New Territories Leases (Extension) Ordinance


Published: 1997-06-30

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Cap 150 - NEW TERRITORIES LEASES (EXTENSION) ORDINANCE 1

Chapter: 150 NEW TERRITORIES LEASES (EXTENSION)
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To provide for the extension of certain leases of land in the New Territories.
(Enacted 1988)


[Parts I and IV} 26 February 1988
Parts II and III} 25 April 1988 L.N. 48 of 1988]


(Originally 7 of 1988)

Preamble 30/06/1997


WHEREAS the Joint Declaration of the Government of the United Kingdom and the Government of the People's
Republic of China on the Question of Hong Kong signed in Beijing on 19 December 1984 provides that certain
leases of land expiring before 30 June 1997 may be extended until not later than 30 June 2047:

(Enacted 1988)

Part: I PRELIMINARY 30/06/1997




Section: 1 Short title 30/06/1997


(1) This Ordinance may be cited as the New Territories Leases (Extension) Ordinance.
(2) (Omitted as spent)

(Enacted 1988)

Section: 2 Application 30/06/1997


This Ordinance applies to every New Territories lease that exists at the commencement of this section and that,
but for this Ordinance, would expire before 30 June 1997, not being-

(a) a short term tenancy;
(b) a lease for special purposes; or
(c) a lease in respect of which the lessee registers a memorandum under section 5.

(Enacted 1988)

Section: 3 Interpretation L.N. 136 of 2000 30/06/2000


(1) In this Ordinance-
"appointed day" (指定日期) means the day appointed *(Words Omitted as Spent) for section 6 to come into

operation;
"Land Registry register" (土地註冊處註冊紀錄冊) means the register that is kept in the Land Registry, under the

Land Registration Ordinance (Cap 128), in respect of land that is the subject of a New Territories lease;
(Amended 8 of 1993 s. 2)

"lease for special purposes" (特殊用途契約) means-
(a) a lease that satisfies the description in subsection (2) but is not-

(i) a short term tenancy;
(ii) a lease of any of the lots specified in Part II of the Schedule; or
(iii) a lease granted to the Hong Kong Housing Authority, the MTR Corporation Limited, the

Kowloon-Canton Railway Corporation or the Hong Kong Housing Society; (Amended 13 of
2000 s. 65)



Cap 150 - NEW TERRITORIES LEASES (EXTENSION) ORDINANCE 2

(b) a lease of any of the lots specified in Part I of the Schedule;
"New Territories lease" (新界契約) and "lease" (契約) mean a lease of land in the New Territories granted by or on

behalf of the Governor and include an agreement to grant such a lease;
"short term tenancy" (短期租約) means a lease expressed to be granted for a term of not more than 7 years; and in

calculating that period for the purpose of this definition there shall be excluded any extension or renewal of the
lease that has occurred, or may occur, by virtue of the exercise of any right.
(2) The lease description referred to in the definition of "lease for special purposes" in subsection (1) is that the

lease-
(a) contains a prohibition, expressed or intended by the parties to enure for the full term of the lease,

against the assignment of the land that is the subject of the lease or of any interest therein; and
(b) contains no provision whereby the land that is the subject of the lease, and every interest therein, could

be assigned by the lessee upon the occurrence of any event or contingency, or upon compliance with
any condition,

whether or not the express provisions of the lease permit the land that is the subject of the lease, or any interest
therein, to be assigned with the consent of the lessor or any Government authority, or to be charged, mortgaged or
sublet.

(Enacted 1988)
________________________________________________________________________________
Note:
* The appointed day is 25 April 1988-see L.N. 48 of 1988.

Section: 4 Note to be made in Land Office register of all special

purpose leases
30/06/1997



(1) Where a lease is a lease for special purposes, the Land Officer shall make a note to that effect in the Land
Office register before the appointed day.

(2) A lease shall for the purposes of this Ordinance be conclusively deemed-
(a) to be a lease for special purposes if, before the appointed day, a note has been made by the Land

Officer in the Land Office register to the effect that it is such a lease;
(b) not to be a lease for special purposes if no such note has been made by the Land Officer in the Land

Office register by the appointed day.
(Enacted 1988)


Section: 5 Option by the lessee 30/06/1997


(1) A lessee may exclude from the application of this Ordinance his interest under a lease, other than an
undivided share in the land to which the lease relates, by registering in the Land Office register, before the appointed
day, a memorandum in a form specified by the Land Officer.

(2) In this section "lessee" (承租人)-
(a) means a person whose name is registered in the Land Office as owner, leaseholder or holder; and
(b) where more than one person is so registered in respect of the same interest or, in addition to any person

so registered, any other person has an interest under-
(i) an agreement for sale; or
(ii) a mortgage,
registered in the Land Office, means all of them acting jointly.

(Enacted 1988)

Part: II EXTENSION OF NEW TERRITORIES LEASES 30/06/1997




Section: 6 Extension of leases 30/06/1997


The term of a lease to which this Ordinance applies is extended, from the date on which it would, apart from this
Ordinance, expire, until the expiry of 30 June 2047, without payment of any additional premium.



Cap 150 - NEW TERRITORIES LEASES (EXTENSION) ORDINANCE 3

(Enacted 1988)

Section: 7 Burdens and covenants 30/06/1997


(1) During the period of the extension of a lease under section 6, the lease and any interest therein created by or
under an instrument registered in the Land Registry shall, unless the contrary intention appears from the instrument, be
subject to- (Amended 8 of 1993 s. 2)

(a) the same encumbrances and interests as applied immediately before the period of extension, including-
(i) any mortgage or charge, whether legal or equitable;
(ii) any public rights;
(iii) any mutual covenants, rights, easements, tenancies or other burdens of whatsoever kind or

nature;
(b) the same covenants, exceptions, reservations, stipulations, provisos and declarations (including the

right of re-entry) as applied immediately before the period of extension, except the reservation of and
covenant to pay rent;

(c) a reservation of-
(i) subject to subparagraph (ii), the Government rent payable under the Government Rent

(Assessment and Collection) Ordinance (Cap 515);
(ii) in the case of an exemption from liability to pay Government rent under the Government Rent

(Assessment and Collection) Ordinance (Cap 515), the annual rent payable immediately before
the period of extension; and (Replaced 53 of 1997 s. 56)

(d) a convenant by the lessee to pay the Government rent specified in paragraph (c)(i) or the annual rent
specified in paragraph (c)(ii), as the case may be-
(i) in the case of such Government rent, in accordance with the Government Rent (Assessment and

Collection) Ordinance (Cap 515);
(ii) in the case of such annual rent, in the same manner and on the same days as applied immediately

before the period of extension. (Replaced 53 of 1997 s. 56)
(2) The rights and obligations of any person under any encumbrance, interest, covenant, exception, reservation,

stipulation, proviso or declaration mentioned in paragraphs (a), (b), (c) and (d) of subsection (1) shall, unless the
contrary intention appears from the instrument creating that encumbrance, interest, covenant, exception, reservation,
stipulation, proviso or declaration, continue during the period of the extension of a lease under section 6 as if that
period of extension were expressly mentioned in the instrument.

(3) Where the provisions of a lease whose term has been extended by section 6-
(a) empower the lessor, subject to the payment of compensation to the lessee, to resume the land that is the

subject of the lease; and
(b) prescribe a method of calculating the compensation that includes references to-

(i) a fraction, whose numerator is the figure one, of any sum; and
(ii) the portion of the term that is unexpired at the date of resumption,

the method of calculation shall be applied as if the denominator in the fraction were greater by 50 than that specified
in the lease and as if the lease had originally been expressed to be granted for a term that included the period for which
the lease is extended by section 6.

(Enacted 1988)

Part: III (Repealed 53 of 1997 s. 57) 30/06/1997




Section: 8 (Repealed 53 of 1997 s. 57) 30/06/1997




Section: 9 (Repealed 53 of 1997 s. 57) 30/06/1997






Cap 150 - NEW TERRITORIES LEASES (EXTENSION) ORDINANCE 4

Part: IV MISCELLANEOUS 30/06/1997




Section: 10 Breaches of covenants 30/06/1997


Nothing in this Ordinance shall constitute a waiver of any right arising out of a breach of a covenant committed
before the appointed day.

(Enacted 1988)

Section: 11 Power to make regulations 40 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 40 of 1999 s. 3


The Chief Executive in Council may by regulation- (Amended 40 of 1999 s. 3)
(a)-(h) (Repealed 53 of 1997 s. 58)
(i) provide for entries to be made in the Land Registry register; (Amended 8 of 1993 s. 2)
(j) (Repealed 53 of 1997 s. 58)
(k) prescribe forms; and
(l) generally, provide for the better carrying out of the provisions and purposes of this Ordinance.

(Enacted 1988)

Schedule: SCHEDULE 30/06/1997


[section 3]


PART I


LOTS SPECIFICALLY INCLUDED IN THE DEFINITION OF LEASE
FOR SPECIAL PURPOSES


1. Kwai Chung Lot No. 4
2. Kwai Chung Lot No. 5
3. New Kowloon Inland Lot No. 5611
4. New Kowloon Inland Lot No. 5910
5. New Kowloon Permanent Pier No. 15
6. New Kowloon Permanent Pier No. 17
7. New Kowloon Permanent Pier No. 22 and Extension
8. New Kowloon Permanent Pier No. 23
9. New Kowloon Permanent Pier No. 24
10. New Kowloon Permanent Pier No. 25
11. Tsuen Wan Permanent Pier No. 17
12. Tsuen Wan Permanent Pier No. 20
13. Tsuen Wan Permanent Pier No. 21
14. Tsuen Wan Permanent Pier No. 23
15. Tsuen Wan Permanent Pier No. 28
16. Tsuen Wan Permanent Pier No. 29
17. Tsuen Wan Permanent Pier No. 31
18. Lot No. 1405 Section A in Demarcation District 6
19. Lot No. 1405 Section B in Demarcation District 6
20. Lot No. 1405 Remaining Portion in Demarcation District 6
21. Lot No. 4925 in Demarcation District 51
22. Lot No. 2140 in Demarcation District 83
23. Lot No. 3329 Remaining Portion in Demarcation District 102
24. Lot No. 275 in Demarcation District 335



Cap 150 - NEW TERRITORIES LEASES (EXTENSION) ORDINANCE 5

25. Lot No. 725 in Demarcation District 450
26 Lot No. 726 in Demarcation District 450
27. Lot No. 727 in Demarcation District 450
28. Lot No. 1235 in Demarcation District 453



PART II


LOTS SPECIFICALLY EXCLUDED FROM THE DEFINITION OF LEASE FOR SPECIAL PURPOSES

1. Sha Tin Town Lot No. 143
2. Tuen Mun Town Lot No. 238
3. Lot No. 758 in Demarcation District 379

(Enacted 1988)

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