Cap 125 - GOVERNMENT RENT AND PREMIUM (APPORTIONMENT) ORDINANCE 1
Chapter: 125 GOVERNMENT RENT AND PREMIUM
(APPORTIONMENT) ORDINANCE
Gazette Number Version Date
Long title 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 35 & 36
To provide for the apportionment of Government rent and premium.
(Amended 29 of 1998 s. 35)
[8 May 1970]
(Originally 43 of 1970)
Part: I PRELIMINARY 29 of 1998 01/07/1997
Section: 1 Short title 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 36
This Ordinance may be cited as the Government Rent and Premium (Apportionment) Ordinance.
(Amended 29 of 1998 s. 36)
Section: 2 Interpretation 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105
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 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 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; (Amended 29 of 1998 s. 105)
(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 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
Cap 125 - GOVERNMENT RENT AND PREMIUM (APPORTIONMENT) ORDINANCE 2
the section or relevant interest; and
(b) a mortgagee under a mortgage which is registered in the Land Registry;
"premium" (地價) means any sum, other than Government rent, required to be paid to the Government as a condition
or in consideration of-
(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;
"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 29 of 1998 s. 105)
(Amended 8 of 1993 ss. 2 & 3)
Section: 3 Application 29 of 1998; 3 of
2000
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 36; 3 of 2000 s. 3
(1A) (a) 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-
(i) in the case of an applicable lease extended by section 6 of the New Territories Leases
(Extension) Ordinance (Cap 150), 28 June 1997;
(ii) 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;
(iii) 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.
(b) 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)
(1) Subject to subsection (1A), this Ordinance does not apply to land in the New Territories unless the land-
(Amended 53 of 1997 s. 55)
(a) has been exempted from Part II of the New Territories Ordinance (Cap 97) under section 7 thereof; or
(b) is declared to be subject to this Ordinance by the Chief Executive by notice in the Gazette. (Amended
3 of 2000 s. 3)
(2) A notice under subsection (1)(b) may specify the date from which the land shall be subject to this
Ordinance.
Section: 4 Power of Chief Executive to give directions to Director of
Lands
29 of 1998; 3 of
2000
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 36; 3 of 2000 s. 3
(1) The Chief Executive may give to the Director of Lands any public officer such directions as he thinks fit
Cap 125 - GOVERNMENT RENT AND PREMIUM (APPORTIONMENT) ORDINANCE 3
with respect to the exercise or performance of their powers, functions and duties under this Ordinance, either generally
or in any particular case.
(2) 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)
Part: II APPORTIONMENT ON SECTIONS 29 of 1998 01/07/1997
Section: 5 Power to apportion on section 29 of 1998; 3 of
2000
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105; 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)
(a) the Government rent payable in respect of a section; and (Amended 29 of 1998 s. 105)
(b) where the principal premium is payable by instalments, the annual instalment of that premium payable
in respect of a section.
Section: 6 Apportionment of Government rent 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105
(1) 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-
(a) in accordance with any apportionment of the principal Government rent appearing in the Government
Rent Roll; or
(b) in accordance with any apportionment of the principal Government rent made in an instrument which
is registered in the Land Registry; or
(c) 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.
(2) The Director of Lands shall add to the Government rent determined in accordance with subsection (1)-
(a) such sum as may be necessary to make the same an even number of dollars; and
(b) a further sum of $2,
and the determined Government rent payable in respect of the section shall be the sum so ascertained.
(Amended 8 of 1993 s. 3; L.N. 291 of 1993; 29 of 1998 s. 105)
Section: 7 Apportionment of premium on section 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 36
(1) 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. 2)
(a) 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)
(b) if there is no such apportionment as is referred to in paragraph (a), so that it bears the same proportion
Cap 125 - GOVERNMENT RENT AND PREMIUM (APPORTIONMENT) ORDINANCE 4
to the annual instalment of the principal premium as the area of the section bears to the area of the lot.
(2) The Director of Lands shall add to the annual instalment of premium determined in accordance with
subsection (1)- (Amended 8 of 1993 s. 2)
(a) such sum as may be necessary to make the same an even number of dollars; and
(b) a further sum of $10,
and the determined annual instalment of premium payable in respect of the section shall be the sum so ascertained.
(L.N. 291 of 1993)
Section: 8 Effect of apportionment on section 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105
(1) 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.
(2) There shall be deemed to be included in such separate Government lease of the section-
(a) 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
(b) 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.
(3) 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.
(4) 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)
Section: 9 Saving of Government lease of lot 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 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)
Section: 10 Area of lot or section 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105
(1) 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 ss. 2 & 3;
29 of 1998 s. 105)
(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; L.N. 94 of 1986; 8 of 1993 ss. 3 & 16; 29 of 1998 s. 105)
Cap 125 - GOVERNMENT RENT AND PREMIUM (APPORTIONMENT) ORDINANCE 5
(3) A certificate-
(a) 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)
(b) specifying the area of a lot or section ascertained by a survey pursuant to subsection (2), (Amended 8
of 1993 s. 16)
shall be conclusive evidence for the purposes of this Ordinance of the area of the lot or section.
(L.N. 291 of 1993)
Part: III APPORTIONMENT ON RELEVANT INTERESTS 29 of 1998 01/07/1997
Section: 11 Cases in which Government rent or premium to be treated
as apportioned in registered instrument
29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105
For the purposes of this Part-
(a) the principal Government rent shall be treated as apportioned in an instrument which is registered in
the Land Registry only if- (Amended 29 of 1998 s. 105)
(i) 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 (Amended 29 of 1998 s. 105)
(ii) 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)
(b) the annual instalment of the principal premium shall be treated as apportioned in an instrument which
is registered in the Land Registry only if-
(i) 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
(ii) 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.
(Amended 8 of 1993 s. 2)
Section: 12 Power to apportion on relevant interest 29 of 1998; 3 of
2000
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105; 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)
(a) the Government rent payable in respect of a relevant interest; (Amended 29 of 1998 s. 105)
(b) where the principal premium is payable by instalments, the annual instalment of that premium payable
in respect of a relevant interest.
Section: 13 Apportionment of Government rent on relevant interest 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105
(1) If the Director of Lands decides in accordance with section 12 to determine the Government rent payable in
Cap 125 - GOVERNMENT RENT AND PREMIUM (APPORTIONMENT) ORDINANCE 6
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)
(a) in accordance with any apportionment of the principal Government rent made in an instrument which
is registered in the Land Registry; or
(b) 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.
(2) The Director of Lands shall add to the Government rent determined in accordance with subsection (1)-
(a) such sum as may be necessary to make the same an even number of dollars; and
(b) a further sum of $2,
and the determined Government rent payable in respect of the relevant interest shall be the sum so ascertained.
(Amended 8 of 1993 ss. 2 & 3; L.N. 291 of 1993; 29 of 1998 s. 105)
Section: 14 Apportionment of premium on relevant interest 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 36
(1) 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)
(a) 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
(b) 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.
(2) The Director of Lands shall add to the annual instalment of premium determined in accordance with
subsection (1)-
(a) such sum as may be necessary to make the same an even number of dollars; and
(b) 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.
(Amended 8 of 1993 ss. 2 & 3; L.N. 291 of 1993)
Section: 14A Apportionment of Government rent and premium on
relevant interest in respect of an existing building
29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105
(1) 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.
(2) 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)
(3) The Director of Buildings and Lands shall add to the Government rent or the annual instalment of premium
determined in accordance with subsection (1)-
(a) such sum as may be necessary to make the same an even number of dollars; and
(b) 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
Cap 125 - GOVERNMENT RENT AND PREMIUM (APPORTIONMENT) ORDINANCE 7
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)
Section: 15 Effect of apportionment on relevant interest 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105
(1) With effect from the publication in the Gazette of notice under section 22(2)-
(a) the owner of the relevant interest shall be liable to pay the determined Government rent to the
Government-
(i) as from the day up to which the principal Government rent has been paid; or
(ii) 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
(b) any liability of the owner of the relevant interest in respect of the payment of the principal Government
rent to the Government shall determine.
(2) With effect from the publication in the Gazette of notice under section 22(2)-
(a) the owner of the relevant interest shall be liable to pay the determined annual instalment of premium to
the Government-
(i) as from the day on which the last annual instalment of the principal premium which has been
paid became due; or
(ii) 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
(b) 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)
Section: 16 Liability for payment of determined Government rent and
premium where relevant interests formed part of another
relevant interest
29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105
(1) Where-
(a) a relevant interest at some time formed part of another relevant interest; and
(b) 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.
(2) Where-
(a) a relevant interest at some time formed part of another relevant interest; and
(b) 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)
Cap 125 - GOVERNMENT RENT AND PREMIUM (APPORTIONMENT) ORDINANCE 8
Section: 17 Saving of Government lease 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 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)
Part: IV APPORTIONMENT PROCEDURE 29 of 1998 01/07/1997
Section: 18 Notice of intention to apportion on relevant interests 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 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)
(a) the relevant interests in relation to which he proposes to exercise those powers; and
(b) 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)
Section: 19 Objection to exercise of Director of Lands' powers under
section 12
29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 36
(1) 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.
(2) An objection under subsection (1)-
(a) 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
(b) shall contain particulars of the grounds on which the objection is made.
(3) 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)
(4) 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 ss. 3 & 18; L.N. 291 of 1993)
Section: 20 Director of Lands to have regard to objections 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 36
(1) 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).
(2) 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)
Cap 125 - GOVERNMENT RENT AND PREMIUM (APPORTIONMENT) ORDINANCE 9
Section: 21 Appeal in certain cases where Director of Lands decides
not to exercise powers
29 of 1998; 3 of
2000
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 36; 3 of 2000 s. 3
(1) 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.
(2) 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 L.N.
291 of 1993)
(3) 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)
(4) 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)
(Amended 8 of 1993 s. 3)
Section: 22 Notice of determined Government rent and determined
annual instalment of premium
29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105
(1) 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-
(a) cause notice of the determined Government rent, and determined annual instalment of premium if any,
to be published in the Gazette; and
(b) 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.
(2) 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-
(a) cause notice of the determined Government rent, and the determined annual instalment of premium if
any, to be published in the Gazette; and
(b) 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 ss. 2 & 3; L.N. 291 of 1993; 29 of 1998 s. 105)
Part: V MISCELLANEOUS 29 of 1998 01/07/1997
Section: 23 Cancellation of apportionment where divided building
demolished or destroyed
29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 37
(1) 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 29 of 1998 s. 37)
(2) The Director of Lands shall cause notice of the cancellation of any such determination to be published in
the Gazette.
(3) With effect from the publication in the Gazette of notice under subsection (2), the Government rent, and the
Cap 125 - GOVERNMENT RENT AND PREMIUM (APPORTIONMENT) ORDINANCE 10
premium if any, payable in respect of the lot shall be paid-
(a) 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
(b) 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)
(4) A certificate-
(a) 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)
(b) 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 8 of 1993 s. 3; L.N. 291 of 1993)
Section: 24 Correction of clerical errors 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 36
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)
Section: 25 Covenants between owners not to be affected 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 105
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)
Section: 26 Delegation by Director of Lands 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 36
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)
Section: 27 Transitional provisions 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 36 & 38
(1) 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.
(2) A section which by virtue of section 9 of the repealed Crown Rents (Apportionment) Ordinance (Cap 125,
Cap 125 - GOVERNMENT RENT AND PREMIUM (APPORTIONMENT) ORDINANCE 11
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)
(3) 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.
