Cap. 97 - New Territories Ordinance

To consolidate and amend the laws relating to the administration and regulation of the New Territories. [28 October 1910](Format changes—E.R. 4 of 2019) Part I Regulation of the New Territories 1. Short title This Ordinance may be cited as the New Territories Ordinance. (Amended 5 of 1924 s. 6) 2. Interpretation In this Ordinance, unless the context otherwise requires—instrument (文書) includes deed, will, power of attorney, Ordinance or any other law; (Amended 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 25 of 1998 s. 2)land (土地) includes land covered by water or within the flow of the sea and houses and other buildings and any undivided share in land and every estate and interest in land and also includes any rent or profit issuing out of land and any easement affecting land and also any market-building or portion of such building and any rent or profit issuing out of any market-building or portion of such building; (Replaced 16 of 1913 s. 2)mortgage (按揭) includes any charge on any land for securing money, or money’s worth; mortgage money (按揭金) means money, or money’s worth, secured by mortgage; mortgagor (按揭人) includes any person deriving title under the original mortgagor, or entitled to redeem a mortgage, according to his estate, interest or right, in the mortgaged property; mortgagee (承按人) includes any person deriving title under the original mortgagee; and mortgagee in possession (管有承按人) is a mortgagee who, in right of the mortgage, has entered into and is in possession of the mortgaged property; (Amended 50 of 1911; 12 of 1912 Schedule; E.R. 4 of 2019)possession (管有) in relation to land includes receipt of income; (Amended 20 of 1948 s. 4)Secretary for Home and Youth Affairs (民政及青年事務局局長) includes Director of Home Affairs and District Officer. (Replaced 62 of 1948 s. 2. Amended 13 of 1961 s. 2; L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989; L.N. 621 of 1994; L.N. 362 of 1997; E.R. 4 of 2019; L.N. 144 of 2022) (Amended 50 of 1911; 51 of 1911; 8 of 1912 s. 78; 12 of 1912 Schedule;13 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 62 of 1984 s. 66; E.R. 4 of 2019) 3. Power to appoint officers for the administration of the New Territories (1) Without prejudice to any other provision of law the Chief Executive shall have power to appoint a Secretary for Home and Youth Affairs, a Director of Home Affairs and such number of District Officers and Assistant District Officers as he may consider necessary for the administration of the New Territories. (Added 62 of 1948 s. 2. Amended 20 of 1948 s. 4; 13 of 1961 s. 3; L.N. 262 of 1989; L.N. 621 of 1994) (2) Any District Officer, appointed by the Chief Executive to administer or entrusted by the Secretary for Home and Youth Affairs with the administration of any particular district of the New Territories, may be styled and referred to as the District Officer for such district. (Added 62 of 1948 s. 2) (Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989; 34 of 1999 s. 3; L.N. 144 of 2022) 4. Power to make rules (1) The Chief Executive in Council may make rules providing for the levying, collection, recovery by legal proceedings, and safe custody, of such rents, rates, taxes, and contributions, from the New Territories as the Chief Executive in Council may, in his absolute discretion, think fit, and for the keeping of accounts thereof. (Amended 33 of 1939 Schedule; 20 of 1948 s. 4; 30 of 1960 s. 148; 34 of 1999 s. 3; 78 of 1999 s. 7)(2) The Chief Executive in Council may make rules providing for the fees payable for duplicates of permits or licences issued under this Ordinance. (Added 78 of 1999 s. 7) 5. Publication of rules All rules made under section 4 shall be published in the Gazette and shall be notified in Chinese in the New Territories in such manner as the Secretary for Home and Youth Affairs may direct. (Replaced 9 of 1950 Schedule. Amended 20 of 1948 s. 4; L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989; L.N. 144 of 2022) 6. Penalty for breach of rules Every person who commits a breach of any rule made under section 4 shall be liable on summary conviction to a fine at level 1 or to imprisonment for 6 months. (Amended 30 of 1911 s. 4; 50 of 1911; 12 of 1912 Schedule; 21 of 1912 s. 2; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 5 of 1924 Schedule; 7 of 1933 s. 3; 20 of 1948 s. 4; 62 of 1948 s. 2; E.R. 4 of 2019) Part II Land 7. Application of Part II to land in New Territories (1) This Part applies to the New Territories only. (Amended 5 of 1924 Schedule) *(2) Upon the application of the registered owner of the lease of any land which has been purchased from the Government since 17 April 1899, and in respect of which a separate Government lease has been or is intended to be issued, or without such application in the case of a new grant of land by the Government, the Chief Executive may exempt the said land from the provisions of this Part. (Amended 50 of 1911; 12 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 9 of 1950 Schedule; 1 of 1962 s. 2) *(3) Upon the application of the registered owner of any land not covered by the provisions of subsection (2), and upon proof to the satisfaction of the Director of Lands of the title of such owner and surrender of the lease of such land to the Government, the Chief Executive may direct a new Government lease for such land to be issued after due survey thereof has been made and the prescribed fees have been paid, and the Chief Executive may thereupon exempt the said land from the provisions of this Part: Provided that, in any case in which such application refers to land of such small value that, in the opinion of the Chief Executive, it is undesirable to grant exemption, the Chief Executive may refuse to grant the same. (Amended 50 of 1911; 51 of 1911; 12 of 1912 Schedule; 13 of 1912 Schedule; 5 of 1924 s. 8; 9 of 1950 Schedule; 1 of 1962 s. 2; 8 of 1993 s. 3; L.N. 291 of 1993)(Amended 29 of 1998 s. 105; 34 of 1999 s. 3) Editorial Note: * See also 1 of 1962 s. 7. 8. Vesting of land in New Territories in the Government All land in the New Territories is hereby declared to be and to have been from 23 July 1900, the property of the Government, and all persons in occupation of any such land shall be deemed to be trespassers as against the Government, unless such occupation is authorized by grant from the Government, or by other title allowed under this Ordinance, or by licence from the Chief Executive or from some Government officer having authority to grant such licence.(Amended 50 of 1911; 12 of 1912 Schedule; 23 of 1912 s. 6; 33 of 1939 Schedule; 29 of 1998 s. 105; 34 of 1999 s. 3) 9. Authority of Secretary for Home and Youth Affairs (Amended L.N. 144 of 2022)(1) The Secretary for Home and Youth Affairs is hereby authorized to carry into execution the provisions of this Part. (Amended 51 of 1911; 13 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 5 of 1924 Schedule; 8 of 1993 s. 3; L.N. 144 of 2022) (2) (Repealed 8 of 1993 s. 10) 10. (Repealed 20 of 2002 s. 5) 11. (Repealed 20 of 2002 s. 5) 12. Jurisdiction in land matters The Court of First Instance and the District Court shall have jurisdiction to hear and determine all questions and disputes at law or in equity in connexion with or in any wise arising out of or regarding any land in the New Territories:Provided that nothing in this section shall confer any greater jurisdiction upon the District Court than it exercises from time to time with regard to questions and disputes at law or in equity in connexion with or in any wise arising out of or regarding land situate in any part of Hong Kong other than the New Territories.(Replaced 13 of 1961 s. 5. Amended L.N. 57 of 1974; 25 of 1998 s. 2; 34 of 1999 s. 3) 13. Court of First Instance or the District Court may enforce Chinese customs (1) Subject to subsection (2), in any proceedings in the Court of First Instance or the District Court in relation to land in the New Territories, the court shall have power to recognize and enforce any Chinese custom or customary right affecting such land. (Amended 1 of 1953 Fourth Schedule; 55 of 1994 s. 10; 25 of 1998 s. 2) (2) In subsection (1), proceedings (法律程序) does not include proceedings in respect of or in relation to the Probate and Administration Ordinance (Cap. 10), the Intestates’ Estates Ordinance (Cap. 73) or the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481). (Added 55 of 1994 s. 10. Amended 58 of 1995 s. 27) 14. (Repealed 38 of 1969 s. 2) 15. Registration of manager of “t’ong”, etc. Whenever any land is held from the Government under lease or other grant, agreement or licence in the name of a clan, family or t’ong, such clan, family or t’ong shall appoint a manager to represent it. Every such appointment shall be reported at the appropriate New Territories District Office of the Home Affairs Department, and the Secretary for Home and Youth Affairs on receiving such proof as he may require of such appointment shall, if he approves thereof, register the name of the said manager who shall, after giving such notices as may be prescribed, have full power to dispose of or in any way deal with the said land as if he were sole owner thereof, subject to the consent of the Secretary for Home and Youth Affairs, and shall be personally liable for the payment of all rents and charges and for the observance of all covenants and conditions in respect of the said land. Every instrument relating to land held by a clan, family or t’ong, which is executed or signed by the registered manager thereof in the presence of the Secretary for Home and Youth Affairs and is attested by him, shall be as effectual for all purposes as if it had been executed or signed by all the members of the said clan, family or t’ong. The Secretary for Home and Youth Affairs may on good cause shown cancel the appointment of any manager and select and register a new manager in his place. If the members of any clan, family or t’ong holding land do not within 3 months after the acquisition of the land make and prove the appointment of a manager, or within 3 months after any change of manager prove the appointment of a new manager, it shall be lawful for the Government to re-enter upon the land held by such clan, family or t’ong, which shall thereupon become forfeited. Such re-entry shall be effected by the registration of a memorial thereof in the Land Registry. (Amended 50 of 1911 s. 4; 51 of 1911; 12 of 1912 Schedule; 13 of 1912 Schedule; 33 of 1939 Schedule; 20 of 1948 s. 4; 8 of 1993 ss. 2, 3 & 12; 29 of 1998 s. 105; 32 of 2000 s. 48; 20 of 2002 s. 5; L.N. 144 of 2022) 16. Exemption of certain clans from the Companies Ordinance Any clan, family or t’ong owning land on 28 October 1910, in respect of which a manager has been duly registered under this Ordinance, shall not, so long as such land is certified by the Secretary for Home and Youth Affairs as being used for agricultural, religious, educational or charitable purposes or such other uses of a similar nature as are recognized by established local custom, or for dwelling-houses occupied by bona fide members of the clan, family or t’ong, be required to be registered under the Companies Ordinance (Cap. 32), although such clan, family or t’ong may consist of more than 20 members.(Amended 51 of 1911; 13 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 33 of 1939 Schedule; 5 of 1924 Schedule; 20 of 1948 s. 4; 8 of 1993 s. 3; L.N. 144 of 2022) 17. (Repealed 55 of 1994 s. 11) 18. Power to appoint trustees for minors Whenever any land is vested in a minor, it shall be lawful for the Secretary for Home and Youth Affairs to appoint some fit person to be a trustee thereof for such minor during his minority and to remove any such trustee and to appoint any new trustee. Every such appointment shall be registered by the Secretary for Home and Youth Affairs in the Land Registry, and upon registration the land the subject of the trust shall vest in the registered trustee for all the estate and interest of the minor therein, and upon registration of the removal of any trustee the land shall divest from the trustee so removed and vest in the continuing trustee or any newly registered trustee as the case may be. The Secretary for Home and Youth Affairs before registering a trustee may require him to give security in such manner and to such amount as he may think fit for the due execution of the trust. With the consent of the Secretary for Home and Youth Affairs a trustee may buy, sell, mortgage, lease or otherwise deal with or dispose of any property to the like extent as if he were the beneficial owner thereof, anything in the Trustee Ordinance (Cap. 29), to the contrary notwithstanding.(Amended 50 of 1911 s. 4; 51 of 1911; 13 of 1912 Schedule; 5 of 1924 Schedule; 20 of 1948 s. 4; 8 of 1993 ss. 2 & 3; 20 of 2002 s. 5; L.N. 144 of 2022) 19. Certification of memorials For the purposes of this Ordinance, where a memorial of any deed, will or other instrument is certified by the Land Registrar as correct, it shall not be necessary for such memorial to be verified in accordance with the provisions of section 7 of the Land Registration Ordinance (Cap. 128). (Replaced 1 of 1962 s. 3. Amended 8 of 1993 s. 3) 20. Land Registrar not required to keep index It shall not be necessary for the Land Registrar to keep an index of names of the several parties to deeds and other instruments, or of the devisors or devisees in the case of wills, or of the plaintiffs or defendants in the case of judgments, orders and lites pendentes. (Amended 20 of 1948 s. 4; 8 of 1993 s. 3) 21. (Repealed 72 of 1971 s. 3) 22. (Repealed 62 of 1984 s. 66) 23. (Repealed 62 of 1984 s. 66) 24. (Repealed 62 of 1984 s. 66) 25. (Repealed 62 of 1984 s. 66) 26. (Repealed 62 of 1984 s. 66) 27. (Repealed 62 of 1984 s. 66) 28. (Repealed 62 of 1984 s. 66) 29. (Repealed 62 of 1984 s. 66) 30. (Repealed 62 of 1984 s. 66) 31. (Repealed 62 of 1984 s. 66) 32. (Repealed 62 of 1984 s. 66) 33. (Repealed 62 of 1984 s. 66) 34. (Repealed 62 of 1984 s. 66) 35. (Repealed 62 of 1984 s. 66) 36. (Repealed 62 of 1984 s. 66) 37. (Repealed 62 of 1984 s. 66) 38. (Repealed 62 of 1984 s. 66) 39. (Repealed 62 of 1984 s. 66) 40. (Repealed 62 of 1984 s. 66) 41. (Repealed 62 of 1984 s. 66) 42. Power to make regulations under Part II The Chief Executive in Council may by regulation provide for the purposes of Part II, and particularly the fees to be paid thereunder, and the recovery of Government rent by distraint or other proceedings. The said regulations shall be published in both the English and Chinese languages.(Amended 29 of 1998 s. 105; 34 of 1999 s. 3) 43. Certified copies receivable in evidence A copy of or extract from any document in the custody of the Land Registrar shall, if certified by him to be correct, be admissible in evidence in all courts to the same extent as the original document would be admissible. (Amended 51 of 1911; 13 of 1912 Schedule; 8 of 1993 s. 3) 44. Part not to affect Government, etc. Nothing in this Part shall be deemed to affect the interests of the Government, or to confer a larger right in relation to any land than is granted in the Government lease, grant or licence whereunder the said land is held; and no liability shall attach to the Secretary for Home and Youth Affairs, or to the Government in respect of any act done or entry made by the Secretary for Home and Youth Affairs in the course of his duty.(Replaced 13 of 1995 s. 2. Amended 29 of 1998 s. 22; L.N. 144 of 2022) Schedule (Repealed 62 of 1984 s. 66)