### Government Rent and Premium (Apportionment) Ordinance 《地稅及地價(分攤)條例》

7. Apportionment of premium on section
(1) If the Director of Lands decides in accordance with section 5 to determine the annual instalment of premium payable in respect of a section, then, subject to subsection (2), the annual instalment of premium payable in respect of that section shall be determined by the Director of Lands in the following manner, that is to say— (Amended 8 of 1993 s. 3; L.N. 291 of 1993)
(a) in accordance with any apportionment of the annual instalment of the principal premium made in an instrument which is registered in the Land Registry; or (Amended 8 of 1993 s. 2)
(b) if there is no such apportionment as is referred to in paragraph (a), so that it bears the same proportion to the annual instalment of the principal premium as the area of the section bears to the area of the lot.
(2) The Director of Lands shall add to the annual instalment of premium determined in accordance with subsection (1)— (Amended 8 of 1993 s. 3; L.N. 291 of 1993)
(a) such sum as may be necessary to make the same an even number of dollars; and
(b) a further sum of $10,
and the determined annual instalment of premium payable in respect of the section shall be the sum so ascertained.

### Government Rent and Premium (Apportionment) Ordinance 《地稅及地價(分攤)條例》

8. Effect of apportionment on section
(1) With effect from the publication in the Gazette of notice under section 22(1), the owner of the section shall hold the same as if there had been granted to him a separate Government lease of the section for the residue of the term of years created by the Government lease of the lot, containing, so far as they are applicable thereto, the covenants (other than the covenants to pay the Government rent and the premium, if any), stipulations, exceptions, reservations, provisos, powers and conditions contained in the said Government lease of the lot.
(2) There shall be deemed to be included in such separate Government lease of the section— (Amended 29 of 1998 s. 105)
(a) a covenant to pay the determined Government rent to the Government as from the day up to which the principal Government rent has been paid; and
(b) a covenant to pay the determined annual instalment of premium, if any, to the Government as from the day when the last annual instalment of the principal premium which has been paid became due.
(3) A section which is by virtue of subsection (1) held as if a separate Government lease thereof had been granted shall be deemed to be a lot for the purposes of this Ordinance.
(4) Nothing in this section shall affect any right or liability acquired or incurred by the Government or the owner of the section under the Government lease of the lot prior to the publication in the Gazette of notice under section 22(1), save that as from the day referred to in subsection (2)(a) or (b), as the case may be, any such liability of the owner of the section to pay the principal Government rent or the principal premium, if any, to the Government shall determine.
(Amended 29 of 1998 s. 105)

9. Saving of Government lease of lot
(Amended 29 of 1998 s. 105)Save in so far as the same is necessarily affected by the fact that a section is by virtue of section 8 held as if the separate Government lease referred to in that section had been granted and save as otherwise provided in this Ordinance, the Government lease of the lot shall continue in full force and effect in respect of any part of the lot which continues to be held thereunder.
(Amended 29 of 1998 s. 105)

### Government Rent and Premium (Apportionment) Ordinance 《地稅及地價(分攤)條例》

10. Area of lot or section
(1) For the purpose of determining the area of any lot or section, the Director of Lands may accept any statement as to such area contained in a Government lease or other instrument which is registered in the Land Registry or in any plan annexed to or endorsed on any such Government lease or instrument. (Amended 8 of 1993 s. 2)
(2) If the Director of Lands considers that the area of a lot or section which requires to be ascertained for the purpose of determining the Government rent payable in respect of a section is uncertain, he may have such lot or section surveyed. (Amended L.N. 76 of 1982)
(3) A certificate—
(a) purporting to be signed by the Director of Lands or a public officer authorized by him for the purposes of this section; and
(b) specifying the area of a lot or section ascertained by a survey pursuant to subsection (2),
shall be conclusive evidence for the purposes of this Ordinance of the area of the lot or section.
(Amended L.N. 94 of 1986; 8 of 1993 s. 3 &16; L.N. 291 of 1993; 29 of 1998 s. 105)

11. Cases in which Government rent or premium to be treated as apportioned in registered instrument
For the purposes of this Part—
(a) the principal Government rent shall be treated as apportioned in an instrument which is registered in the Land Registry only if— (Amended 8 of 1993 s. 2; 29 of 1998 s. 105)
(i) a sum is specified in such instrument as the share of the principal Government rent which is payable in respect of the relevant interest; or 
(ii) the share of the principal Government rent which is payable in respect of the relevant interest is expressed in such instrument to be a specified fraction of the principal Government rent or such share is otherwise ascertainable from the terms of such instrument; and (Amended 29 of 1998 s. 105)
(b) the annual instalment of the principal premium shall be treated as apportioned in an instrument which is registered in the Land Registry only if— (Amended 8 of 1993 s. 2)
(i) a sum is specified in such instrument as the share of the annual instalment of the principal premium which is payable in respect of the relevant interest; or
(ii) the share of the annual instalment of the principal premium which is payable in respect of the relevant interest is expressed in such instrument to be a specified fraction of the annual instalment of the principal premium or such share is otherwise ascertainable from the terms of such instrument.