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School of Law

LW3607A Land Law I
Semester A, 2012/13

Topic 13 – Government Leases and Conditions

Part 1 - Introduction

Virtually all land in Hong Kong is held under the Government Lease.

A lessee has exclusive possession of the leased land for a fixed duration.

The leasehold system gives the Hong Kong Government a high degree of control over the way in which land is developed and used through covenants imposed on the grantee in the Lease.

[pic] The Hong Kong Reunification Ordinance

This came into effect on 1 July 1997.

Under this Ordinance, the term “Crown” becomes “Government”. The Crown Lease becomes the Government Lease and the Crown rent becomes Government rent.

All land in Hong Kong became the property of the People’s Republic of China but the HKSAR Government is responsible for its management, use, development and leasing. See Article 7 of the Basic Law.

The titles of several Ordinances have been changed by the Adaptation of Laws (Interpretative Provisions) Ordinance, Ord No. 29 of 1998.

Part 2 - Land Surveys, Land Boundaries and the Demarcation of Land

Under the Land Survey Ordinance 1995 (Cap 473), a plan must be drawn up by an authorised land surveyor whenever the land is divided by way of sectioning or subdivision. The plan must be registered and a copy deposited with the Land Survey Authority.

Land is divided into lots, e.g. Inland lots, Marine Lots, Rural Building lots.

In the New Territories, some of the land is referred to by its lot number and the Demarcation District in which it is situate.

The Land Registry Headquarters are located in Queensway Government Office and there are now 7 New Territories Search Offices.

All registries are computerised. The Integrated Registration Information System Online Services enable the public to access them through the Internet.…...

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