To make provision for the renewal of certain Government leases of land in the New Territories.
(Amended 29 of 1998 s. 46)
[9 May 1969]
(Format changes—E.R. 2 of 2021)
This Ordinance may be cited as the New Territories (Renewable Government Leases) Ordinance.
(Amended 29 of 1998 s. 47)
In this Ordinance, unless the context otherwise requires—
existing Government lease (現行政府租契) means such a Government lease as is referred to in section 3; (Replaced 29 of 1998 s. 48) lot (地段) means any piece or parcel of ground demised under a Government lease; (Amended 29 of 1998 s. 48) new Government lease (新政府租契) means such a Government lease as is deemed to be granted under section 4; (Replaced 29 of 1998 s. 48) section (分段) means any portion of a lot which has been—(a)assigned or alienated for the whole of the term created by the existing Government lease of the lot; or (Amended 29 of 1998 s. 48)(b)declared to have been divided or severed from the remainder of the lot,by or under an instrument which is registered in the Land Registry and also means any portion of a lot retained following such assignment or alienation. (Amended 8 of 1993 s. 2; 20 of 2002 s. 5)This Ordinance applies to every Government lease existing immediately before the expiration of the 30th day of June 1973 under which land in the New Territories is demised for a term of seventy-five years from the 1st day of July 1898 and which contains a right of renewal for a further term of twenty-four years less three days, other than leases of land exempted from Part II of the New Territories Ordinance (Cap. 97) under subsection (2) or (3) of section 7 thereof.
(Amended 29 of 1998 s. 105)
In the case of an existing Government lease of a lot which has not been divided into sections before the 1st day of July 1973, the right of renewal contained in the lease shall be deemed to have been exercised by the person entitled to that right and on that date there shall be deemed to be granted to such person a new Government lease of the land held by him immediately before that date under the existing Government lease.
In the case of an existing Government lease of a lot which has been divided into sections before the 1st day of July 1973, the right of renewal contained in the lease shall be deemed to have been exercised by the persons entitled to that right and on that date there shall be deemed to be granted to such persons separate new Government leases of the land respectively held by them immediately before that date under the existing Government lease.
Every new Government lease shall be deemed to be for a term of twenty-four years less three days from the 1st day of July 1973, and shall be deemed to contain—
where the new Government lease is deemed to be granted under subsection (1), a reservation of the same annual Government rent as was payable for the year ending on the 30th day of June 1973 in respect of the land to which the new Government lease relates;
where the new Government lease is deemed to be granted under subsection (2), a reservation of the same annual Government rent as may appear from the Government Rent Roll in the appropriate District Office to have been payable for the year ending on the 30th day of June 1973 in respect of the land to which the new Government lease relates;
a covenant by the lessee to pay in the same manner and on the same days as are specified in the existing Government lease whichever of the annual Government rents referred to in paragraphs (a) and (b) is applicable;
the same covenants, exceptions, reservations, stipulations, provisos and declarations (including the right of re-entry) mutatis mutandis as are contained in the existing Government lease of the land to which the new Government lease relates other than—
the covenant to pay the Government rent; and
the provision (if any) for fixing a new Government rent at the expiration of the first ten years of the term; and
the right of renewal on the expiration of the term;
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 (d).
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 existing Government lease relating thereto were subject to immediately before the 1st day of July 1973—
any mortgage, whether legal or equitable, and whether registered in the Land Registry or not; (Amended 8 of 1993 s. 2; 20 of 2002 s. 5)
any public rights; and
any other rights, easements, tenancies or other burdens or encumbrances of whatsoever kind or nature, except such as were created by an instrument and were not thereby expressed to continue after the 30th day of June 1973.
(Amended 29 of 1998 s. 105)
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 existing Government lease.
Any breach of covenant existing immediately before the 1st day of July 1973 in respect of an existing Government lease shall be deemed to be a breach of covenant in respect 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 they could have been exercised or enforced before the said date in relation to the existing Government lease.
(Amended 29 of 1998 s. 105)