### Government Rights (Re-entry and Vesting Remedies) Ordinance 《政府土地權(重收及轉歸補救)條例》

3. Exercise of right of re-entry by the Government
When a right of re-entry upon lands or tenements has accrued to the Government, such right may be exercised or enforced without any actual re-entry being made on the premises.
(Amended 29 of 1998 s. 105)[cf. 1859 c. 21 s. 25 U.K.]

4. Memorial of re-entry
(1) Whenever it is necessary to enforce a right of re-entry by the Government upon any lands or tenements for the breach of any covenant in the Government lease thereof, or for the breach of any condition or stipulation of any tenancy thereof, a memorial of an instrument of re-entry, under the hand of any public officer authorized by the Chief Executive to sign such instruments, may be registered in the Land Registry. (Amended 8 of 1993 s. 2; 3 of 2000 s. 3)
(2) Immediately on the registration of such a memorial, the Government shall be deemed to have re-entered upon the lands or tenements described therein and in respect of which the right of re-entry has accrued, and the said lands and tenements shall thereby become re-vested in the Government as fully as if the Government lease thereof had determined, or, as fully as if the tenancy had determined, as the case may be.
(Amended 29 of 1998 s. 105)

5. Notice of registration of memorial
Notice of the registration of a memorial of re-entry by the Government shall be published in the Gazette.
(Amended 29 of 1998 s. 105)

6. Acceptance of rent not to operate as a waiver of right of re-entry or forfeiture
The acceptance of rent by or on behalf of the Government shall not operate as a waiver by the Government of any right of re-entry accruing or of any forfeiture incurred by reason of either the breach of any covenant in a Government lease or the breach of any condition or stipulation in any tenancy of land held of the Government.
(Amended 29 of 1998 s. 105)

### Government Rights (Re-entry and Vesting Remedies) Ordinance 《政府土地權(重收及轉歸補救)條例》

8. Right to apply for relief against re-entry or vesting
(1) Subject to subsections (3) and (4), where a memorial of re-entry has been registered under section 4 in the Land Registry, the former owner may— (Amended 8 of 1993 s. 2)
(a) petition the Chief Executive to grant him relief against the re-entry;
(b) apply to the Court of First Instance in its equitable jurisdiction for relief against the re-entry—
(i) if he disputes the right of the Government to re-enter; or (Amended 29 of 1998 s. 105)
(ii) if the circumstances are such that he would have been entitled to apply for relief against re-entry had the lessor been a private party and exercised his right of re-entry.
(2) Subject to subsections (3) and (4), where a vesting notice has been registered under section 7 in the Land Registry, the former owner of a relevant interest which is the subject of the vesting notice may— (Amended 8 of 1993 s. 2)
(a) petition the Chief Executive to grant him relief against the vesting;
(b) apply to the Court of First Instance in its equitable jurisdiction for relief against the vesting—
(i) if he disputes the right of the Government to proceed under section 7; or (Amended 29 of 1998 s. 105)
(ii) if the circumstances are such that he would have been entitled to apply for relief against re-entry had the lessor been a private party and exercised his right of re-entry.
(3) A petition or application under subsection (1) or (2) may be made within 6 months from the registration of the memorial of re-entry or vesting notice, as the case may be, but in the case of a petition to the Chief Executive the Chief Executive may extend this period where he considers it just.
(4) A petition to the Chief Executive under subsection (1)(a) or (2)(a) shall be a bar to any subsequent application to the Court of First Instance under subsection (1)(b) or (2)(b).
(Amended 25 of 1998 s. 2; 3 of 2000 s. 3)

### Government Rights (Re-entry and Vesting Remedies) Ordinance 《政府土地權(重收及轉歸補救)條例》

9. Power of Chief Executive or Chief Executive in Council to order cancellation of memorial of re-entry or vesting notice
(1) Upon consideration of a petition under section 8, the Chief Executive may—
(a) order the cancellation of the memorial of re-entry so far as it affects the lands and tenements in respect of which the petition was made or the cancellation of the vesting notice so far as it affects the relevant interest in respect of which the petition was made, upon such terms as to costs, expenses, damages, compensation, penalty or otherwise as he shall in his discretion think fit; or
(b) direct that the petition be referred to the Chief Executive in Council.
(2) The Chief Executive in Council, upon considering a petition referred to him under subsection (1), may—
(a) order the cancellation of the memorial of re-entry so far as it affects the lands and tenements in respect of which the petition was made or the cancellation of the vesting notice so far as it affects the relevant interest in respect of which the petition was made, upon such terms as to costs, expenses, damages, compensation, penalty or otherwise as he shall in his discretion think fit; or 
(b) dismiss the petition.
(Amended 3 of 2000 s. 3)

10. Powers of Court of First Instance in respect of application for relief
On the hearing of an application to the Court of First Instance under section 8, the Court may exercise the same powers and make the same decree or order as in an action between private parties for the same relief and may order the cancellation of the memorial of re-entry so far as it affects the lands and tenements in respect of which the application was made or the cancellation of the vesting notice so far as it affects the relevant interest in respect of which the application was made.
(Amended 25 of 1998 s. 2)

### Government Rights (Re-entry and Vesting Remedies) Ordinance 《政府土地權(重收及轉歸補救)條例》

11. Cancellation of memorial of re-entry
(1) A memorial of re-entry by the Government shall be taken to be cancelled in respect of the whole or part of the lands and tenements affected by it if a memorandum to the effect that the memorial is cancelled in respect of the whole or part of such lands and tenements by order of the Chief Executive or Chief Executive in Council or of the Court of First Instance, as the case may be, is written on the memorial and signed by the Land Registrar. (Amended 25 of 1998 s. 2; 3 of 2000 s. 3)
(2) Immediately on cancellation in accordance with subsection (1), a memorial of re-entry, so far as it affects the lands and tenements specified in the memorandum, shall become void to all intents and purposes as if it had never been registered, and the lands and tenements described in the memorandum shall be ipso facto revested in the former owner for all his previous estate or interest therein; and the Government lease thereof, and every mortgage, charge, lien or other right or obligation previously existing in relation thereto shall be deemed to be as valid and subsisting in every respect as if no re-entry had been effected by the Government.
(3) Notice of the cancellation of a memorial under subsection (1) shall, within 30 days thereof, be served upon the former owner by the Land Registrar and be published in the Gazette.
(Amended 8 of 1993 s. 3; 29 of 1998 s. 105)