A029-E

ADAPTATION OF LAWS (CROWN LAND) ORDINANCE

An Ordinance to adapt certain enactments of Hong Kong to bring them into conformity with the Basic Law and with the status of Hong Kong as a Special Administrative Region of the People's Republic of China.

[1 July 1997]

    Enacted by the Provisional Legislative Council.

1. Short title and commencement

(1) This Ordinance may be cited as the Adaptation of Laws (Crown Land) Ordinance.

(2) (a) Subject to paragraph (b), this Ordinance shall be deemed to have come into operation on 1 July 1997.

(b) Paragraph (a) shall be subject to Article 12 of the Hong Kong Bill of Rights set out in Part II of the Hong Kong Bill of Rights Ordinance (Cap. 383).

Specification of Public Offices

2. Schedule amended

The Schedule to the Specification of Public Offices (Cap. 1 sub. leg.) is amended---

  1. by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance";
  2. by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance";
  3. by repealing "Crown Leases Ordinance" and substituting "Government Leases Ordinance";
  4. by repealing "Crown Rights (Re-entry and Vesting Remedies) Ordinance" in both places where it appears and substituting "Government Rights (Re-entry and Vesting Remedies) Ordinance".

Supreme Court Ordinance

3. Interpretation and application of sections 21F, 21G and 21H

Section 21H(2) of the Supreme Court Ordinance (Cap. 4) is amended by repealing "Crown Rights (Re-entry and Vesting Remedies) Ordinance" and substituting "Government Rights (Re-entry and Vesting Remedies) Ordinance".

Landlord and Tenant (Consolidation) Ordinance

4. Re-entry by Government

Section 6 of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) is amended---

  1. in subsection (1)---
    1. by repealing "Crown lease" in both places where it appears and substituting "Government lease";
    2. by repealing "Crown Rights (Re-entry and Vesting Remedies) Ordinance" and substituting "Government Rights (Re-entry and Vesting Remedies) Ordinance";
  2. in subsections (1) and (2) by repealing "Crown" wherever it appears and substituting "Government".

5. Sections amended

Sections 53A(5)(b)(i) and 119F(5)(b)(i) are amended---

  1. by repealing "Crown lease" in both places where it appears and substituting "Government lease";
  2. by repealing "Crown" in both places where it appears and substituting "Government";
  3. by repealing "Crown Rights (Re-entry and Vesting Remedies) Ordinance" and substituting "Government Rights (Re-entry and Vesting Remedies) Ordinance".

Evidence Ordinance

6. Admissibility of certain hearsay evidence formerly admissible at common law

Section 54(2)(d) of the Evidence Ordinance (Cap. 8) is amended by adding "or Government grants" after "Crown grants".

Land Development Corporation Ordinance

7. Power of Secretary to recommend resumption

Section 15(1) and (6) of the Land Development Corporation Ordinance (Cap. 15) is amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

Lands Tribunal Ordinance

8. Ordinances under which matters may be submitted to the Tribunal for determination

The Schedule to the Lands Tribunal Ordinance (Cap. 17) is amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

Lands Tribunal Rules

9. Part heading and form heading amended

The Land Tribunal Rules (Cap. 17 sub. leg.) are amended---

  1. in the heading to Part III by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance";
  2. in the headings to Forms 5 and 6 of the Schedule by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

10. Interpretation

Rule 33 is amended in the definition of "Ordinance" by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

Crown Land Ordinance

11. Long title amended

The long title to the Crown Land Ordinance (Cap. 28) is amended by repealing "Crown" and substituting "Government".

12. Short title amended

Section 1 is amended by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance".

13. Part heading amended

The heading to Part IV is amended by repealing "Crown" and substituting "Government".

14. Demolition of unlawful structures

Section 12 is amended---

  1. in subsections (1)(a) and (b), (4) and (5) by repealing "Crown" and substituting "Government";
  2. in subsection (8)---
    1. by repealing "on the Crown" and substituting "on the Government";
    2. by repealing "Crown Rights (Re-entry and Vesting Remedies) Ordinance" and substituting "Government Rights (Re-entry and Vesting Remedies) Ordinance".

Crown Land Regulations

15. Citation amended

Regulation 1 to the Crown Land Regulations (Cap. 28 sub. leg.) is amended by repealing "Crown Land Regulations" and substituting "Land (Miscellaneous Provisions) Regulations".

16. Regulations amended

Regulations 2(1), (2) and (3) and 3(1), (2) and (3) by repealing "Crown" wherever it appears and substituting "Government".

Crown Leases Ordinance

17. Long title amended

The long title to the Crown Leases Ordinance (Cap. 40) is amended by repealing "Crown" and substituting "Government".

18. Short title amended

Section 1 is amended by repealing "Crown Leases Ordinance" and substituting "Government Leases Ordinance".

19. Application

Section 3(2) is amended by repealing "New Territories (Renewable Crown Leases) Ordinance" and substituting "New Territories (Renewable Government Leases) Ordinance".

20. Part heading amended

The heading to Part II is amended by repealing "Crown" and substituting "Government".

21. New Government rent of a lot or section held under a new Government lease

Section 9 is amended---

  1. in subsections (1), (8) and (9) by repealing "new Crown rent" wherever it appears and substituting "new Government rent";
  2. in subsections (1), (2), (3)(a) and (9) by repealing "new Crown lease" wherever it appears and substituting "new Government lease".

New Territories Ordinance

22. Part not to affect Government, etc.

Section 44 of the New Territories Ordinance (Cap. 97) is amended---

  1. by repealing "of the Crown" and substituting "of the Government";
  2. by repealing "in the Crown" and substituting "in the Government";
  3. by repealing ", or to the Crown,".

Waterworks Ordinance

23. Interpretation

Section 2 of the Waterworks Ordinance (Cap. 102) is amended in the definition of "land held by the Crown" ---

  1. by repealing "by the Crown" and substituting "by the Government";
  2. by repealing "(官方持有的土地)" 而代以 "(政府持有的土地)";
  3. in paragraph (b)(i) by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance".

Telecommunication Regulations

24. Form of licences

Schedule 3 to the Telecommunication Regulations (Cap. 106 sub. leg.) is amended in General Condition 35(2) of the Fixed Telecommunication Network Services Licence by repealing "Crown Land Ordinance" in both places where it appears and substituting "Land (Miscellaneous Provisions) Ordinance".

Buildings Ordinance

25. Grounds on which approval or consent may be refused

Section 16(1)(o) of the Buildings Ordinance (Cap. 123) is amended---

  1. by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance";
  2. by repealing "Crown lease" and substituting "Government lease".

26. Exemptions

Section 41 is amended---

  1. in subsection (1)---
    1. in paragraph (a) by repealing "to the Crown or";
    2. in paragraph (ba)---
      1. by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance";
      2. by repealing "Crown lease" and substituting "Government lease";
    3. in paragraph (c) by repealing "the Crown or";
    4. in the proviso by repealing "Crown" and substituting "Government";
  2. in subsection (1A)---
    1. in paragraph (b) by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance";
    2. in paragraph (c) by repealing "the Crown or".

Building (Planning) Regulations

27. Permitted site coverage and plot ratio may be exceeded in certain cases

Regulation 22(2) of the Building (Planning) Regulations (Cap. 123 sub. leg.) is amended---

  1. by repealing "by the Crown" wherever it appears and substituting "by the Government";
  2. by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

28. Deposit of security

Regulation 69 is amended by repealing "Crown" and substituting "Government".

Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations

29. Disconnecting traps

Regulation 57(2) of the Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations (Cap. 123 sub. leg.) is amended---

  1. by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance";
  2. by repealing "occupy Crown land" and substituting "occupy Government land".

30. Building Authority required to carry out any work to be carried out on unleased Government land

Regulation 77 is amended by repealing "Crown" and substituting "Government".

Crown Lands Resumption Ordinance

31. Long title amended

The long title to the Crown Lands Resumption Ordinance (Cap. 124) is amended by repealing "Crown" and substituting "Government".

32. Short title amended

Section 1 is amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

33. Purchase by agreement

Section 4A is amended by repealing "to the Crown" and substituting "to the Government".

34. Saving of power of resumption under Government lease

Section 22 is amended---

  1. by repealing "Her Majesty" and substituting "the Government";
  2. by repealing "Crown" and substituting "Government".

Crown Rent and Premium (Apportionment) Ordinance

35. Long title amended

The long title to the Crown Rent and Premium (Apportionment) Ordinance (Cap. 125) is amended by repealing "Crown" and substituting "Government".

36. Short title amended

Section 1 is amended by repealing "Crown Rent and Premium (Apportionment) Ordinance" and substituting "Government Rent and Premium (Apportionment) Ordinance".

37. Cancellation of apportionment where divided building demolished or destroyed

Section 23 is amended---

  1. in subsections (1) and (3) by repealing "Crown rent" and substituting "Government rent";
  2. in subsection (3)(a) and (b) by repealing "Crown lease" and substituting "Government lease".

38. Transitional provisions

Section 27(2) is amended by repealing "Crown lease" and substituting "Government lease".

Crown Rights (Re-entry and Vesting Remedies) Ordinance

39. Long title amended

The long title to the Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) is amended---

  1. by repealing "the Crown" and substituting "the Government";
  2. by repealing "Crown lease" and substituting "Government lease";
  3. by repealing "Crown rent" and substituting "Government rent".

40. Short title amended

Section 1 is amended by repealing "Crown Rights (Re-entry and Vesting Remedies) Ordinance" and substituting "Government Rights (Re-entry and Vesting Remedies) Ordinance".

41. Interpretation

Section 2 is amended---

  1. in the definitions of "determined annual instalment of premium" and "lot", by repealing "Crown Rent and Premium (Apportionment) Ordinance" and substituting "Government Rent and Premium (Apportionment) Ordinance";
  2. by repealing the definition of "determined Crown rent" and substituting---
      ""determined Government rent" (已釐定的地稅) means the sum determined by the Director of Lands under section 12 of the Government Rent and Premium (Apportionment) Ordinance (Cap. 125) as the Government rent payable in respect of a relevant interest;";
  3. in the definition of "lot", by repealing "Crown lease" and substituting "Government lease";
  4. by repealing the definition of "new Crown lease" and substituting---
      ""new Government lease" (新政府租契) means such a lease as is deemed to be granted under Part II of the Government Leases Ordinance (Cap. 40);".

42. Power to vest relevant interest in The Financial Secretary Incorporated

Section 7(1A) is amended by repealing "Crown Leases Ordinance" and substituting "Government Leases Ordinance".

Land Acquisition (Possessory Title) Ordinance

43. Sections amended

Sections 3(2) and 8(4)(b) of the Land Acquisition (Possessory Title) Ordinance (Cap. 130) are amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

Town Planning Ordinance

44. Contents of lay-out plans and powers of the Board

Section 4(2) of the Town Planning Ordinance (Cap. 131) is amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

45. Consideration of objections

Section 6(7) is amended by repealing "Crown" and substituting "Government".

New Territories (Renewable Crown Leases) Ordinance

46. Long title amended

The long title to the New Territories (Renewable Crown Leases) Ordinance (Cap. 152) is amended by repealing "Crown" and substituting "Government".

47. Short title amended

Section 1 is amended by repealing "New Territories (Renewable Crown Leases) Ordinance" and substituting "New Territories (Renewable Government Leases) Ordinance".

48. Interpretation

Section 2 is amended---

  1. by repealing the definition of "existing Crown lease" and substituting--- ""existing Government lease" (現行政府租契) means such a Government lease as is referred to in section 3;";
  2. in the definitions of "lot" and "section", by repealing "Crown" and substituting "Government";
  3. by repealing the definition of "new Crown lease" and substituting---
      ""new Government lease" (新政府租契) means such a Government lease as is deemed to be granted under section 4;".

Solicitors' Practice Rules

49. Representation in conveyancing transactions

Rule 5C(2) of the Solicitors' Practice Rules (Cap. 159 sub. leg.) is amended by adding "or Government grant" after "Crown Grant".

Country Parks Ordinance

50. Interpretation

Section 2 of the Country Parks Ordinance (Cap. 208) is amended in the definition of "leased land"---

  1. by repealing "Crown lease" and substituting "Government lease";
  2. by repealing "by the Crown" and substituting "by the Government";
  3. by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance".

51. Control of use of land in country park

Section 16(6) is amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

52. Compensation

Section 19(4) is amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

Country Parks and Special Areas Regulations

53. Protection of vegetation and soil

Regulation 8(2) of the Country Parks and Special Areas Regulations (Cap. 208 sub. leg.) is amended---

  1. by repealing "Crown lease" and substituting "Government lease";
  2. by repealing "Crown Lands Ordinance" and substituting "Lands (Miscellaneous Provisions) Ordinance".

Conveyancing and Property Ordinance

54. Sections amended

Sections 29(5), 31(5), 32(4), 34(2) and 58(12) of the Conveyancing and Property Ordinance (Cap. 219) are amended by repealing "Crown Rights (Re-entry and Vesting Remedies) Ordinance" and substituting "Government Rights (Re-entry and Vesting Remedies) Ordinance".

Mass Transit Railway (Land Resumption and Related Provisions) Ordinance

55. Long title amended

The long title to the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276) is amended by repealing "Crown" and substituting "Government".

56. Governor may order resumption of land

Section 4(6) is amended by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance".

57. Part heading amended

The heading to Part III is amended by repealing "Crown" and substituting "Government".

58. Certain Ordinances not to apply

Section 34(1)(a) is amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

59. Schedule amended

The First Schedule is amended---

  1. in Part I, items 1 and 3 and in Part II, paragraphs 1(a) and 10 by repealing "Crown Lands Resumption Ordinance" wherever it appears and substituting "Lands Resumption Ordinance";
  2. in Part I, items 4, 5 and 9(d) by repealing "Crown" and substituting "Government";
  3. in Part II, paragraph 2 in the definition of "date of resumption" and paragraph 8 by repealing "Crown" and substituting "Government".

Housing Ordinance

60. Sections amended

Sections 4(2B) and 16(3) of the Housing Ordinance (Cap. 283) are amended---

  1. by repealing "Crown land" and substituting "Government land";
  2. by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance".

Mining Ordinance

61. Interpretation

Section 2 of the Mining Ordinance (Cap. 285) is amended by repealing the definition of "Crown land" and substituting---

    ""Government land" (政府土地) means all land other than private land;".

62. Resumption of land required for public purposes

Section 65(2) is amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

Air Pollution Control Ordinance

63. Exemption of certain premises

Section 20(4) of the Air Pollution Control Ordinance (Cap. 311) is amended---

  1. in paragraphs (a) and (b) by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance";
  2. in paragraph (b) by repealing "Crown lease" in both places where it appears and substituting "Government lease".

64. Protection of Government and public officers

Section 42(1) and (3) is amended by repealing "Crown" and substituting "Government".

Demolished Buildings (Re-development of Sites) Ordinance

65. Order for re-development

Section 4 of the Demolished Buildings (Re-development of Sites) Ordinance (Cap. 337) is amended---

  1. in subsections (1) and (3) by repealing "Crown lease" and substituting "Government lease";
  2. in subsection (3)---
    1. by repealing "Crown to" and substituting "Government to";
    2. by repealing "Crown Rights (Re-entry and Vesting Remedies) Ordinance" and substituting "Government Rights (Re-entry and Vesting Remedies) Ordinance".

66. Provisions where property resumed by the Government

Section 11(1) is amended---

  1. by repealing "and the Crown" and substituting "and the Government";
  2. by repealing "Crown lease" and substituting "Government lease";
  3. by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance";
  4. by repealing "by the Crown" and substituting "by the Government".

67. Saving of rights of Government and powers of Building Authority

Section 17(a) is amended by repealing "Crown" in both places where it appears and substituting "Government".

Waste Disposal Ordinance

68. Prohibition of unauthorized disposal of waste

Sections 16(4) of the Waste Disposal Ordinance (Cap. 354) is amended by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance".

69. Unlawful depositing of waste

Section 16A is amended---

  1. in subsection (1)(b) and (c) by repealing "Crown" and substituting "Government";
  2. by repealing subsection (2) and substituting---
      "(2) In this section "Government land" (政府土地) means unleased land as defined in the Land (Miscellaneous Provisions) Ordinance (Cap. 28).".

Electricity Networks (Statutory Easements) Ordinance

70. Sections amended

Sections 4(2) and 8(2) of the Electricity Networks (Statutory Easements) Ordinance (Cap. 357) are amended by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance".

71. Compensation for diminution of value of land

Section 10(5)(a) and (b) is amended by repealing "Crown" and substituting "Government".

Water Pollution Control Ordinance

72. Prohibited discharges into waters of Hong Kong and inland waters

Section 8(3)(e)(ii) of the Water Pollution Control Ordinance (Cap. 358) is amended by repealing "Crown" and substituting "Government".

73. Licensing of existing discharges and deposits

Section 15(1) is amended---

  1. in paragraphs (d) and (e) by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance";
  2. in paragraph (e) by repealing "Crown lease" in both places where it appears and substituting "Government lease".

74. Transitional; licensing of exempted discharges and deposits

Section 16(2) is amended---

  1. in paragraphs (d) and (e) by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance";
  2. in paragraph (e) by repealing "Crown lease" in both places where it appears and substituting "Government lease".

Water Pollution Control (Sewerage) Regulation

75. Interpretation

Section 1 of the Water Pollution Control (Sewerage) Regulation (Cap. 358 sub. leg.) is amended---

  1. in subsection (1) by repealing the definition of "Crown land" and substituting---
      ""Government land" means unleased land within the meaning of the Land (Miscellaneous Provisions) Ordinance (Cap. 28);";
  2. in subsection (2) in the definition of "owner" by repealing "Crown" wherever it appears and substituting "Government".

76. Sections and Schedule amended

Sections 22(a) and 29(1)(a) and section 1(a) of Part II of Schedule 1 are amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

Roads (Works, Use and Compensation) Ordinance

77. Governor may order resumption of land

Section 13 of the Roads (Works, Use and Compensation) Ordinance (Cap. 370) is amended---

  1. in subsections (2)(b), (3)(b) and (5) by repealing "Crown" and substituting "Government";
  2. in subsection (6) by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance".

78. Sections and Schedule amended

Sections 33 and 38(a) and paragraph 1(a) of Part I and item 1 of Part II of the Schedule are amended by repealing "Crown Lands Resumption Ordinance" wherever it appears and substituting "Lands Resumption Ordinance".

Kowloon-Canton Railway Corporation Ordinance

79. Acquisition of land by the Government for the Corporation

Section 28(1) and (2) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372) is amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

80. Schedule amended

Paragraph 9 of Part I of the Second Schedule is amended by repealing "Crown in right of the Government of Hong Kong" and substituting "Government".

81. Schedule amended

Paragraph 7 of Part I of the Fifth Schedule is amended by repealing "Crown in right of its Government of Hong Kong" and substituting "Government".

Road Traffic (Traffic Control) Regulations

82. Interpretation

Regulation 29 of the Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg.) is amended---

  1. in the definition of "pedestrian road", by repealing "Crown" and substituting "Government";
  2. by repealing the definition of "unleased Crown land" and substituting---
    ""unleased Government land" (未批租政府土地) means land which is not---
  1. held under a Government lease or a tenancy granted by the Government or any agreement for such a lease or tenancy;
  2. vested in a person by an Ordinance; or
  3. occupied under---
    1. a licence issued under section 5 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28);
    2. a licence or permit granted or issued under any other Ordinance; or
    3. a deed or memorandum of appropriation made by the Chief Executive of the Hong Kong Special Administrative Region.".

Community Service Orders Ordinance

83. Type of work

Paragraph (3) of the Schedule to the Community Service Orders Ordinance (Cap. 378) is repealed and the following substituted---

    "(3) Work on any land that is leased, occupied, administered, maintained or kept clean by the Government or any public body.".

Sewage Tunnels (Statutory Easements) Ordinance

84. Long title amended

The long title to the Sewage Tunnels (Statutory Easements) Ordinance (Cap. 438) is amended by repealing "Crown" and substituting "Government".

85. Interpretation

Section 2 is amended in the definition of "land" by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance".

Land Drainage Ordinance

86. Resumption of land on application

Section 37(8) of the Land Drainage Ordinance (Cap. 446) is amended by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance".

87. Sections and Schedule amended

Sections 42(a) and 48(a) and item 1 of Part II of the Schedule are amended by repealing "Crown Lands Resumption Ordinance" wherever it appears and substituting "Lands Resumption Ordinance".

88. Compensation

Section 1(a) of Part I of the Schedule is amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

Marine Parks Ordinance

89. Resumption of land

Section 17(1) and (2) of the Marine Parks Ordinance (Cap. 476) is amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

90. Exclusion

Section 18(1) is amended---

  1. in paragraph (a) by repealing "Crown" and substituting "Government";
  2. in paragraph (b) by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance".

Block Crown Lease (Cheung Chau) Ordinance

91. Long title amended

The long title to the Block Crown Lease (Cheung Chau) Ordinance (Cap. 488) is amended by repealing "the Crown" and substituting "the Government".

92. Sub-lessees under the Block Crown Lease are deemed Government lessees

Section 4 is amended---

  1. in subsection (1) by repealing "Crown" in both places where it appears and substituting "Government";
  2. in subsection (2) by repealing "Crown or the Government, as the case may be, as Crown" and substituting "Government as Government".

93. Sub-leases under the Block Crown Lease are deemed Government leases

Section 5 is amended---

  1. in subsection (1)(a)---
    1. by repealing "Crown leases" and substituting "Government leases";
    2. by repealing "Crown lease" and substituting "Government lease";
    3. by repealing "New Territories (Renewable Crown Leases) Ordinance" and substituting "New Territories (Renewable Government Leases) Ordinance";
    4. by repealing "Crown lessee" in both places where it appears and substituting "Government lessee";
    5. by repealing "Crown rent" and substituting "Government rent";
  2. in subsection (2)---
    1. by repealing "the Crown or" in both places where it appears;
    2. by repealing "Crown lease" and substituting "Government lease";
  3. in subsection (3) by repealing "Crown" wherever it appears and substituting "Government";
  4. in subsection (4) by repealing "the Crown or" in both places where it appears.

94. Lots not sub-leased and lots to which sections 4 and 5 are inapplicable

Section 6 is amended---

  1. in subsection (1)---
    1. by repealing "Crown lease" in both places where it appears and substituting "Government lease";
    2. by repealing "Crown lessee" and substituting "Government lessee";
    3. by repealing "New Territories (Renewable Crown Leases) Ordinance" and substituting "New Territories (Renewable Government Leases) Ordinance";
  2. in subsection (2)---
    1. by repealing "Crown lease" in both places where it appears and substituting "Government lease";
    2. by repealing "the Crown or" in both places where it appears.

95. Rent for deemed leases

Section 7 is amended ---

  1. in subsection (1)---
    1. by repealing "Crown rent" and substituting "Government rent";
    2. by repealing "a Crown lease" and substituting "a Government lease";
    3. by repealing "the Crown lease" in both places where it appears and substituting "the Government lease";
    4. by repealing "deemed Crown lease" and substituting "deemed Government lease";
  2. in subsection (2) by repealing "Crown lease" wherever it appears and substituting "Government lease".

96. Sections amended

Sections 8 and 9(2) are amended by repealing "Crown lease" and substituting "Government lease".

97. Compensation

Section 10 is amended---

  1. in subsections (1) and (4) by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance";
  2. in subsection (3) by repealing "the Crown" and substituting "the Government".

New Territories Land Exchange Entitlements (Redemption) Ordinance

98. Sections and Schedule amended

The New Territories Land Exchange Entitlements (Redemption) Ordinance (70 of 1996) is amended---

  1. in section 2 in the definition of "land exchange entitlement" by repealing "Crown Lands Resumption Ordinance" in both places where it appears and substituting "Lands Resumption Ordinance";
  2. in section 3(b) and (d) by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance";
  3. in the Schedule in the definition of "affected land" by repealing "Crown Lands Resumption Ordinance" in both places where it appears and substituting "Lands Resumption Ordinance".

Government Rent (Assessment and Collection) Ordinance

99. Re-entry

Section 36(3) of the Government Rent (Assessment and Collection) Ordinance (53 of 1997) is amended by repealing "Crown Rights (Re-entry and Vesting Remedies) Ordinance" and substituting "Government Rights (Re-entry and Vesting Remedies) Ordinance".

Railways Ordinance

100. Resumption order

Section 18(5) of the Railways Ordinance (59 of 1997) is amended by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance".

101. Sections and Schedule amended

Sections 38(a) and 43(a) and section 1 of Part I and item 1 of Part II of the Schedule are amended by repealing "Crown Lands Resumption Ordinance" wherever it appears and substituting "Lands Resumption Ordinance".

Discovery Bay Tunnel Link Ordinance

102. Power to construct Tunnel Link

Section 4(3) of the Discovery Bay Tunnel Link Ordinance (60 of 1997) is amended by repealing "Crown" and substituting "Government".

103. Applicability of other Ordinances

Section 34(3) is amended by repealing "Crown Lands Resumption Ordinance" and substituting "Lands Resumption Ordinance".

Tsing Ma Control Area (General) Regulation

104. Road works within the Area

Section 16(5) of the Tsing Ma Control Area (General) Regulation (L.N. 244 of 1997) is amended by repealing "Crown Land Ordinance" and substituting "Land (Miscellaneous Provisions) Ordinance".

105. Amendment of enactments

The enactments listed in column 2 of the Schedule are amended in the respective provisions set forth opposite them in column 3 of that Schedule by repealing "Crown", "(新官契)", "(可續期官契)", "(官地)", "(未批租官地)" and "官契" wherever they appear and substituting "Government", "(新政府租契)", "(可續期政府租契)", "(政府土地)", "(未批租政府土地)" and "政府租契" respectively.

SCHEDULE [s. 105]

ItemEnactmentProvision or part

1.Interpretation and General Clauses Ordinance (Cap. 1) Sections 3 (definition of "street" and "road"), 40(2)(b) and 41(1) and (2).

2.Supreme Court Ordinance (Cap. 4) Section 45(1) and (2).

3.The Rules of the Supreme Court (Cap. 4 sub. leg.) Order 1, rule 6.

4.Landlord and Tenant (Consolidation) Ordinance (Cap. 7) Sections 2 (definitions of "agricultural land", "landlord", "principal tenant" and "tenant"), 3(1)(h), 21(6), 49 (definitions of "landlord", "principal tenant" and "tenant" or "sub-tenant"), 50(6)(e), 51(3)(a), 113, 115(1) (definitions of "landlord" and "tenant"), 115A(2)(a), 116(2)(bc), 120A (definitions of "landlord" and "principal tenant") and 121(2)(h).

5.Crown Land Ordinance (Cap. 28) Sections 2 (definition of "leased land"), 6(3), 11(1), 13, 14(1) and (3)(b) and 15A.

6.Trustee Ordinance (Cap. 29) Paragraph 6 of the Second Schedule.

7.Companies Ordinance (Cap. 32) Sections 290B(1), 290E(1), 292 and 292A(1) and paragraph 31(c)(i)(B) and (ii)(B) of the Tenth Schedule.

8.Crown Leases Ordinance (Cap. 40) Sections 2 (definitions of "lot", "new Crown lease", "new Crown rent", "relevant day", "renewable Crown lease" and "section"), 3(1)(a) and (b), 4(1) and (2), 5(1) and (2), 6, 7, 8, 10(1) and (2), 11(1) and (2), 12, 13(1), 14(1), 15, 16(1) and (2), 22(a) and (b) and 23(1) and (2) and the heading to the last column in the Schedule.

9.Antiquities and Monuments Ordinance (Cap. 53) Sections 2 (definitions of "Crown land" and "owner" and paragraph (a) of the definition of "private land") and 14(1).

10.Antiquities and Monuments (Declaration of Monuments and Historical Buildings) (Consolidation) Notice (Cap. 53 sub. leg.) Paragraph 2(g).

11.Intestates' Estates Ordinance (Cap. 73) Section 4(9) and paragraph 4(10A) and (10B) of Schedule 1.

12.Port Control (Cargo Working Areas) Ordinance (Cap. 81) Section 3(1).

13.Port Control (Public Cargo Working Area) (Consolidation) Order (Cap. 81 sub. leg.) Paragraphs 2 to 11.

14.Forests and Countryside Ordinance (Cap. 96) Section 2 (definitions of "forest" and "plantation").

15.Forestry Regulations (Cap. 96 sub. leg.) Regulation 3.

16.New Territories Ordinance (Cap. 97) Sections 7(2) and (3), 8, 15 and 42.

17.Provisional Urban Council Ordinance (Cap. 101) Section 46(1) and (2).

18.Waterworks Ordinance (Cap. 102) Sections 2 (paragraph (a) of the definition of "leased land"), 4(2) and 17(2)(b).

19.Waterworks Regulations (Cap. 102 sub. leg.) Regulations 6(1)(b) and (5), 7(2)(b) and 12(3) and Part I of Schedule 1.

20.Public Lighting Ordinance (Cap. 105) Section 7.

21.Telecommunication Ordinance (Cap. 106) Sections 8(4)(e) and (f) and 14(1)(a) and (3)(b).

22.Telecommunication Regulations (Cap. 106 sub. leg.) Schedule 3---
  1. in Condition 2 of the Aircraft Station Licence;
  2. in Condition 18(1) of the Broadcast Relay Station Licence;
  3. in General Condition 8(1) of the Closed Circuit Television Licence;
  4. in Condition 16(1) of the Broadcast Radio Relay Station Licence;
  5. in General Condition 14 of the Hotel Television Services Licence;
  6. in General Conditions 9(1) and 14(1)(b) of the Satellite Master Antenna Television Licence;
  7. in General Conditions 28(1), 32(1) and 33 of the Fixed Telecommunication Network Services Licence;
  8. in Conditions 13(1)(b) and 15(1) of the Self-Provided External Telecommunication System Licence;
  9. in Condition 15(1) of the Self-Provided External Telecommunication System (Short Term) Licence.

23.Telecommunication (Low Power Devices) (Exemption from Licensing) Order (Cap. 106 sub. leg.) Paragraph 3 of the Schedule.

24.Buildings Ordinance (Cap. 123) Sections 2(1) (definitions of "access road", "owner" and "private street"), 18(1)(ii) and (3), 19(1)(b), 27A(1), (2D)(b) and (3A)(b) and 31(2)(a) and (b) and (3)(a) and (b) and in the Second Schedule.

25.Building (Administration) Regulations (Cap. 123 sub. leg.) Regulation 8(1)(j).

26.Crown Lands Resumption Ordinance (Cap. 124) Sections 2 (definitions of "former owner" and "land"), 5(b), 6(1), 8(3), 12(b) and (c) and 16A(1)(b).

27.Crown Rent and Premium (Apportionment) Ordinance (Cap. 125) Sections 2 (definitions of "determined Crown rent", "existing building", "lot", "premium", "principal Crown rent" and "section"), 5(a), 6(1) and (2), 8(1), (2), (3) and (4), 9, 10(1) and (2), 11(a), 12(a), 13(1) and (2), 14A(1) and (3), 15(1)(a) and (b) and (2)(a) and (b), 16(1) and (2), 17, 18(b), 22(1) and (2) and 25.

28.Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) Sections 3, 4(1) and (2), 5, 6, 7(1)(a) and (b) and (2)(a), 8(1)(b)(i) and (2)(b)(i), 11(1) and (2) and 14.

29.Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127) Section 17.

30.Land Registration Regulations (Cap. 128 sub. leg.) Regulations 2 (definition of "lot number") and 21(1)(h) and (i).

31.Land Registration Fees Regulations (Cap. 128 sub. leg.) Items 8, 12, 13 and 14 of the Schedule.

32.Land Acquisition (Possessory Title) Ordinance (Cap. 130) Sections 2 (definitions of "date of vesting" and "possessory title"), 4(2)(e) and 5.

33.Public Health and Municipal Services Ordinance (Cap. 132) Sections 2(1) (definition of "owner"), 27(5)(b) and (6)(b)(i), 82(4), 104A(1)(b), 104B(1), 104E(1)(f) and (g), 111A, 111B(2) and 144A.

34.Advertisements By-laws (Cap. 132 sub. leg.) By-law 1(1).

35.Bathing Beach (Regional Council) By-laws (Cap. 132 sub. leg.) By-law 5.

36.Bathing Beach (Urban Council) By-laws (Cap. 132 sub. leg.) By-law 6.

37.Hawker (Regional Council) By-laws (Cap. 132 sub. leg.) By-law 2(2)(b).

38.Restriction of Hawking in Special Areas (Regional Council Area) (Consolidation) Notification (Cap.132 sub. leg.) Schedule.

39.Sanitation and Conservancy (Regional Council) By-laws (Cap. 132 sub. leg.) By-law 3 (definition of "owner").

40.Dangerous Drugs Ordinance (Cap. 134) Section 2(1) (definition of "owner").

41.Poultry (Slaughtering for Export) Regulations (Cap. 139 sub. leg.) Regulation 5(3)(b).

42.Sand Ordinance (Cap. 147) Sections 2(1) and 6(a) and (b).

43.Gambling Ordinance (Cap. 148) Section 2 (definition of "owner").

44.New Territories (Renewable Crown Leases) Ordinance (Cap. 152) Sections 3, 4(1), (2), (3) and (4) and 5(1) and (2).

45.Solicitors (General) Costs Rules (Cap. 159 sub. leg.) Paragraph 4(b) of Part I and paragraph 3(b) of Part III of the First Schedule.

46.Crimes Ordinance (Cap. 200) Section 117(1) (definition of "owner").

47.Declaration of Quarantine Area (Cap. 207 sub. leg.) The third line thereof.

48.Country Parks Ordinance (Cap. 208) Sections 16(2), (3) and (5), 17(1) and 24(1), (2) and (3).

49.Country Parks and Special Areas Regulations (Cap. 208 sub. leg.) Regulation 2 (definition of "road").

50.Designation of Special Areas within Country Parks (Consolidation) Order (Cap. 208 sub. leg.) Paragraph 2 and paragraphs 1 to 11 of the Schedule.

51.Special Areas (Designation) (Consolidation) Order (Cap. 208 sub. leg.) Paragraph 2 and paragraphs 1, 2 and 3 of the Schedule.

52.Hong Kong Industrial Estates Corporation Ordinance (Cap. 209) Section 5(2)(c).

53.Eastern Harbour Crossing Ordinance (Cap. 215) Section 76.

54.Conveyancing and Property Ordinance (Cap. 219) Sections 2 (definitions of "assignment" and "sale"), 13(1), 14(1), (2), (3), (4), (5) and (6), 14A(1), 35(1)(a) and 42(1), (2), (3), Part I, paragraphs 1, 2(a) and (b) and 4 of Part II and paragraphs 1, 2(a) and (b) and 4 of Part V of the First Schedule, paragraph (a) of Part B and paragraphs (a) and (e) of Part C of the Second Schedule and Forms 1, 2, 3, 4 and 5 of the Third Schedule.

55.Magistrates Ordinance (Cap. 227) Section 24(2).

56.Summary Offences Ordinance (Cap. 228) Sections 2(1) (definition of "public place") and (2) and 4(25).

57.Traffic Accident Victims (Assistance Fund) Ordinance (Cap. 229) Section 2(1) (definition of "road").

58.Public Bus Services Ordinance (Cap. 230) Sections 23(6)(b) and 25(6)(b)(ii).

59.Land Transactions (Enemy Occupation) Ordinance (Cap. 256) Section 2 (definition of "Land Registry registers").

60.Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276) Sections 2 (definition of "street"), 4(2)(b), (3)(b) and (5), 5(3)(e), 6(1), (4) and (8), 7(3)(e), 9, 10(1)(c) and (d) and (3), 14(5) and (6), 15(5), 20(2), 25(1), 32 and 33.

61.Housing Ordinance (Cap. 283) Sections 4(2)(ja), 5, 17A(1) and (2) and 37(1).

62.Mining Ordinance (Cap. 285) Sections 2 (definitions of "owner" and "private land"), 3, 14(1), 16(1), 25(b), 30, 65(1) and 66(1)(ii) and (iii) and (8).

63.Mining (General) Regulations (Cap. 285 sub. leg.) Regulation 30(1), (4A)(a) and (5)(a) and paragraph 4(a) and Notes (4) and (5) in Form IV and paragraph 4(b) and Notes (4) and (5) in Form V of the First Schedule.

64.Hong Kong Airport (Restricted Areas) Regulations (Cap. 292 sub. leg.) Regulations 3(1)(a) and (b) and (2) and 4(2).

65.Hong Kong Airport (Control of Obstructions) Ordinance (Cap. 301) Sections 2(1) (definition of "owner") and 24(c) and (e).

66.Lifts and Escalators (Safety) Ordinance (Cap. 327) Section 2(1) (definition of "owner" where such definition first appears).

67.Motor Vehicles (First Registration Tax) Ordinance (Cap. 330) Section 2 (definition of "road").

68.District Court Ordinance (Cap. 336) Section 69(4)(a).

69.Building Management Ordinance (Cap. 344) Section 20(1)(b).

70.Limitation Ordinance (Cap. 347) Section 12(4).

71.Partition Ordinance (Cap. 352) Section 7(2)(a).

72.Marine Fish Culture Ordinance (Cap. 353) Section 23(a).

73.Water Pollution Control (Sewerage) Regulation (Cap. 358 sub. leg.) Section 21(1) and sections 2 (definitions of "date of resumption", "owner" and "sea-bed"), 5 and 8 of Part II of Schedule 1.

74.Roads (Works, Use and Compensation) Ordinance (Cap. 370) Sections 2 (definitions of "owner" and "sea-bed"), 5(b)(iv), 14(2)(e), 15(1), (4) and (8), 16(2)(e), 17(1) and (2), 20(1) and (4), 21(5), 22(5)(d), (6)(e) and (8)(d), 32(1) and 37 and paragraphs 2, 5, 8 and 14 of Part I and paragraphs 5 and 8(a) and (c) of Part II of the Schedule.

75.Kowloon-Canton Railway Corporation Ordinance (Cap. 372) Sections 2 (definition of "land held by the Crown"), 21(2), 22, 23 and 26(1), paragraphs 1, 5, 6, 7, 18 and 20 of Part I of the Second Schedule and paragraphs 1, 5 and 6 of Part I of the Fifth Schedule.

76.Road Traffic Ordinance (Cap. 374) Sections 2 (definition of "road"), 122 (definition of "unleased Crown land"), 123(1) and 124(1).

77.Road Traffic (Parking) Regulations (Cap. 374 sub. leg.) Regulation 11(1).

78.Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg.) Regulation 41(1)(b), (3), (4)(b) and (5)(a).

79.Provisional Regional Council Ordinance (Cap. 385) Section 51(1) and (2).

80.The Ombudsman Ordinance (Cap. 397) Paragraph 8 of Schedule 2.

81.Noise Control Ordinance (Cap. 400) Section 2 (definition of "public place").

82.Sewage Tunnels (Statutory Easements) Ordinance (Cap. 438) Sections 4(2)(e), 10(1) and (3), 11(5) and 14(1) and (3).

83.Registrar General (Establishment) (Transfer of Functions and Repeal) Ordinance (Cap. 439) Section 32.

84.Land Drainage Ordinance (Cap. 446) Sections 2 (definition of "owner"), 21(2), 37(1), (5)(b) and (7) and 41(1) and section 4 of Part I and item 6(a), (b) and (c) of Part II of the Schedule.

85.Bedspace Apartments Ordinance (Cap. 447) Section 2 (definition of "owner").

86.New Territories Land (Exemption) Ordinance (Cap. 452) Sections 2 (definition of "rural land") and 3(b).

87.Non-local Higher and Professional Education (Regulation) Rules (Cap. 493 sub. leg.) Section 5(3)(c)(vi).

88.Estate Agents Ordinance (48 of 1997) Section 36(2)(e).

89.Railways Ordinance (59 of 1997) Sections 2 (definition of "owner"), 18(1)(b), 26(5), 27(6)(d), (7)(e) and (9)(d) and section 5 of Part I and item 8 of Part II of the Schedule.