Block Crown Lease (Cheung Chau) Ordinance


Published: 1997-07-01

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Cap 488 - BLOCK CROWN LEASE (CHEUNG CHAU) ORDINANCE 1

Chapter: 488 BLOCK CROWN LEASE (CHEUNG CHAU)
ORDINANCE

Gazette Number Version Date


Long title 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 91

An Ordinance to provide for the termination of the Block Crown Lease of Cheung Chau granted to Wong Wai Tsak

Tong and for sub-lessees under the Block Crown Lease to hold directly from the Government.
(Amended 29 of 1998 s. 91)


[8 September 1995] L.N. 408 of 1995


(Originally 97 of 1995)

(Enacted 1995)

Section: 1 Short title 30/06/1997


(1) This Ordinance may be cited as the Block Crown Lease (Cheung Chau) Ordinance.
(2) (Omitted as spent)

(Enacted 1995)

Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"Block Crown Lease" (集體官契) means the Block Crown Lease of the survey district Cheung Chau dated 18 March

1905 and made between the Crown of the one part and Wong Wai Tsak Tong of the other part, whereby certain
lots in Cheung Chau were demised, and includes grants of lots in favour of Wong Wai Tsak Tong made after 18
March 1905 and other grants of lots made after that date which have been assigned to Wong Wai Tsak Tong;

"land" (土地) means a lot or lots, or part or parts thereof;
"lot" (地段) means a piece or parcel of ground demised under the Block Crown Lease or granted after 18 March 1905,

whether upon the surrender of old lots under the Block Crown Lease or not, and identified by a lot number in the
Land Registry;

"sub-lease" (分租契) means a sub-lease granted by Wong Wai Tsak Tong which has been registered in the Land
Registry before the commencement of this Ordinance of land or undivided shares in land held under the Block
Crown Lease for a term of years specified in the sub-lease and renewable on the same terms until the termination
of the Block Crown Lease, whether renewed or not, and includes such a sub-lease which has been assigned in
whole or in part or has been retained in part following an assignment and which assignment has been registered
in the Land Registry before the commencement of this Ordinance;

"sub-lessee" (分租契承租人) means a person who is the sub-lessee in a sub-lease, his executor, administrator and
assign;

"undivided shares in land" (土地的不分割份數) includes the entitlement to exclusive possession of premises
attached to the entitlement to the undivided shares.

(Enacted 1995)

Section: 3 Termination of the Block Crown Lease 30/06/1997


Upon this Ordinance coming into operation as provided by section 1(2), the Block Crown Lease granted to
Wong Wai Tsak Tong is terminated.

(Enacted 1995)




Cap 488 - BLOCK CROWN LEASE (CHEUNG CHAU) ORDINANCE 2

Section: 4 Sub-lessees under the Block Crown Lease are deemed
Government lessees

29 of 1998 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 92


(1) As from the commencement of this Ordinance, all sub-lessees, other than the sub-lessees of the sub-leases
referred to in section 9(1), are deemed to hold the land or undivided shares in land to which they are respectively
entitled under the sub-leases directly from the Government as Government lessees.

(2) As from the expiration of the current term of a new sub-lease deemed to be granted under section 9(2), the
sub-lessee is deemed to hold the land or undivided shares in land to which he is entitled under the new sub-lease
directly from the Government as Government lessee or lessee.

(Amended 29 of 1998 s. 92)
(Enacted 1995)


Section: 5 Sub-leases under the Block Crown Lease are deemed

Government leases
29 of 1998 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 93


(1) As from the commencement of this Ordinance, all sub-leases, other than the sub-leases referred to in section
9(1), are-

(a) deemed Government leases as if a separate Government lease has been granted as from that date in
place of each sub-lease to each sub-lessee respectively for the residue of the term of the Block Crown
Lease as renewed under the New Territories (Renewable Government Leases) Ordinance (Cap 152)
and extended under the New Territories Leases (Extension) Ordinance (Cap 150) and shall be deemed
to contain-
(i) the same covenants, exceptions, reservations, powers and conditions contained in the Block

Crown Lease, so far as they are applicable, provided that the sub-lessee who is deemed to be the
Government lessee under section 4(1) shall replace Wong Wai Tsak Tong as the party bound;

(ii) without prejudice to subparagraph (i), a covenant by the sub-lessee who is deemed to be the
Government lessee under section 4(1) to pay directly to the Government in the same manner and
on the same days as specified in the Block Crown Lease the Government rent applicable under
section 7(1) and to pay the rent applicable under section 7(2); and

(b) extended, from the date on which each sub-lease would, apart from this Ordinance, expire, until the
expiry of 30 June 2047, without payment of any additional premium.

(2) As from the date immediately after the expiry of the current term of a new sub-lease deemed to be granted
under section 9(2), the new sub-lease is deemed to be a direct lease from the Government as if a lease had been
granted by the Government to the sub-lessee as from that date until the expiry of 30 June 2047 in place of the new
sub-lease and the direct lease is deemed to contain-

(a) the same covenants, exceptions, reservations, powers and conditions contained in the separate
Government lease deemed to have been granted to Wong Wai Tsak Tong under section 6, so far as
they are applicable, provided that the sub-lessee who is deemed to be the lessee under section 4(2)
shall replace Wong Wai Tsak Tong as the party bound;

(b) without prejudice to paragraph (a), a covenant by the sub-lessee who is deemed to be the lessee under
section 4(2) to pay directly to the Government the rent applicable under section 7.

(3) A sub-lease which is deemed to be a Government lease under subsection (1) and the Government lease
deemed to be granted to Wong Wai Tsak Tong under section 6 are Government leases for all purposes.

(4) A new sub-lease which is deemed to be a direct lease from the Government under subsection (2) is, for all
purposes, a lease granted directly by the Government.

(Amended 29 of 1998 s. 93)
(Enacted 1995)





Cap 488 - BLOCK CROWN LEASE (CHEUNG CHAU) ORDINANCE 3

Section: 6 Lots not sub-leased and lots to which sections 4 and 5 are
inapplicable

29 of 1998 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 94


(1) A separate Government lease of all the land or undivided shares in land held by Wong Wai Tsak Tong
under the Block Crown Lease but in respect of which sections 4(1) and 5(1) have no effect is, on the commencement
of this Ordinance, deemed to have been granted to Wong Wai Tsak Tong as from that date as Government lessee for
the residue of the term of the Block Crown Lease as renewed under the New Territories (Renewable Government
Leases) Ordinance (Cap 152) and extended under the New Territories Leases (Extension) Ordinance (Cap 150) and
that Government lease contains the same covenants, exceptions, reservations, powers and conditions contained in the
Block Crown Lease, so far as applicable.

(2) As from the date of the deeming, under section 5(2), of a new sub-lease referred to in section 9(2) to be a
direct lease from the Government, the land or undivided shares in land held under the separate Government lease
deemed to have been granted to Wong Wai Tsak Tong under subsection (1) to which the deemed direct lease relates
are deemed to have been surrendered to the Government, and the separate Government lease is deemed to have been
modified to exclude that land or those undivided shares in land.

(Amended 29 of 1998 s. 94)
(Enacted 1995)


Section: 7 Rent for deemed leases 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 95


(1) Government rent payable for the period until 30 June 1997 for a sub-lease deemed to be a Government
lease under section 5(1) or for the Government lease deemed to have been granted to Wong Wai Tsak Tong under
section 6(1) is, in respect of the land or undivided shares in land, the subject of the deemed Government lease or the
Government lease deemed to have been granted, in the amount specified in the Block Crown Lease in respect of the
land or undivided shares in land.

(2) Rent payable to the Government for the period from 1 July 1997 to 30 June 2047 for a sub-lease deemed to
be a Government lease under section 5(1), for a new sub-lease under section 9(2) deemed to be a direct lease under
section 5(2), or for the Government lease deemed to have been granted to Wong Wai Tsak Tong under section 6(1) is,
in respect of the land or undivided shares in land, the subject of the deemed Government lease, the deemed direct lease
or the Government lease deemed to have been granted, an amount equivalent to 3% of the rateable value from time to
time of the land or undivided shares in land.

(Amended 29 of 1998 s. 95)
(Enacted 1995)


Section: 8 Existing burden and covenants 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 96


Every new Government lease or direct lease deemed to have been granted under sections 5 and 6 and the land
thereby deemed to be demised shall be subject to such of the following encumbrances and interests as the land and the
sub-lease, the new sub-lease under section 9(2) and the Block Crown Lease relating thereto were subject to
immediately before this Ordinance comes into operation- (Amended 29 of 1998 s. 96)

(a) any mortgage or charge, whether legal or equitable, and whether registered in a Land Registry register
or not;

(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 instrument and were not thereby expressed to continue after the date
this Ordinance comes into operation.



Cap 488 - BLOCK CROWN LEASE (CHEUNG CHAU) ORDINANCE 4

(Enacted 1995)

Section: 9 Special sub-leases 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 96


(1) Sections 4(1) and 5(1) do not apply to a sub-lease which by agreement between Wong Wai Tsak Tong and
the sub-lessee has been granted or renewed for any period extending beyond 9 November 1994 and under which
agreement the Tong and the sub-lessee have agreed on the amount of rent payable to the Tong under the sub-lease
after 30 June 1997.

(2) A sub-lessee under a sub-lease referred to in subsection (1) is deemed, immediately on the date of the
deemed granting of a separate Government lease to Wong Wai Tsak Tong under section 6(1), to be granted by Wong
Wai Tsak Tong a new sub-lease as from that date for the residue of the term of that sub-lease on the same terms and
conditions as the sub-lease referred to in subsection (1). (Amended 29 of 1998 s. 96)

(Enacted 1995)

Section: 10 Compensation 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 97


(1) Wong Wai Tsak Tong is entitled to claim compensation under this section-
(a) for the termination of the Block Crown Lease under section 3 in respect of the land or undivided shares

in land in respect of which sections 4(1) and 5(1) have effect; and
(b) for the deemed surrender of the land or undivided shares in land under section 6(2),

and the amount of compensation is to be determined in accordance with sections 10, 11 and 12 of the Lands
Resumption Ordinance (Cap 124) as if the land or undivided shares in land were resumed under that Ordinance on the
commencement of this Ordinance or on the date of the deemed surrender under section 6(2), as the case may be.

(2) Wong Wai Tsak Tong shall, within 12 months from the commencement of this Ordinance, submit a claim
to the Lands Tribunal for determination of the amount of compensation (if any) to be paid to Wong Wai Tsak Tong
under subsection (1).

(3) Subject to this section, no action or suit lies against the Government or against any other person for any loss
or damage suffered by any person as a result of the termination of the Block Crown Lease or any other matter under
this Ordinance.

(4) Part III of the Lands Tribunal Rules (Cap 17 sub. leg. A) and the relevant Forms in the Schedule to those
Rules apply, with any necessary modifications and adaptations, to a claim for compensation by Wong Wai Tsak Tong
under subsection (2) as if the claim were a claim under section 8(2) of the Lands Resumption Ordinance (Cap 124).

(Amended 29 of 1998 s. 97)
(Enacted 1995)


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


(Enacted 1995)

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