New Territories (Renewable Government Leases) Ordinance


Published: 1997-07-01

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Cap 152 - NEW TERRITORIES (RENEWABLE GOVERNMENT LEASES) ORDINANCE 1

Chapter: 152 NEW TERRITORIES (RENEWABLE GOVERNMENT
LEASES) ORDINANCE

Gazette Number Version Date


Long title 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 46 & 47

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]

(Originally 20 of 1969)

Section: 1 Short title 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 47


This Ordinance may be cited as the New Territories (Renewable Government Leases) Ordinance.
(Amended 29 of 1998 s. 47)


Section: 2 Interpretation L.N. 197 of 2004 12/02/2005


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)


Section: 3 Application 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 47 & 105


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)

Section: 4 New Government leases deemed to be granted on 1st July

1973
L.N. 197 of 2004 12/02/2005



(1) In the case of an existing Government lease of a lot which has not been divided into sections before the 1st



Cap 152 - NEW TERRITORIES (RENEWABLE GOVERNMENT LEASES) ORDINANCE 2

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.

(2) 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.

(3) 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-

(a) 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;

(b) 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;

(c) 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;

(d) 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-
(i) the covenant to pay the Government rent; and
(ii) the provision (if any) for fixing a new Government rent at the expiration of the first ten years of

the term; and
(iii) the right of renewal on the expiration of the term;

(e) 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).

(4) 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-

(a) 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)

(b) any public rights; and
(c) 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)

Section: 5 Saving of Government rights 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 47 & 105


(1) 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.

(2) 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)

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