Cap. 495

An Ordinance to provide for the payment of redemption money in respect of land exchange entitlements to the owners thereof, for the extinguishment of rights against the Government under land exchange entitlements, and for matters incidental thereto and connected therewith. [27 June 1997] L.N. 343 of 1997(Format changes—E.R. 6 of 2021) (Enacting provision omitted—E.R. 6 of 2021) 1. Short title (Amended E.R. 6 of 2021)(1) This Ordinance may be cited as the New Territories Land Exchange Entitlements (Redemption) Ordinance.(2) (Omitted as spent—E.R. 6 of 2021) 2. Interpretation In this Ordinance, unless the context otherwise requires—Capital Works Reserve Fund (基本工程儲備金) means the Capital Works Reserve Fund established by resolution made and passed by the Legislative Council on 20 January 1982 and deemed under the Public Finance Ordinance (Cap. 2) to have been established in accordance with section 29 of that Ordinance;claim (申索) means a claim lodged under section 5(1);claimant (申索人) means a person who has lodged a claim;*commencement date (生效日期) means the date on which this Ordinance comes into operation;Director (署長) means the Director of Lands;entitlement document (權利文件), in relation to a land exchange entitlement, means a document issued by the Government, in which the terms and conditions upon and subject to which the land exchange entitlement is granted are set out;land (土地) means a lot or lots, or part or parts thereof; land exchange entitlement (土地交換權利) means an entitlement granted by the Government— (a) in consideration of the surrender of any land or interest in land to the Government; (b) in consideration of the surrender of any right to compensation payable by reason of the resumption of any land under the Lands Resumption Ordinance (Cap. 124); (Amended 29 of 1998 s. 98) (c) in substitution for an entitlement granted by the Government in consideration of the surrender of any land or interest in land to the Government; or (d) in substitution for an entitlement granted by the Government in consideration of the surrender of any right to compensation payable by reason of the resumption of any land under the Lands Resumption Ordinance (Cap. 124), by which any person or persons are entitled to a grant of land or to the payment of a sum of money in lieu of the grant of land, upon and subject to the terms and conditions set out in a document issued by the Government for that purpose; (Amended 29 of 1998 s. 98) legal ownership (法律上的擁有權), in relation to a land exchange entitlement, means legal ownership, as distinct from beneficial ownership, of the land exchange entitlement, and legal owner (法律上的擁有人) shall be construed accordingly;lot (地段) means a piece or parcel of ground, whether covered by water or not, which is situated in the New Territories and identified as a lot with a lot number assigned in the Land Registry; (Amended 20 of 2002 s. 5)note-issuing bank (發鈔銀行) has the meaning assigned to it by section 2 of the Legal Tender Notes Issue Ordinance (Cap. 65); (Replaced 6 of 2001 s. 11)owner (擁有人), in relation to a land exchange entitlement, means a person who is for the time being a legal owner (whether by himself or with any other person or persons) of the land exchange entitlement;redemption money (贖回款項), in relation to a land exchange entitlement, means the redemption money payable to an owner thereof under section 4.(Amended 20 of 2002 s. 5) Editorial Note: * Commencement date: 27 June 1997. 3. Application Nothing in this Ordinance shall apply to a land exchange entitlement unless—(a) where the land exchange entitlement is granted in consideration of the surrender of any land or interest in land to the Government, the surrender of the land or interest in land has taken place before the commencement date;(b) where the land exchange entitlement is granted in consideration of the surrender of any right to compensation payable by reason of the resumption of any land under the Lands Resumption Ordinance (Cap. 124), the resumption of the land has taken place before the commencement date; (Amended 29 of 1998 s. 98)(c) where the land exchange entitlement is granted in substitution for an entitlement granted by the Government in consideration of the surrender of any land or interest in land to the Government, the surrender of the land or interest in land has taken place before the commencement date; or(d) where the land exchange entitlement is granted in substitution for an entitlement granted by the Government in consideration of the surrender of any right to compensation payable by reason of the resumption of any land under the Lands Resumption Ordinance (Cap. 124), the resumption of the land has taken place before the commencement date. (Amended 29 of 1998 s. 98) 4. Redemption money (1) Subject to the provisions of this Ordinance, redemption money shall be payable in respect of a land exchange entitlement by the Director to the owner thereof or, where there are 2 or more owners, to the owners thereof in proportion to their respective shares in the legal ownership of the land exchange entitlement.(2) For the purposes of subsection (1), redemption money payable in respect of a land exchange entitlement shall be payable at such a rate as is set out in column 2 or 3, as appropriate, of the Schedule opposite the description applicable to the entitlement document issued in respect of the land exchange entitlement and set out in column 1 of that Schedule.(3) Nothing in this section shall require the payment of any redemption money in respect of a land exchange entitlement to an owner thereof—(a) unless a claim lodged by a person as such an owner, or any specified part or parts thereof, has been admitted by the Director under section 5(6);(b) otherwise than in proportion to the share in the legal ownership of the land exchange entitlement as represented by the claim or the specified part or parts thereof, which has been so admitted. 5. Claims procedure (1) A person who claims, as an owner of a land exchange entitlement, payment of any of the redemption money payable in respect of the land exchange entitlement may, by serving on the Director a notice in such form as the Director may specify, lodge his claim with the Director.(2) In a notice served under subsection (1), a claimant shall furnish to the Director such evidence in support of his claim, including the entitlement document and any other deeds, instruments and records relating to the land exchange entitlement to which the claim relates, as is available to him.(3) The Director shall, by notice in writing served on the claimant, acknowledge receipt of any notice served under subsection (1).(4) Where, pending determination by the Director of a claim under this section, there is any change in the particulars furnished by the claimant in the notice served under subsection (1), the claimant shall as soon as practicable furnish to the Director, by notice in writing served on the Director, particulars of the change, with such evidence in support thereof as is available to him.(5) The Director may, by notice in writing served on a claimant, request him to furnish to the Director any further particulars or evidence in support of his claim.(6) The Director may, in determining a claim—(a) admit the entire claim;(b) reject the entire claim; or(c) admit a specified part or parts and reject the remainder, of the claim.(7) The Director shall, in respect of every claim, notify the claimant, by notice in writing served on the claimant, of his decision in determining the claim—(a) within the period of 3 months of the receipt of the notice served under subsection (1);(b) if a notice is served on the Director under subsection (4), within the period of 3 months of the receipt of the notice; or(c) if a notice is served on the claimant under subsection (5), within the period of 3 months of the receipt of the further particulars or evidence in support of the claimant’s claim furnished in accordance with the notice,whichever is the last to expire.(8) Where, in respect of any of the redemption money payable in respect of a land exchange entitlement, the Director admits a claim or any specified part or parts thereof under subsection (6), he shall include in the notice served under subsection (7) a statement of the amount of the redemption money that is payable in proportion to the share in the legal ownership of the land exchange entitlement as represented by the claim or the specified part or parts thereof, which the Director so admits.(9) Where, in respect of any of the redemption money payable in respect of a land exchange entitlement, the Director rejects a claim or any part thereof under subsection (6), he shall include in the notice served under subsection (7) a statement of the reasons for the rejection. 6. Interest on redemption money (1) Any redemption money payable under this Ordinance shall bear interest from the commencement date until the date of payment thereof.(2) The rate of interest payable under subsection (1)—(a) in respect of a working day shall be the lowest of the interest rates paid on deposits at 24 hours’ call by note-issuing banks at the close of business on that day; and(b) in respect of a non-working day shall be the lowest of the interest rates paid on deposits at 24 hours’ call by note-issuing banks at the close of business on the last working day before that day. (Replaced 6 of 2001 s. 11)(3) The Director shall, at the same time as any redemption money is paid to any person under this Ordinance, pay to the person any interest payable under this section in respect of the redemption money.(4) In this section—non-working day (非工作日) means a day that is not a working day; working day (工作日) means any day other than— (a) a public holiday; or (b) a gale warning day or black rainstorm warning day as defined in section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1). (Added 6 of 2001 s. 11) Editorial Note: For the validation of interest payments and application provisions relating to the amendments made by 6 of 2001, see section 13 of 6 of 2001. 7. Payment of redemption money and interest All monies payable by the Director under this Ordinance, whether as redemption money or as interest payable thereon under section 6, shall be paid out of the Capital Works Reserve Fund. 8. Conditions for payment (1) The Director may, as a condition of making payment to any person as an owner of a land exchange entitlement under this Ordinance, require the person to comply with all or any of the following requirements—(a) the person shall acknowledge as surrendered to the Director—(i) all of the evidence furnished to the Director in support of the claim he has lodged as such an owner, or the specified part or parts thereof, as admitted by the Director under section 5(6); or(ii) such of the evidence referred to in subparagraph (i) as the Director may specify;(b) the person shall acknowledge receipt of the payment in such form as the Director may specify;(c) the person shall execute, in such form as the Director may specify, an indemnity in favour of the Director to the effect that he will, in case—(i) the payment or any part thereof covers any redemption money to which any claim or any specified part or parts of a claim subsequently admitted by the Director under section 5(6) relates, and any interest paid thereon under this Ordinance; or(ii) the Director is otherwise satisfied that he should not have been entitled to the payment or any part thereof as an owner of the land exchange entitlement under this Ordinance,indemnify the Director in respect of the payment or the part thereof, as the case may be, and of all liabilities, losses, costs, charges and expenses incurred by the Director by reason of or in respect of the payment or the part thereof, as the case may be.(2) (a) Any money payable under an indemnity executed pursuant to subsection (1)(c) shall be recoverable as a civil debt due to the Director.(b) Any money recovered under paragraph (a) shall—(i) in so far as such money is recovered by way of indemnity in respect of any payment by the Director to any person as an owner of a land exchange entitlement under this Ordinance, be paid into the Capital Works Reserve Fund;(ii) in so far as such money is otherwise recovered, be paid into the general revenue.(3) Where the Director does not, as a condition of payment to any person as an owner of a land exchange entitlement under this Ordinance, require any of the evidence furnished to the Director in support of the claim the person has lodged as such an owner to be acknowledged as surrendered pursuant to subsection (1)(a), the Director shall return the evidence to the person at the same time as the payment is made. 9. Presumption of equal shares Where the Director is satisfied that there are 2 or more owners in respect of a land exchange entitlement, it shall be presumed, until the contrary is proved to the satisfaction of the Director, that the respective shares of the owners in the legal ownership of the land exchange entitlement are equal. 10. Extinguishment of rights except under this Ordinance (1) Except as provided in this Ordinance, all rights against the Government under a land exchange entitlement shall be extinguished.(2) No action, claim or proceedings shall lie or be brought against, and no compensation shall be payable by, the Government, in respect of the extinguishment of rights under subsection (1). 11. Service of notice (1) A notice required to be served by the Director under this Ordinance shall be in both the English and the Chinese languages.(2) Service of a notice on any person under this Ordinance shall be effected—(a) by delivering it to that person personally; or(b) by sending it to that person by post.(3) Where a notice is sent by post to a claimant under subsection (2), it shall be sufficient if the notice is addressed—(a) where the Director has not received a notice under section 5(4) in respect of the address of the claimant, to the address which has been furnished to the Director as such an address in the notice served under section 5(1); or(b) where the Director has received a notice under section 5(4) in respect of the address of the claimant, to the address which has been furnished to the Director as such an address under that section.(4) A certificate purporting to be signed by a public officer shall, until the contrary is proved, be evidence of the facts stated therein relating to the service, delivery and sending of any notice required to be served under this Ordinance. 12. Offence (1) A person who, in connection with a claim—(a) furnishes any information which he knows to be false or misleading, or does not believe to be true, in a material particular; or(b) produces any deed, instrument or record which he knows to be false or misleading, or does not believe to be true, in a material particular,commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 months.(2) Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), proceedings in respect of an offence under subsection (1) may be brought at any time within the period of 6 months after the commission of the offence or within the period of 6 months after the discovery thereof by the Director, whichever is the later to expire. 13. (Omitted as spent—E.R. 6 of 2021) Schedule [s. 4(2)]Rate of Redemption Money Payable in respect of a Land Exchange Entitlement Column 1 Column 2 Column 3 Period within which the operative date of the land exchange entitlement falls Rate of payment by reference to the area of the affected land, where the status of the affected land is agricultural land Rate of payment by reference to the area of the affected land, where the status of the affected land is building land On or before31 December 1961 $3,793.3 per square foot $9,480.7 per square foot +face value 1 January 1962—31 August 1963 $3,793.2 per square foot $9,480.6 per square foot +face value 1 September 1963—31 December 1963 $3,790.3 per square foot $9,473.3 per square foot +face value 1 January 1964—31 August 1964 $3,786.7 per square foot $9,464.3 per square foot +face value 1 September 1964—31 December 1964 $3,786.7 per square foot $9,464.2 per square foot +face value 1 January 1965—31 December 1967 $3,786.7 per square foot $9,464.2 per square foot +face value 1 January 1968—31 December 1968 $3,781.8 per square foot $9,452.0 per square foot +face value 1 January 1969—31 December 1969 $3,781.8 per square foot $9,452.0 per square foot +face value 1 January 1970—30 June 1971 $3,781.7 per square foot $9,451.8 per square foot +face value 1 July 1971—31 December 1971 $3,771.6 per square foot $9,426.4 per square foot +face value 1 January 1972—30 June 1972 $3,758.4 per square foot $9,393.4 per square foot +face value 1 July 1972—31 December 1972 $3,755.7 per square foot $9,386.7 per square foot +face value 1 January 1973—31 July 1973 $3,734.3 per square foot $9,333.2 per square foot +face value 1 August 1973—31 December 1973 $3,701.6 per square foot $9,251.6 per square foot +face value 1 January 1974—30 June 1974 $3,700.4 per square foot $9,248.4 per square foot +face value 1 July 1974—31 December 1974 $3,711.2 per square foot $9,275.4 per square foot +face value 1 January 1975—30 June 1975 $3,719.8 per square foot $9,274.5 per square foot +face value 1 July 1975—31 January 1976 $3,719.9 per square foot $9,274.8 per square foot +face value 1 February 1976—30 June 1976 $3,705.6 per square foot $9,239.1 per square foot +face value 1 July 1976—31 December 1976 $3,643.7 per square foot $9,084.3 per square foot +face value 1 January 1977—30 June 1977 $3,637.8 per square foot $9,069.4 per square foot +face value 1 July 1977—31 December 1977 $3,614.6 per square foot $9,011.5 per square foot +face value 1 January 1978—30 September 1978 $3,598.3 per square foot $8,961.9 per square foot +face value 1 October 1978—31 March 1979 $3,515.2 per square foot $8,739.3 per square foot +face value 1 April 1979—30 September 1979 $3,395.9 per square foot $8,423.6 per square foot +face value 1 October 1979—31 March 1980 $3,327.6 per square foot $8,245.2 per square foot +face value 1 April 1980—30 September 1980 $3,269.9 per square foot $8,096.1 per square foot +face value 1 October 1980—31 March 1981 $2,969.7 per square foot $7,312.9 per square foot +face value 1 April 1981—30 September 1981 $2,812.7 per square foot $6,903.1 per square foot +face value 1 October 1981—31 March 1981 $2,818.9 per square foot $6,918.5 per square foot +face value 1 April 1982—30 September 1982 $3,125.5 per square foot $7,725.0 per square foot +face value 1 October 1982—31 March 1983 $3,306.3 per square foot $8,205.7 per square foot +face value On or after 1 April 1983 $3,395.5 per square foot $8,441.3 per square foot +face value (Amended 41 of 1997 s. 2)In this Schedule— affected land (受影響土地), in relation to a land exchange entitlement, means— (a) where the land exchange entitlement is granted in consideration of the surrender of any land or interest in land to the Government, the land so surrendered; (b) where the land exchange entitlement is granted in consideration of the surrender of any right to compensation payable by reason of the resumption of any land under the Lands Resumption Ordinance (Cap. 124), the land so resumed; (Amended 29 of 1998 s. 98) (c) where the land exchange entitlement is granted in substitution for an entitlement granted by the Government in consideration of the surrender of any land or interest in land to the Government, the land so surrendered; or (d) where the land exchange entitlement is granted in substitution for an entitlement granted by the Government in consideration of the surrender of any right to compensation payable by reason of the resumption of any land under the Lands Resumption Ordinance (Cap. 124), the land so resumed; (Amended 29 of 1998 s. 98) face value (面值), in relation to a land exchange entitlement, means the value of the affected land as specified in the relevant entitlement document;operative date (有效日期), in relation to a land exchange entitlement, means the date on which the value of the land to be granted upon and subject to the terms and conditions of the relevant entitlement document is determined for the purposes of the land exchange entitlement.