### New Territories Land (Exemption) Ordinance 《新界土地(豁免)條例》

5. Savings for customary land trusts
(1) Section 3 shall not apply to land in the New Territories held in the name of any clan, family or t’ong in the manner described in section 15 of the New Territories Ordinance (Cap. 97).
(2) The Probate and Administration Ordinance (Cap. 10), the Intestates’ Estates Ordinance (Cap. 73) and the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481) shall not apply to proceedings in respect of or in relation to land in the New Territories held in the name of any clan, family or t’ong. (Amended 58 of 1995 s. 30)

6. Saving for jurisdiction in land matters
Nothing in section 3 shall affect the jurisdiction conferred on the Court of First Instance and the District Court under or by virtue of section 12 of the New Territories Ordinance (Cap. 97).
(Amended 25 of 1998 s. 2)

7. Provision relating to the Probate and Administration Ordinance (Cap. 10)
For the purposes of the Probate and Administration Ordinance (Cap. 10), land to which Part II of the New Territories Ordinance (Cap. 97) applies, not being land already so exempted by the Chief Executive, shall be deemed to be land exempted from that Part by the Chief Executive under section 7(2) or (3) of that Ordinance.
(Amended 57 of 1995 s. 16; 40 of 1999 s. 3)

8. Provision relating to the Intestates’ Estates Ordinance (Cap. 73)
For the purposes of the Intestates’ Estates Ordinance (Cap. 73), land to which Part II of the New Territories Ordinance (Cap. 97) applies, not being land already so exempted by the Chief Executive, shall be deemed to be land exempted from that Part by the Chief Executive under section 7(2) or (3) of that Ordinance.
(Amended 57 of 1995 s. 17; 40 of 1999 s. 3)

9. Provision relating to section 2 of the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481)
For the purposes of the definition of net estate

### New Territories Land (Exemption) Ordinance 《新界土地(豁免)條例》

12. Transitional provision
Where, at the commencement* of this Ordinance, rural land is held in the name of a deceased person registered in accordance with the New Territories Ordinance (Cap. 97) otherwise than as a manager, if no grant of probate or administration of the estate of the deceased is made by the Court of First Instance within 3 months after the death of that person then, notwithstanding sections 3(a), 10(c) and 11 of this Ordinance—
(a) the Secretary for Home and Youth Affairs may exercise the powers conferred on him under section 17 of the New Territories Ordinance (Cap. 97) in respect of any person who may be entitled to that rural land in succession to the deceased person as if section 17 of that Ordinance had not been repealed; 
(b) in any proceedings in the Court of First Instance or the District Court concerning the exercise by the Secretary for Home and Youth Affairs of those powers in relation to that rural land, the court shall have power to recognize and enforce any Chinese custom or customary right affecting that rural land as if section 13(2) had not been added to that Ordinance; and 
(c) on the registration of the name of the person entitled to that rural land in succession to the deceased person being effected by the Secretary for Home and Youth Affairs under section 17 of that Ordinance, that rural land shall, for the purpose of entitlement to rural land in succession and only for that purpose, be deemed to be land exempted from Part II of that Ordinance by the Chief Executive under section 7(2) or (3) of that Ordinance. (Amended 40 of 1999 s. 3)
(Amended 25 of 1998 s. 2; L.N. 144 of 2022) Editorial Note:

* Commencement date: 24 June 1994. 

### Environment and Conservation Fund Ordinance 《環境及自然保育基金條例》

1. Short title
(Amended E.R. 6 of 2021)(1) This Ordinance may be cited as the Environment and Conservation Fund Ordinance.
(2) (Omitted as spent—E.R. 6 of 2021)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
committee (委員會) means the committee established by section 7;
fund (基金) means the fund established by section 3;
Secretary (局長) means the Secretary for Environment and Ecology; (Added 78 of 1999 s. 7. Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
trustee (受託人) means the Secretary as trustee of the fund. (Amended 78 of 1999 s. 7)

3. Establishment of fund
(1) There is hereby established a fund called the “Environment and Conservation Fund”. (Amended E.R. 6 of 2021)
(2) The trustee shall hold the fund upon the trusts and subject to the provisions contained in this Ordinance.
(3) The fund shall consist of—
(a) such sums as may be granted by the Government from time to time;
(b) such donations as may be made to the fund from time to time;
(c) such other moneys, assets or property as may be acquired by the trustee from time to time, including any accumulated income of the fund.

4. Objects of the trust fund
The trustee shall hold and stand possessed of the fund upon trust to apply the same in such manner and to such extent as the committee may advise for the purposes of funding educational, research and other projects and activities in relation to environmental and conservation matters.

5. Incorporation of Secretary as trustee
(1) For the purposes of this Ordinance, the person for the time being performing the duties of the office of the Secretary shall be the trustee of the fund and shall be a corporation sole (in this section referred to as the corporation

6. Investment of moneys
(1) The trustee may invest any moneys of the fund in such investments, whether or not such investments are trust investments, as he may consider appropriate.
(2) The trustee may employ any professional person or financial institution to advise him on any matter arising out of or in connection with his functions under this Ordinance.
(3) All salaries and fees of any person or institution so employed shall be paid by the trustee out of the fund.