Sze Chak Tong and Another v. Chan Chue Lou t/a Hong Yuen Metalic Spring Manufacturing Co

IN THE DISTRICT COURT OF HONG KONG

HOLDEN AT KOWLOON

CIVIL JURISDICTION

DISTRAINT NO. 571 OF 1972

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Between

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Coram: Judge Davies in Chambers

1. Further to my ruling of 13^th July, 1972 herein, I have now received confirmation from the Crown Solicitor that 99.9% of New Territories Land designated “Inland Lot” has been exempted from the provisions of Part II of the New Territories Ordinance, and a similar proportion of land designated “Demarcation District” has not been so exempted; and this applies irrespective of what buildings if any, are created on such land.

2. In view of this, it would appear that where applications are made for the issue of Distress Warrants in relation to properties in the New Territories, for the removal of doubt, affirmations should always set out the correct designation of the property, and include an averment that the said property has been exempted from Part II of the New Territories Ordinance.

3. Should it so happen that any such application is made in relation to premises designated “Demarcation District”, then in my view the applicant should, in addition , be required to file a certificate from the Lands Officer confirming that the property has been exempted from the provisions above referred to.