Cap 97 - NEW TERRITORIES ORDINANCE 1
Chapter: 97 NEW TERRITORIES ORDINANCE Gazette Number Version Date
Long title 30/06/1997
To consolidate and amend the laws relating to the administration and regulation of the New Territories.
[28 October 1910]
(Originally 34 of 1910 (Cap 97 1950))
Part: I REGULATION OF THE NEW TERRITORIES 30/06/1997
Section: 1 Short title 30/06/1997
This Ordinance may be cited as the New Territories Ordinance.
(Amended 5 of 1924 s. 6)
Section: 2 Interpretation L.N. 362 of 1997;
25 of 1998
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
In this Ordinance, unless the context otherwise requires-
"Secretary for Home Affairs" (民政事務局局長) includes Director of Home Affairs and District Officer; (Replaced
62 of 1948 s. 2. Amended 13 of 1961 s. 2; L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of
1989; L.N. 621 of 1994; L.N. 362 of 1997)
"possession" (管有) in relation to land includes receipt of income; (Amended 20 of 1948 s. 4)
"instrument" (文書) includes deed, will, power of attorney, Ordinance or any other law; (Amended 43 of 1912; G.N.
246 of 1913 Supp. Schedule; 25 of 1998 s. 2)
"land" (土地) includes land covered by water or within the flow of the sea and houses and other buildings and any
undivided share in land and every estate and interest in land and also includes any rent or profit issuing out of
land and any easement affecting land and also any market-building or portion of such building and any rent or
profit issuing out of any market-building or portion of such building; (Replaced 16 of 1913 s. 2)
"mortgage" (按揭) includes any charge on any land for securing money, or money's worth; "mortgage money" (按揭
金) means money, or money's worth, secured by mortgage; "mortgagor" (按揭人) includes any person deriving
title under the original mortgagor, or entitled to redeem a mortgage, according to his estate, interest or right, in
the mortgaged property; "mortgagee" (承按人) includes any person deriving title under the original mortgagee;
and "mortgagee in possession" (管有承按人) is a mortgagee who, in right of the mortgage, has entered into and
is in possession of the mortgaged property. (Amended 50 of 1911; 12 of 1912 Schedule)
(Amended 50 of 1911; 51 of 1911; 8 of 1912 s. 78; 12 of 1912 Schedule;13 of 1912 Schedule; 43 of 1912;
G.N. 246 of 1913 Supp. Schedule; 62 of 1984 s. 66)
Section: 3 Power to appoint officers for the administration of the New
Territories
34 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 34 of 1999 s. 3
(1) Without prejudice to any other provision of law the Chief Executive shall have power to appoint a Secretary
for Home Affairs, a Director of Home Affairs and such number of District Officers and Assistant District Officers as
Cap 97 - NEW TERRITORIES ORDINANCE 2
he may consider necessary for the administration of the New Territories. (Added 62 of 1948 s. 2. Amended 20 of
1948 s. 4; 13 of 1961 s. 3; L.N. 621 of 1994)
(2) Any District Officer, appointed by the Chief Executive to administer or entrusted by the Secretary for
Home Affairs with the administration of any particular district of the New Territories, may be styled and referred to as
the District Officer for such district. (Added 62 of 1948 s. 2)
(Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989; 34 of 1999 s. 3)
Section: 4 Power to make rules L.N. 320 of 1999 01/01/2000
(1) The Chief Executive in Council may make rules providing for the levying, collection, recovery by legal
proceedings, and safe custody, of such rents, rates, taxes, and contributions, from the New Territories as the Chief
Executive in Council may, in his absolute discretion, think fit, and for the keeping of accounts thereof. (Amended 33
of 1939 Schedule; 20 of 1948 s. 4; 30 of 1960 s. 148; 34 of 1999 s. 3; 78 of 1999 s. 7)
(2) The Chief Executive in Council may make rules providing for the fees payable for duplicates of permits or
licences issued under this Ordinance. (Added 78 of 1999 s. 7)
Section: 5 Publication of rules 30/06/1997
All rules made under section 4 shall be published in the Gazette and shall be notified in Chinese in the New
Territories in such manner as the Secretary for Home Affairs may direct.
(Replaced 9 of 1950 Schedule. Amended 20 of 1948 s. 4; L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of
1983; L.N. 262 of 1989)
Section: 6 Penalty for breach of rules 30/06/1997
Every person who commits a breach of any rule made under section 4 shall be liable on summary conviction to a
fine of $1000 or to imprisonment for 6 months.
(Amended 30 of 1911 s. 4; 50 of 1911; 12 of 1912 Schedule; 21 of 1912 s. 2; 43 of 1912; G.N. 246 of 1913
Supp. Schedule; 5 of 1924 Schedule; 7 of 1933 s. 3; 20 of 1948 s. 4; 62 of 1948 s. 2)
Part: II LAND 30/06/1997
Section: 7 Application of Part II to land in New Territories 29 of 1998; 34 of
1999
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105; 34 of 1999 s. 3
(1) This Part applies to the New Territories only. (Amended 5 of 1924 Schedule)
*(2) Upon the application of the registered owner of the lease of any land which has been purchased from the
Government since 17 April 1899, and in respect of which a separate Government lease has been or is intended to be
issued, or without such application in the case of a new grant of land by the Government, the Chief Executive may
exempt the said land from the provisions of this Part. (Amended 50 of 1911; 12 of 1912 Schedule; 43 of 1912; G.N.
246 of 1913 Supp. Schedule; 9 of 1950 Schedule; 1 of 1962 s. 2(a))
*(3) Upon the application of the registered owner of any land not covered by the provisions of subsection (2),
and upon proof to the satisfaction of the Director of Lands of the title of such owner and surrender of the lease of such
land to the Government, the Chief Executive may direct a new Government lease for such land to be issued after due
survey thereof has been made and the prescribed fees have been paid, and the Chief Executive may thereupon exempt
the said land from the provisions of this Part: Provided that, in any case in which such application refers to land of
such small value that, in the opinion of the Chief Executive, it is undesirable to grant exemption, the Chief Executive
may refuse to grant the same. (Amended 50 of 1911; 51 of 1911; 12 of 1912 Schedule; 13 of 1912 Schedule; 5 of
1924 s. 8; 9 of 1950 Schedule; 1 of 1962 s. 2(b); 8 of 1993 s. 3; L.N. 291 of 1993)
(Amended 29 of 1998 s. 105; 34 of 1999 s. 3)
Cap 97 - NEW TERRITORIES ORDINANCE 3
___________________________________________________________________
Note:
* See also 1 of 1962 s. 7.
Section: 8 Vesting of land in New Territories in the Government 29 of 1998; 34 of
1999
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105; 34 of 1999 s. 3
All land in the New Territories is hereby declared to be and to have been from 23 July 1900, the property of the
Government, and all persons in occupation of any such land shall be deemed to be trespassers as against the
Government, unless such occupation is authorized by grant from the Government, or by other title allowed under this
Ordinance, or by licence from the Chief Executive or from some Government officer having authority to grant such
licence.
(Amended 50 of 1911; 12 of 1912 Schedule; 23 of 1912 s. 6; 33 of 1939 Schedule; 29 of 1998 s. 105; 34 of 1999
s. 3)
Section: 9 Authority of Secretary for Home Affairs 30/06/1997
(1) The Secretary for Home Affairs is hereby authorized to carry into execution the provisions of this Part.
(Amended 51 of 1911; 13 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 5 of 1924 Schedule)
(2) (Repealed 8 of 1993 s. 10)
(Amended 8 of 1993 s. 3)
Section: 10 (Repealed 20 of 2002 s. 5) L.N. 197 of 2004 12/02/2005
Section: 11 (Repealed 20 of 2002 s. 5) L.N. 197 of 2004 12/02/2005
Section: 12 Jurisdiction in land matters 25 of 1998; 34 of
1999
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2; 34 of 1999 s. 3
The Court of First Instance and the District Court shall have jurisdiction to hear and determine all questions and
disputes at law or in equity in connection with or in any wise arising out of or regarding any land in the New
Territories:
Provided that nothing in this section shall confer any greater jurisdiction upon the District Court than it exercises
from time to time with regard to questions and disputes at law or in equity in connection with or in any wise arising
out of or regarding land situate in any part of Hong Kong other than the New Territories.
(Replaced 13 of 1961 s. 5. Amended L.N. 57 of 1974; 25 of 1998 s. 2; 34 of 1999 s. 3)
Section: 13 Court of First Instance or the District Court may enforce
Chinese customs
25 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
(1) Subject to subsection (2), in any proceedings in the Court of First Instance or the District Court in relation
to land in the New Territories, the court shall have power to recognize and enforce any Chinese custom or customary
right affecting such land. (Amended 1 of 1953 Fourth Schedule; 55 of 1994 s. 10; 25 of 1998 s. 2)
(2) In subsection (1), "proceedings" (法律程序) does not include proceedings in respect of or in relation to the
Cap 97 - NEW TERRITORIES ORDINANCE 4
Probate and Administration Ordinance (Cap 10), the Intestates' Estates Ordinance (Cap 73) or the Inheritance
(Provision for Family and Dependants) Ordinance (Cap 481). (Added 55 of 1994 s. 10. Amended 58 of 1995 s. 27)
Section: 14 (Repealed 38 of 1969 s. 2) 30/06/1997
Section: 15 Registration of manager of "t'ong", etc. L.N. 197 of 2004 12/02/2005
Whenever any land is held from the Government under lease or other grant, agreement or licence in the name of
a clan, family or t'ong, such clan, family or t'ong shall appoint a manager to represent it. Every such appointment shall
be reported at the appropriate New Territories District Office of the Home Affairs Department, and the Secretary for
Home Affairs on receiving such proof as he may require of such appointment shall, if he approves thereof, register the
name of the said manager who shall, after giving such notices as may be prescribed, have full power to dispose of or
in any way deal with the said land as if he were sole owner thereof, subject to the consent of the Secretary for Home
Affairs, and shall be personally liable for the payment of all rents and charges and for the observance of all covenants
and conditions in respect of the said land. Every instrument relating to land held by a clan, family or t'ong, which is
executed or signed by the registered manager thereof in the presence of the Secretary for Home Affairs and is attested
by him, shall be as effectual for all purposes as if it had been executed or signed by all the members of the said clan,
family or t'ong. The Secretary for Home Affairs may on good cause shown cancel the appointment of any manager
and select and register a new manager in his place. If the members of any clan, family or t'ong holding land do not
within 3 months after the acquisition of the land make and prove the appointment of a manager, or within 3 months
after any change of manager prove the appointment of a new manager, it shall be lawful for the Government to re-
enter upon the land held by such clan, family or t'ong, which shall thereupon become forfeited. Such re-entry shall be
effected by the registration of a memorial thereof in the Land Registry.
(Amended 50 of 1911 s. 4; 51 of 1911; 12 of 1912 Schedule; 13 of 1912 Schedule; 33 of 1939 Schedule; 20 of
1948 s. 4; 8 of 1993 ss. 2, 3 & 12; 29 of 1998 s. 105; 32 of 2000 s. 48; 20 of 2002 s. 5)
Section: 16 Exemption of certain clans from the Companies Ordinance
(Cap 32)
30/06/1997
Any clan, family or t'ong owning land on 28 October 1910, in respect of which a manager has been duly
registered under this Ordinance, shall not, so long as such land is certified by the Secretary for Home Affairs as being
used for agricultural, religious, educational or charitable purposes or such other uses of a similar nature as are
recognized by established local custom, or for dwelling-houses occupied by bona fide members of the clan, family or
t'ong, be required to be registered under the Companies Ordinance (Cap 32), although such clan, family or t'ong may
consist of more than 20 members.
(Amended 51 of 1911; 13 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 33 of 1939
Schedule; 5 of 1924 Schedule; 20 of 1948 s. 4; 8 of 1993 s. 3)
Section: 17 (Repealed 55 of 1994 s. 11) 30/06/1997
Section: 18 Power to appoint trustees for minors L.N. 197 of 2004 12/02/2005
Whenever any land is vested in a minor, it shall be lawful for the Secretary for Home Affairs to appoint some fit
person to be a trustee thereof for such minor during his minority and to remove any such trustee and to appoint any
new trustee. Every such appointment shall be registered by the Secretary for Home Affairs in the Land Registry, and
upon registration the land the subject of the trust shall vest in the registered trustee for all the estate and interest of the
minor therein, and upon registration of the removal of any trustee the land shall divest from the trustee so removed and
vest in the continuing trustee or any newly registered trustee as the case may be. The Secretary for Home Affairs
before registering a trustee may require him to give security in such manner and to such amount as he may think fit for
the due execution of the trust. With the consent of the Secretary for Home Affairs a trustee may buy, sell, mortgage,
lease or otherwise deal with or dispose of any property to the like extent as if he were the beneficial owner thereof,
anything in the Trustee Ordinance (Cap 29), to the contrary notwithstanding.
Cap 97 - NEW TERRITORIES ORDINANCE 5
(Amended 50 of 1911 s. 4; 51 of 1911; 13 of 1912 Schedule; 5 of 1924 Schedule; 20 of 1948 s. 4; 8 of 1993 ss.
2 & 3; 20 of 2002 s. 5)
Section: 19 Certification of memorials 30/06/1997
For the purposes of this Ordinance, where a memorial of any deed, will or other instrument is certified by the
Land Registrar as correct, it shall not be necessary for such memorial to be verified in accordance with the provisions
of section 7 of the Land Registration Ordinance (Cap 128).
(Replaced 1 of 1962 s. 3. Amended 8 of 1993 s. 3)
Section: 20 Land Registrar not required to keep index 30/06/1997
It shall not be necessary for the Land Registrar to keep an index of names of the several parties to deeds and
other instruments, or of the devisors or devisees in the case of wills, or of the plaintiffs or defendants in the case of
judgments, orders and lites pendentes.
(Amended 20 of 1948 s. 4; 8 of 1993 s. 3)
Section: 21 (Repealed 72 of 1971 s. 3) 30/06/1997
Section: 22 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 23 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 24 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 25 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 26 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 27 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 28 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 29 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 30 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 31 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 32 (Repealed 62 of 1984 s. 66) 30/06/1997
Cap 97 - NEW TERRITORIES ORDINANCE 6
Section: 33 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 34 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 35 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 36 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 37 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 38 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 39 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 40 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 41 (Repealed 62 of 1984 s. 66) 30/06/1997
Section: 42 Power to make regulations under Part II 29 of 1998; 34 of
1999
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105; 34 of 1999 s. 3
The Chief Executive in Council may by regulation provide for the purposes of Part II, and particularly the fees to
be paid thereunder, and the recovery of Government rent by distraint or other proceedings. The said regulations shall
be published in both the English and Chinese languages.
(Amended 29 of 1998 s. 105; 34 of 1999 s. 3)
Section: 43 Certified copies receivable in evidence 30/06/1997
A copy of or extract from any document in the custody of the Land Registrar shall, if certified by him to be
correct, be admissible in evidence in all courts to the same extent as the original document would be admissible.
(Amended 51 of 1911; 13 of 1912 Schedule; 8 of 1993 s. 3)
Section: 44 Part not to affect Government, etc. 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 22
Nothing in this Part shall be deemed to affect the interests of the Government, or to confer a larger right in
relation to any land than is granted in the Government lease, grant or licence whereunder the said land is held; and no
liability shall attach to the Secretary for Home Affairs, or to the Government in respect of any act done or entry made
by the Secretary for Home Affairs in the course of his duty.
(Replaced 13 of 1995 s. 2. Amended 29 of 1998 s. 22)
Cap 97 - NEW TERRITORIES ORDINANCE 7
Schedule: SCHEDULE (Repealed 62 of 1984 s. 66) 30/06/1997
