New Territories Land (Exemption) Ordinance


Published: 1997-06-30

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Cap 452 - NEW TERRITORIES LAND (EXEMPTION) ORDINANCE 1

Chapter: 452 NEW TERRITORIES LAND (EXEMPTION)
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


An Ordinance to exempt certain land in the New Territories from the application of Part II of the New Territories
Ordinance.


[24 June 1994]


(Originally 55 of 1994)

(Enacted 1994)

Part: I PRELIMINARY 30/06/1997


(Enacted 1994)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the New Territories Land (Exemption) Ordinance.
(Enacted 1994)


Section: 2 Interpretation 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105


(1) In this Ordinance, unless the context otherwise requires-
"land" (土地) has the meaning assigned to it under section 2 of the New Territories Ordinance (Cap 97);
"rural land" (農村地) means land in the New Territories being the subject of a Government lease of an old schedule

lot, village lot, small house holding or similar rural holding. (Amended 53 of 1997 s. 59; 29 of 1998 s. 105)
(2) For the purposes of the definition "rural land" (農村地) in subsection (1) the expressions "old schedule

lot", "village lot", "small house holding" and "similar rural holding" have the meanings respectively assigned to them
under the Government Rent (Assessment and Collection) Ordinance (Cap 515). (Amended 53 of 1997 s. 59)

(Enacted 1994)

Part: II EXEMPTION OF LAND 30/06/1997




Section: 3 Exemption of land from Part II of the New Territories
Ordinance (Cap 97)

29 of 1998; 40 of
1999

01/07/1997



Expanded Cross Reference:

4, 5, 6



Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105; 40 of 1999 s. 3


Subject to sections 4 to 6, any land in the New Territories of the description mentioned in section 7(2) and (3) of
the New Territories Ordinance (Cap 97) shall-

(a) from the commencement of this Ordinance , in the case of rural land, not being land exempted by the
Chief Executive under that section from Part II of that Ordinance, be deemed for the purpose of
entitlement to rural land in succession, and only for that purpose, to be exempt under that section from



Cap 452 - NEW TERRITORIES LAND (EXEMPTION) ORDINANCE 2

Part II of that Ordinance; and
(b) from the date of the grant of the Government lease, in the case of any land other than rural land, not

being land exempted by the Chief Executive under that section from Part II of that Ordinance, be
deemed for any purpose, to have always been exempt under that section from Part II of that Ordinance.
(Amended 29 of 1998 s. 105)

(Amended 40 of 1999 s. 3)
(Enacted 1994)


Section: 4 Savings relating to certain transactions and statutory

succession
30/06/1997



(1) Any transaction affecting land in the New Territories referred to in section 3 and executed prior to the
commencement of this Ordinance shall not, by reason only of that section, be unenforceable or of no effect or be
called into question in any court.

(2) Nothing in section 3 shall affect the entitlement of a successor registered under section 17 of the New
Territories Ordinance (Cap 97), prior to the commencement of this Ordinance.

(Enacted 1994)

Section: 5 Savings for customary land trusts 30/06/1997


(1) Section 3 shall not apply to land in the New Territories held in the name of any clan, family or t'ong in the
manner described in section 15 of the New Territories Ordinance (Cap 97).

(2) The Probate and Administration Ordinance (Cap 10), the Intestates' Estates Ordinance (Cap 73) and the
Inheritance (Provision for Family and Dependants) Ordinance (Cap 481) shall not apply to proceedings in respect of
or in relation to land in the New Territories held in the name of any clan, family or t'ong. (Amended 58 of 1995 s. 30)

(Enacted 1994)

Section: 6 Saving for jurisdiction in land matters 25 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2


Nothing in section 3 shall affect the jurisdiction conferred on the Court of First Instance and the District Court
under or by virtue of section 12 of the New Territories Ordinance (Cap 97).

(Amended 25 of 1998 s. 2)

Section: 7 Provision relating to the Probate and Administration

Ordinance (Cap 10)
40 of 1999 01/07/1997



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


For the purposes of the Probate and Administration Ordinance (Cap 10), land to which Part II of the New
Territories Ordinance (Cap 97) applies, not being land already so exempted by the Chief Executive, shall be deemed
to be land exempted from that Part by the Chief Executive under section 7(2) or (3) of that Ordinance.

(Amended 57 of 1995 s. 16; 40 of 1999 s. 3)
(Enacted 1994)


Section: 8 Provision relating to the Intestates' Estates Ordinance

(Cap 73)
40 of 1999 01/07/1997



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


For the purposes of the Intestates' Estates Ordinance (Cap 73), land to which Part II of the New Territories



Cap 452 - NEW TERRITORIES LAND (EXEMPTION) ORDINANCE 3

Ordinance (Cap 97) applies, not being land already so exempted by the Chief Executive, shall be deemed to be land
exempted from that Part by the Chief Executive under section 7(2) or (3) of that Ordinance.

(Amended 57 of 1995 s. 17; 40 of 1999 s. 3)
(Enacted 1994)


Section: 9 Provision relating to section 2 of the Inheritance (Provision

for Family and Dependants) Ordinance (Cap 481)
40 of 1999 01/07/1997



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


For the purposes of the definition "net estate" in section 2 of the Inheritance (Provision for Family and
Dependants) Ordinance (Cap 481), land to which Part II of the New Territories Ordinance (Cap 97) applies, not being
land already so exempted by the Chief Executive, shall be deemed to be land exempted from that Part by the Chief
Executive under section 7(2) or (3) of that Ordinance.

(Amended 58 of 1995 s. 31; 40 of 1999 s. 3)
(Enacted 1994)


Part: III MISCELLANEOUS 30/06/1997


(Enacted 1994)

Section: 10 (Omitted as spent) 30/06/1997


(Enacted 1994)

Section: 11 (Omitted as spent) 30/06/1997


(Enacted 1994)

Section: 12 Transitional provision 25 of 1998; 40 of

1999
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2; 40 of 1999 s. 3


Where, at the commencement of this Ordinance, rural land is held in the name of a deceased person registered in
accordance with the New Territories Ordinance (Cap 97) otherwise than as a manager, if no grant of probate or
administration of the estate of the deceased is made by the Court of First Instance within 3 months after the death of
that person then, notwithstanding sections 3(a), 10(c) and 11 of this Ordinance-

(a) the Secretary for Home Affairs may exercise the powers conferred on him under section 17 of the New
Territories Ordinance (Cap 97) in respect of any person who may be entitled to that rural land in
succession to the deceased person as if section 17 of that Ordinance had not been repealed;

(b) in any proceedings in the Court of First Instance or the District Court concerning the exercise by the
Secretary for Home Affairs of those powers in relation to that rural land, the court shall have power to
recognize and enforce any Chinese custom or customary right affecting that rural land as if section
13(2) had not been added to that Ordinance; and

(c) on the registration of the name of the person entitled to that rural land in succession to the deceased
person being effected by the Secretary for Home Affairs under section 17 of that Ordinance, that rural
land shall, for the purpose of entitlement to rural land in succession and only for that purpose, be
deemed to be land exempted from Part II of that Ordinance by the Chief Executive under section 7(2)
or (3) of that Ordinance. (Amended 40 of 1999 s. 3)

(Amended 25 of 1998 s. 2)

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