same proportion to the principal Government rent as the area of the section bears to the area of the lot.
The Director of Lands shall add to the Government rent determined in accordance with subsection (1)— (Amended 8 of 1993 s. 3; L.N. 291 of 1993; 29 of 1998 s. 105)
such sum as may be necessary to make the same an even number of dollars; and
a further sum of $2,
and the determined Government rent payable in respect of the section shall be the sum so ascertained.
(Amended 29 of 1998 s. 105)
If the Director of Lands decides in accordance with section 5 to determine the annual instalment of premium payable in respect of a section, then, subject to subsection (2), the annual instalment of premium payable in respect of that section shall be determined by the Director of Lands in the following manner, that is to say— (Amended 8 of 1993 s. 3; L.N. 291 of 1993)
in accordance with any apportionment of the annual instalment of the principal premium made in an instrument which is registered in the Land Registry; or (Amended 8 of 1993 s. 2)
if there is no such apportionment as is referred to in paragraph (a), so that it bears the same proportion to the annual instalment of the principal premium as the area of the section bears to the area of the lot.
The Director of Lands shall add to the annual instalment of premium determined in accordance with subsection (1)— (Amended 8 of 1993 s. 3; L.N. 291 of 1993)
such sum as may be necessary to make the same an even number of dollars; and
a further sum of $10,
and the determined annual instalment of premium payable in respect of the section shall be the sum so ascertained.
With effect from the publication in the Gazette of notice under section 22(1), the owner of the section shall hold the same as if there had been granted to him a separate Government lease of the section for the residue of the term of years created by the Government lease of the lot, containing, so far as they are applicable thereto, the covenants (other than the covenants to pay the Government rent and the premium, if any), stipulations, exceptions, reservations, provisos, powers and conditions contained in the said Government lease of the lot.
There shall be deemed to be included in such separate Government lease of the section— (Amended 29 of 1998 s. 105)
a covenant to pay the determined Government rent to the Government as from the day up to which the principal Government rent has been paid; and
a covenant to pay the determined annual instalment of premium, if any, to the Government as from the day when the last annual instalment of the principal premium which has been paid became due.
A section which is by virtue of subsection (1) held as if a separate Government lease thereof had been granted shall be deemed to be a lot for the purposes of this Ordinance.
Nothing in this section shall affect any right or liability acquired or incurred by the Government or the owner of the section under the Government lease of the lot prior to the publication in the Gazette of notice under section 22(1), save that as from the day referred to in subsection (2)(a) or (b), as the case may be, any such liability of the owner of the section to pay the principal Government rent or the principal premium, if any, to the Government shall determine.
(Amended 29 of 1998 s. 105)
(Amended 29 of 1998 s. 105)
Save in so far as the same is necessarily affected by the fact that a section is by virtue of section 8 held as if the separate Government lease referred to in that section had been granted and save as otherwise provided in this Ordinance, the Government lease of the lot shall continue in full force and effect in respect of any part of the lot which continues to be held thereunder.
(Amended 29 of 1998 s. 105)
For the purpose of determining the area of any lot or section, the Director of Lands may accept any statement as to such area contained in a Government lease or other instrument which is registered in the Land Registry or in any plan annexed to or endorsed on any such Government lease or instrument. (Amended 8 of 1993 s. 2)
If the Director of Lands considers that the area of a lot or section which requires to be ascertained for the purpose of determining the Government rent payable in respect of a section is uncertain, he may have such lot or section surveyed. (Amended L.N. 76 of 1982)
A certificate—
purporting to be signed by the Director of Lands or a public officer authorized by him for the purposes of this section; and
specifying the area of a lot or section ascertained by a survey pursuant to subsection (2),
shall be conclusive evidence for the purposes of this Ordinance of the area of the lot or section.
(Amended L.N. 94 of 1986; 8 of 1993 s. 3 &16; L.N. 291 of 1993; 29 of 1998 s. 105)
For the purposes of this Part—
the principal Government rent shall be treated as apportioned in an instrument which is registered in the Land Registry only if— (Amended 8 of 1993 s. 2; 29 of 1998 s. 105)
a sum is specified in such instrument as the share of the principal Government rent which is payable in respect of the relevant interest; or
the share of the principal Government rent which is payable in respect of the relevant interest is expressed in such instrument to be a specified fraction of the principal Government rent or such share is otherwise ascertainable from the terms of such instrument; and (Amended 29 of 1998 s. 105)
the annual instalment of the principal premium shall be treated as apportioned in an instrument which is registered in the Land Registry only if— (Amended 8 of 1993 s. 2)
a sum is specified in such instrument as the share of the annual instalment of the principal premium which is payable in respect of the relevant interest; or
the share of the annual instalment of the principal premium which is payable in respect of the relevant interest is expressed in such instrument to be a specified fraction of the annual instalment of the principal premium or such share is otherwise ascertainable from the terms of such instrument.
Subject to any directions given by the Chief Executive under section 4, the Director of Lands may, if he thinks fit, either of his own motion or on the application of the owner, determine in accordance with this Ordinance— (Amended 8 of 1993 s. 3; L.N. 291 of 1993; 3 of 2000 s. 3)
the Government rent payable in respect of a relevant interest; (Amended 29 of 1998 s. 105)
where the principal premium is payable by instalments, the annual instalment of that premium payable in respect of a relevant interest.
If the Director of Lands decides in accordance with section 12 to determine the Government rent payable in respect of a relevant interest, then, subject to subsection (2), and section 14A, the Government rent payable in respect of that relevant interest shall be determined by the Director of Lands in the following manner, that is to say— (Amended 29 of 1973 s. 3; 8 of 1993 s. 3; L.N. 291 of 1993)
in accordance with any apportionment of the principal Government rent made in an instrument which is registered in the Land Registry; or (Amended 8 of 1993 s. 2)
if there is no such apportionment as is referred to in paragraph (a), so that it bears the same proportion to the principal Government rent as the relevant interest bears to the aggregate of the relevant interests.
The Director of Lands shall add to the Government rent determined in accordance with subsection (1)— (Amended 8 of 1993 s. 3; L.N. 291 of 1993)
such sum as may be necessary to make the same an even number of dollars; and
a further sum of $2,
and the determined Government rent payable in respect of the relevant interest shall be the sum so ascertained.
(Amended 29 of 1998 s. 105)
If the Director of Lands decides in accordance with section 12 to determine the annual instalment of premium payable in respect of a relevant interest, then, subject to subsection (2), and section 14A, the annual instalment of premium payable in respect of that relevant interest shall be determined by the Director of Lands in the following manner, that is to say— (Amended 29 of 1973 s. 4; 8 of 1993 s. 3; L.N. 291 of 1993)
in accordance with any apportionment of the annual instalment of the principal premium made in an instrument which is registered in the Land Registry; or (Amended 8 of 1993 s. 2)
if there is no such apportionment as is referred to in paragraph (a), so that it bears the same proportion to the annual instalment of the principal premium as the relevant interest bears to the aggregate of the relevant interests.
The Director of Lands shall add to the annual instalment of premium determined in accordance with subsection (1)— (Amended 8 of 1993 s. 3; L.N. 291 of 1993)
such sum as may be necessary to make the same an even number of dollars; and
a further sum of $10,
and the determined annual instalment of premium payable in respect of the relevant interest shall be the sum so ascertained.
If the Director of Buildings and Lands decides in accordance with section 12 to determine the Government rent or the annual instalment of premium payable in respect of a relevant interest in a lot or section on which an existing building stands, section 13 or 14 shall not apply, and the Government rent, or the annual instalment of premium if any, payable in respect of that relevant interest shall be determined by the Director of Buildings and Lands so that it bears the same proportion to the principal Government rent, or to the annual instalment of the principal premium if any, as the value of the relevant interest bears to the value of the aggregate of the relevant interests.
The value of a relevant interest for the purpose of this section shall be such value as may be determined by the Director of Lands. (Amended L.N. 76 of 1982; L.N. 94 of 1986; 8 of 1993 s. 17; L.N. 291 of 1993)
The Director of Buildings and Lands shall add to the Government rent or the annual instalment of premium determined in accordance with subsection (1)— (Amended 8 of 1993 s. 3)
such sum as may be necessary to make the same an even number of dollars; and
a further sum of $10 or, if the Government rent which is determined in accordance with subsection (1) is in respect of a regranted Government lease, a further sum of $2,
and the determined Government rent, or the determined annual instalment of premium if any, payable in respect of the relevant interest shall be the sum or sums so ascertained.
(Added 29 of 1973 s. 5. Amended 8 of 1993 s. 3; 29 of 1998 s. 105)
With effect from the publication in the Gazette of notice under section 22(2)—
the owner of the relevant interest shall be liable to pay the determined Government rent to the Government— (Amended 29 of 1998 s. 105)
as from the day up to which the principal Government rent has been paid; or
where the Government rent payable in respect of another relevant interest of which the relevant interest at some time formed part has been determined under this Ordinance, as from the day up to which the determined Government rent payable in respect of that other relevant interest has been paid; and
any liability of the owner of the relevant interest in respect of the payment of the principal Government rent to the Government shall determine.
With effect from the publication in the Gazette of notice under section 22(2)— (Amended 29 of 1998 s. 105)
the owner of the relevant interest shall be liable to pay the determined annual instalment of premium to the Government—
as from the day on which the last annual instalment of the principal premium which has been paid became due; or
where the annual instalment of the principal premium payable in respect of another relevant interest of which the relevant interest at some time formed part has been determined under this Ordinance, as from the day on which the last determined annual instalment of premium which has been paid became due; and
any liability of the owner of the relevant interest in respect of the payment of the principal premium to the Government shall determine.
(Amended 29 of 1998 s. 105)
Where—
a relevant interest at some time formed part of another relevant interest; and
the Government rent payable in respect of that other relevant interest has been determined under this Ordinance,
then, until the Government rent payable in respect of the relevant interest is determined under this Ordinance, the owner thereof shall be liable to the Government, jointly and severally with the owner of each other relevant interest which at some time formed part of such other relevant interest, for the payment of the determined Government rent payable in respect of such other relevant interest.
Where—
a relevant interest at some time formed part of another relevant interest; and
the annual instalment of the principal premium payable in respect of that other relevant interest has been determined under this Ordinance,
then, until the annual instalment of the principal premium payable in respect of the relevant interest is determined under this Ordinance, the owner thereof shall be liable to the Government, jointly and severally with the owner of each other relevant interest which at some time formed part of such other relevant interest, for the payment of the determined annual instalment of premium payable in respect of such other relevant interest.
(Amended 29 of 1998 s. 105)
(Amended 29 of 1998 s. 105)
Save in so far as the same is necessarily affected by the operation of section 15 or 16, the Government lease of the lot shall continue in full force and effect.
(Amended 29 of 1998 s. 105)
Where the Director of Lands proposes to exercise his powers under section 12, he shall cause to be published in the Gazette and affixed in a conspicuous position in or on the building a notice specifying— (Amended 8 of 1993 s. 3; L.N. 291 of 1993)
the relevant interests in relation to which he proposes to exercise those powers; and
a provisional determination of the Government rent, and of the annual instalment of premium if any, payable in respect of each of the relevant interests. (Amended 29 of 1998 s. 105)
The owner of any relevant interest specified in the notice published in the Gazette under section 18 may object that the Director of Lands ought not to exercise his powers under section 12. (Amended 8 of 1993 s. 3)
An objection under subsection (1)—
shall be in writing and shall be lodged with the Director of Lands within 3 months after the notice was published in the Gazette under section 18; and (Amended 8 of 1993 s. 18)
shall contain particulars of the grounds on which the objection is made.
The owners of not less than 75 per cent of the aggregate of the relevant interests specified in the notice published in the Gazette under section 18 may object that the Director of Lands ought not to exercise his powers under section 13(1)(b) or section 14(1)(b) or section 14A. (Amended 29 of 1973 s. 6; 8 of 1993 s. 3)
An objection under subsection (3) shall be in writing and shall be lodged with the Director of Lands within 3 months after the notice was published in the Gazette under section 18. (Amended 8 of 1993 s. 18)
(Amended L.N. 291 of 1993)
(Amended 8 of 1993 s. 3; L.N. 291 of 1993)
In deciding whether or not to exercise his powers under section 12, the Director of Lands shall have regard to any relevant objection made under section 19(1).
Where an objection has been made under section 19(3), the Director of Lands shall not, except in the manner provided by section 13(1)(a) or 14(1)(a), exercise his powers under section 12 until after the expiration of 6 months from the day of publication of the notice in the Gazette under section 18.
(Amended 8 of 1993 s. 3; L.N. 291 of 1993)
Where the Director of Lands decides not to exercise his powers under section 5 or 12 following an application by the owner of a section or relevant interest, he shall give by post to the applicant notice of the ground on which he decided not to exercise those powers. (Amended 8 of 1993 s. 3; L.N. 291 of 1993)
Where the Director of Lands decides not to exercise his powers under section 12 after notice has been published in the Gazette under section 18, he shall cause to be published in the Gazette and affixed in a conspicuous position in or on the building notice of the ground on which he decided not to exercise those powers. (Amended 8 of 1993 s. 3; L.N. 291 of 1993)
Within 3 months after the giving of notice under subsection (1), the applicant may appeal by way of petition to the Chief Executive in Council. (Amended 3 of 2000 s. 3)
Within 3 months after the publication in the Gazette of notice under subsection (2), the owner of any relevant interest may appeal by way of petition to the Chief Executive in Council. (Amended 3 of 2000 s. 3)
Where, under section 5, the Director of Lands has determined the Government rent, and the annual instalment of premium if any, payable in respect of a section, he shall— (Amended 8 of 1993 s. 3; L.N. 291 of 1993; 29 of 1998 s. 105)
cause notice of the determined Government rent, and determined annual instalment of premium if any, to be published in the Gazette; and
cause particulars of the determined Government rent, and determined annual instalment of premium if any, to be noted in the Land Registry records against the section.
Where, under section 12, the Director of Lands has determined the Government rent, and the annual instalment of premium if any, payable in respect of a relevant interest, he shall— (Amended 8 of 1993 s. 3; L.N. 291 of 1993; 29 of 1998 s. 105)
cause notice of the determined Government rent, and the determined annual instalment of premium if any, to be published in the Gazette; and
cause particulars of the determined Government rent, and the determined annual instalment of premium if any, to be noted in the Land Registry records against the relevant interest.
(Amended 8 of 1993 s. 2; 29 of 1998 s. 105)
Where the building is wholly or partly demolished or destroyed, the Director of Lands may, if he thinks fit, cancel any determination under section 12 of the Government rent, and the annual instalment of premium if any, payable in respect of a relevant interest. (Amended 8 of 1993 s. 3; 29 of 1998 s. 37)
The Director of Lands shall cause notice of the cancellation of any such determination to be published in the Gazette. (Amended 8 of 1993 s. 3)
With effect from the publication in the Gazette of notice under subsection (2), the Government rent, and the premium if any, payable in respect of the lot shall be paid— (Amended 29 of 1998 s. 37)
in the case of a lot, other than a section which by virtue of section 8(3) or 27(2) is deemed to be a lot, in accordance with the Government lease of the lot; and
in the case of a section which by virtue of section 8(3) or 27(2) is deemed to be a lot, in accordance with the covenant for the payment thereof deemed by virtue of section 8(2) of this Ordinance or section 9(1) of the repealed Crown Rents (Apportionment) Ordinance (Cap. 125, 1964 Ed.), as the case may be, to be included in the separate Government lease of the section. (Amended 29 of 1998 s. 37)
A certificate—
purporting to be signed by the Director of Lands or a public officer authorized by him for the purposes of this section; and (Amended L.N. 76 of 1982; L.N. 94 of 1986)
specifying that a building has been wholly or partly demolished or destroyed,
shall be conclusive evidence for the purposes of this Ordinance that the building has been wholly or partly demolished or destroyed.
(Amended L.N. 291 of 1993)
The Director of Lands may at any time correct clerical or arithmetical errors in a determination under section 5 or 12.
(Amended 8 of 1993 s. 3; L.N. 291 of 1993)
Neither section 8 nor section 15 shall affect any covenant or agreement with respect to the payment of Government rent or premium, or both, contained in an instrument which is registered in the Land Registry, but where the owner of a section or a relevant interest pays the determined Government rent or the determined annual instalment of premium to the Government his liability under such covenant or agreement shall be discharged to the extent of such payment.
(Amended 8 of 1993 s. 2; 29 of 1998 s. 105)
(Amended 8 of 1993 s. 3; L.N. 291 of 1993)
The powers, functions and duties conferred or imposed by this Ordinance on the Director of Lands may be exercised or performed by any public officer authorized in writing by the Director of Lands for the purposes of this Ordinance.
(Amended 8 of 1993 s. 3; L.N. 291 of 1993)
Notwithstanding the repeal of the Crown Rents (Apportionment) Ordinance (Cap. 125, 1964 Ed.), a determination thereunder of the Crown rent payable in respect of a section shall, if it has been registered and notified in accordance with that Ordinance, continue to have effect as if that Ordinance had not been repealed.
A section which by virtue of section 9 of the repealed Crown Rents (Apportionment) Ordinance (Cap. 125, 1964 Ed.) is held as if a separate Government lease thereof had been granted shall be deemed to be a lot for the purposes of this Ordinance. (Amended 29 of 1998 s. 38)
For the purposes of section 24, a determination under the repealed Crown Rents (Apportionment) Ordinance (Cap. 125, 1964 Ed.) of the Crown rent payable in respect of a section shall be deemed to have been made under section 5.