Full legislation
s.9
New Government rent of a lot or section held under a new Government lease
(1)
Subject to subsection (9) the new Government rent payable under a new
Government lease shall be an amount equal to 3 per cent of the rateable value of the
lot or section held under new Government lease.
(Amended
56 of 1978 s. 2
;
29 of 1998 s. 21
)
(2)
Subject to the provisions of this section, the rateable value for the purposes
of this section of a lot or section held under a new Government lease is the
rateable value or interim valuation as set out on the relevant day in the list
declared under
section 13
of the Rating Ordinance (
Cap. 116
), of the tenement, or, if there is more than one tenement, the
aggregate of the rateable values and interim valuations as so set out of all the
tenements comprised wholly or partly in the lot or section held under the new
Government lease.
(Replaced
56 of 1978 s. 2
. Amended
29 of 1998 s. 21
)
(3)
(a)
Where after
7
July 1978 or the relevant day, whichever is the later, an
interim valuation is made by the Commissioner under the Rating Ordinance (
Cap. 116
) of any tenement comprised wholly or partly
in a lot or section held under a new Government lease consequent upon the
redevelopment of the lot or section, then with effect from the first day of the
month following that in which the interim valuation becomes effective under the
Rating Ordinance (
Cap. 116
) or the relevant day,
whichever is the later, and notwithstanding subsection (2), the rateable value
of the lot or section for the purposes of this section is the aggregate
of—
(Amended
29 of 1998 s. 21
;
31 of 2025 s. 6
)
(i)
the rateable value of the lot or section as last ascertained under this
section; and
(ii)
the interim valuation,
less that portion, if any, of the rateable value under
subparagraph
(i) attributable to a tenement or part of a tenement included in or replaced by
the tenement to which the interim valuation
relates:
Provided
that this subsection shall not apply to any lot or section if its effect would
be to reduce the rateable value of that lot or section to less than it would
have been had the interim valuation not been made.
(b)
For the purposes of paragraph (a)
redevelopment
(
重建
) in relation to a lot or section
means the construction wholly or partly on the lot or section of a new
building.
(Replaced
56 of 1978 s. 2
)
(3A)
For the purposes of subsections (2) and (3), a tenement shall be deemed to be
comprised partly in a lot or section if the building in which it is contained stands
partly on the lot or section; and where a tenement is so deemed to be comprised
partly in a lot or section, there shall be included for the purpose of determining
the rateable value of the lot or section only that proportion of the rateable value
in the list declared under
section 13
of the Rating Ordinance (
Cap. 116
) or the interim valuation of the tenement as
the area of the lot or section bears to the area of all the lots or sections on
which the building stands.
(Added
56 of 1978 s. 2
)
(4)
The reference in this Ordinance to the rateable value of a tenement as set out
on the relevant day in the list declared under
section 13
of the Rating
Ordinance (
Cap. 116
) includes a reference to the
rateable value of any tenement ascertained pursuant to subsection (6) and the
rateable value provided for by subsection (7).
(5)
The reference in this Ordinance to the rateable value or the interim valuation
of a tenement made by the Commissioner under the Rating Ordinance (
Cap. 116
) is, in a case where such rateable value or
such interim valuation is varied on appeal under
section 42
of that
Ordinance, a reference to such rateable value or such interim valuation as so
varied.
(6)
Where no rateable value of a tenement has been ascertained under the Rating
Ordinance (
Cap. 116
) whether by reason of the exemption
of such tenement from assessment to rates or otherwise, the Commissioner shall if
required by the Director ascertain the rateable value thereof as if the same were
assessable to rates under that Ordinance.
(7)
Where on the relevant day no rates are payable under the Rating Ordinance (
Cap. 116
) in relation to a tenement, otherwise than by
reason of any exemption under
section 36
of that Ordinance, the rateable
value for the purposes of this section, of the lot or section comprising such
tenement shall
be—
(Amended
56 of 1978 s. 2
)
(a)
the rateable value of the tenement of which the land comprised in such lot
or section formed part as last ascertained by the Commissioner for rating
purposes; or
(b)
the aggregate of the rateable values
of—
(i)
such tenements; or
(ii)
the tenements which included any interest in such land;
or
(iii)
both the tenements referred to in
subparagraph
(i) and those referred to in
subparagraph
(ii),
as last ascertained by the Commissioner for rating purposes.
(8)
There shall be added to the new Government rent determined in accordance with
subsection (1) such amount as may be necessary to make the same an even number of
dollars.
(Amended
29 of 1998 s. 21
)
(9)
Where the person or all of the persons, if more than one, entitled to exercise
the right of renewal contained in a renewable Government lease paid or agreed in
writing with the Director to pay the new Government rent of a lot or section in an
amount exceeding that which is specified in subsection (1) the new Government rent
of the lot or section shall
be—
(Amended
29 of 1998 s. 21
)
(a)
for the period from the expiration of the renewable Government lease to the
30 June 1973 the amount so paid or agreed to be paid; and
(b)
for the period from the 1 July 1973 to the expiration of the term of the
new Government lease the amount specified in subsection (1).
(Amended
29 of 1998 s. 21
;
3 of 2000 s. 3
)