RATING ORDINANCE - CHAPTER 116 RATING ORDINANCE - LONG TITLE Long title VerDate:30/06/1997 RATING* To consolidate and amend the laws relating to rating. [1 April 1973] (Originally 11 of 1973) ___________________________________________________________________________ __ Notes: * 1. The operation of this Ordinance is affected by transitional provisions contained in section 35 of 22 of 1995. That section is reproduced as follows- "35. Transitional (1) Any correction, deletion or interim valuation a notice of which was served immediately before the enactment of sections 9, 11 and 21 of this Ordinance shall be treated and disposed of as if it were a correction, deletion or interim valuation subject to the principal Ordinance and not amended by those sections. (2) The enactment of section 15 of this Ordinance shall not affect any entitlement to any right- (a) to serve notice on the Commissioner under section 30(3) of the principal Ordinance that a tenement was unoccupied; or (b) to make an application in respect of an unoccupied tenement under section 30(4) of the principal Ordinance for a refund, for any period prior to the commencement of section 15 of this Ordinance. (3) Any right of appeal subsisting immediately before the commencement of sections 22 to 24 of this Ordinance shall be treated as being a right of appeal to the Lands Tribunal under the principal Ordinance as amended by those sections. (4) Any appeal pending immediately before the commencement of sections 22 to 24 of this Ordinance shall be treated and disposed of as if it were an appeal pending to the Lands Tribunal under the principal Ordinance as amended by those sections. (5) The enactment of any provision in this Ordinance having the effect of substituting "Commissioner" for "Collector of Rates" shall not derogate from anything done by or in the name of the Collector of Rates prior to the amendment of the principal Ordinance by this Ordinance.". 2. Sections 22 to 24 of 22 of 1995 commenced operation on 12 May 1995. 3. Section 15 of 22 of 1995 commenced operation on 1 July 1995. RATING ORDINANCE - SECT 1 Short title VerDate:30/06/1997 PART I PRELIMINARY This Ordinance may be cited as the Rating Ordinance. RATING ORDINANCE - SECT 2 Interpretation VerDate:01/01/2000 In this Ordinance, unless the context otherwise requires- "Commissioner" (署長) means the Commissioner of Rating and Valuation appointed under section 4; "deletion" (刪除) means a deletion from a valuation list under section 24; "exempted" (豁免) means exempted from assessment to rates or from payment of rates by virtue of section 36; (Replaced 33 of 1981 s. 2) "Government rent" (地租) has the meaning assigned to it under section 2 of the Government Rent (Assessment and Collection ) Ordinance (Cap 515); (Added 53 of 1997 s. 49) "Government Rent Roll" (地租登記冊) has the meaning assigned to it under section 2 of the Government Rent (Assessment and Collection) Ordinance (Cap 515); (Added 53 of 1997 s. 49) "identical tenement" (相同物業單位) means a tenement the entry for which in the Government Rent Roll is identical to an entry in the valuation list; (Added 53 of 1997 s.49)　 "interim valuation" (臨時估價) means a valuation made under section 25; "occupier" (佔用人) includes the agent of any such occupier; "owner" (擁有人) means the holder of any tenement direct from the Government, whether under lease, licence or otherwise, or the immediate landlord of any tenement, or the agent of any such holder or landlord and also means a mortgagee or chargee; (Amended 22 of 1995 s. 34; 53 of 1997 s. 49) "prescribed" (訂明) means prescribed by resolution of the Legislative Council; (Added 9 of 1984 s. 2) "rates" (差餉) means rates chargeable under this Ordinance; (Replaced 78 of 1999 s. 7) "specified form" (指明表格) means a form specified under section 54; "tenement" (物業單位) means any land (including land covered with water) or any building, structure, or part thereof which is held or occupied as a distinct or separate tenancy or holding or under any licence; "valuation list" (估價冊) means any list declared under section 13; "year" (年度) means- (a) except in section 7A(4), financial year; and (b) in section 7A(4), calendar year. (Replaced 22 of 1995 s. 2) (Amended 62 of 1974 s. 16; 54 of 1990 s. 2; 22 of 1995 s. 2; 78 of 1999 s. 7) "Commissioner" (署長) "deletion" (刪除) "exempted" (豁免) "Government rent" (地租) "Government Rent Roll" (地租登記冊) "identical tenement" (相同物業單位) "interim valuation" (臨時估價) "occupier" (佔用人) "owner" (擁有人) "prescribed" (訂明) "rates" (差餉) "specified form" (指明表格) "tenement" (物業單位) "valuation list" (估價冊) "year" (年度) RATING ORDINANCE - SECT 2 Interpretation VerDate:30/06/1997 In this Ordinance, unless the context otherwise requires- "Commissioner" (署長) means the Commissioner of Rating and Valuation appointed under section 4; "deletion" (刪除) means a deletion from a valuation list under section 24; "exempted" (豁免) means exempted from assessment to rates or from payment of rates by virtue of section 36; (Replaced 33 of 1981 s. 2) "Government rent" (地租) has the meaning assigned to it under section 2 of the Government Rent (Assessment and Collection ) Ordinance (Cap 515); (Added 53 of 1997 s. 49) "Government Rent Roll" (地租登記冊) has the meaning assigned to it under section 2 of the Government Rent (Assessment and Collection) Ordinance (Cap 515); (Added 53 of 1997 s. 49) "identical tenement" (相同物業單位) means a tenement the entry for which in the Government Rent Roll is identical to an entry in the valuation list; (Added 53 of 1997 s.49)　 "interim valuation" (臨時估價) means a valuation made under section 25; "occupier" (佔用人) includes the agent of any such occupier; "owner" (擁有人) means the holder of any tenement direct from the Government, whether under lease, licence or otherwise, or the immediate landlord of any tenement, or the agent of any such holder or landlord and also means a mortgagee or chargee; (Amended 22 of 1995 s. 34; 53 of 1997 s. 49) "prescribed" (訂明) means prescribed by resolution of the Legislative Council; (Added 9 of 1984 s. 2) "rates" (差餉) means- (a) in relation to the Urban Council area, general rates and Urban Council rates; and (b) in relation to the Regional Council area, general rates and Regional Council rates; (Replaced 1 of 1986 s. 2) "Regional Council area" (區域市政局地區) has the meaning assigned to it in the District Boards Ordinance (Cap 366); (Added 1 of 1986 s. 2) "specified form" (指明表格) means a form specified under section 54; "tenement" (物業單位) means any land (including land covered with water) or any building, structure, or part thereof which is held or occupied as a distinct or separate tenancy or holding or under any licence; "Urban Council area" (市政局地) has the meaning assigned to it in the District Boards Ordinance (Cap 366); (Added 1 of 1986 s. 2) "valuation list" (估價冊) means any list declared under section 13; "year" (年度) means- (a) except in section 7A(4), financial year; and (b) in section 7A(4), calendar year. (Replaced 22 of 1995 s. 2) (Amended 62 of 1974 s. 16; 54 of 1990 s. 2; 22 of 1995 s. 2) "Commissioner" (署長) "deletion" (刪除) "exempted" (豁免) "Government rent" (地租) "Government Rent Roll" (地租登記冊) "identical tenement" (相同物業單位) "interim valuation" (臨時估價) "occupier" (佔用人) "owner" (擁有人) "prescribed" (訂明) "rates" (差餉) "Regional Council area" (區域市政局地區) "specified form" (指明表格) "tenement" (物業單位) "Urban Council area" (市政局地) "valuation list" (估價冊) "year" (年度) RATING ORDINANCE - SECT 3 (Repealed) VerDate:30/06/1997 (Repealed 54 of 1990 s. 3) RATING ORDINANCE - SECT 4 Appointments VerDate:01/07/1997 Adaptation amendments retroactively made - see 12 of 1999 s. 3 PART II APPOINTMENT AND POWERS OF COMMISSIONER The Chief Executive may appoint a Commissioner of Rating and Valuation, a Deputy Commissioner, and such Assistant Commissioners, Principal Valuation Surveyors, Senior Valuation Surveyors and Valuation Surveyors as he thinks fit. (Amended L.N. 95 of 1989; 12 of 1999 s. 3) RATING ORDINANCE - SECT 4 Appointments VerDate:30/06/1997 PART II APPOINTMENT AND POWERS OF COMMISSIONER The Governor may appoint a Commissioner of Rating and Valuation, a Deputy Commissioner, and such Assistant Commissioners, Principal Valuation Surveyors, Senior Valuation Surveyors and Valuation Surveyors as he thinks fit. (Amended L.N. 95 of 1989) RATING ORDINANCE - SECT 5 General powers of Commissioner VerDate:09/07/2004 (1) The Commissioner, or any person authorized by him in writing, may- (Amended 54 of 1990 s. 4) (a) serve on the owner or occupier of any tenement a requisition in the specified form, requiring him to furnish to the Commissioner, within such period of time as the Commissioner may specify in the form, the particulars required by the requisition; (Amended 54 of 1990 s. 4) (b) require the owner or occupier of any tenement to produce to him for inspection all receipts for rent, rent-books, accounts or other documents whatsoever connected with the rent or value of the tenement; (Replaced 54 of 1990 s. 4) (ba) take away for the purpose of making copies any receipts for rent, rent-books, accounts or other documents whatsoever connected with the rent or value of the tenement, produced for inspection under paragraph (b); (Added 54 of 1990 s. 4) (c) at any reasonable time, with the consent of the occupier thereof, or of the owner thereof if there is no occupier or if the occupier cannot be found, enter and inspect any tenement and take such measurements and other particulars as he thinks fit for all or any of the following purposes- (Amended 54 of 1990 s. 4) (i) ascertaining the rateable value of the tenement; (ii) ascertaining whether any amount paid in respect of rates is refundable; (iii) ascertaining whether the tenement is qualified to be exempted; (iv) ascertaining whether the tenement is unoccupied; and (v) for any other purpose connected with the valuation of the tenement; and (d) where he is unable to effect an entry into the tenement in accordance with paragraph (c), serve on the owner and occupier of the tenement notice in writing requiring permission to enter and inspect the tenement for all or any of the purposes specified in paragraph (c), and after the expiry of 24 hours from the service of the notice may, at any reasonable time during day-light, enter (using such force as is necessary therefor) and inspect the tenement and take such measurements and other particulars as he thinks fit for any such purposes. (1A) The Commissioner may disclose any information obtained under this Ordinance to any specified person where in his opinion the disclosure will enable or assist the person to perform a function or exercise a power (including a right) imposed or conferred on the person by- (a) this Ordinance; (b) the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (c) the Government Rent (Assessment and Collection) Ordinance (Cap 515). (Added 32 of 2002 s. 40) (1B) In subsection (1A), "specified person" (指明人士) means- (a) the Lands Tribunal established under the Lands Tribunal Ordinance (Cap 17) or a court or magistrate; or (b) a public officer acting in his capacity as a public officer. (c) (Repealed 16 of 2004 s. 16) (Added 32 of 2002 s. 40. Amended 16 of 2004 s. 16) (2) Where receipts for rent, rent-books, accounts or other documents are taken away under subsection (1), the Commissioner or any person authorized by him shall return such documents to the owner or occupier of the tenement within a reasonable period of time. (Added 54 of 1990 s. 4) "specified person" (指明人士) RATING ORDINANCE - SECT 5 General powers of Commissioner VerDate:27/12/2002 (1) The Commissioner, or any person authorized by him in writing, may- (Amended 54 of 1990 s. 4) (a) serve on the owner or occupier of any tenement a requisition in the specified form, requiring him to furnish to the Commissioner, within such period of time as the Commissioner may specify in the form, the particulars required by the requisition; (Amended 54 of 1990 s. 4) (b) require the owner or occupier of any tenement to produce to him for inspection all receipts for rent, rent-books, accounts or other documents whatsoever connected with the rent or value of the tenement; (Replaced 54 of 1990 s. 4) (ba) take away for the purpose of making copies any receipts for rent, rent-books, accounts or other documents whatsoever connected with the rent or value of the tenement, produced for inspection under paragraph (b); (Added 54 of 1990 s. 4) (c) at any reasonable time, with the consent of the occupier thereof, or of the owner thereof if there is no occupier or if the occupier cannot be found, enter and inspect any tenement and take such measurements and other particulars as he thinks fit for all or any of the following purposes- (Amended 54 of 1990 s. 4) (i) ascertaining the rateable value of the tenement; (ii) ascertaining whether any amount paid in respect of rates is refundable; (iii) ascertaining whether the tenement is qualified to be exempted; (iv) ascertaining whether the tenement is unoccupied; and (v) for any other purpose connected with the valuation of the tenement; and (d) where he is unable to effect an entry into the tenement in accordance with paragraph (c), serve on the owner and occupier of the tenement notice in writing requiring permission to enter and inspect the tenement for all or any of the purposes specified in paragraph (c), and after the expiry of 24 hours from the service of the notice may, at any reasonable time during day-light, enter (using such force as is necessary therefor) and inspect the tenement and take such measurements and other particulars as he thinks fit for any such purposes. (1A) The Commissioner may disclose any information obtained under this Ordinance to any specified person where in his opinion the disclosure will enable or assist the person to perform a function or exercise a power (including a right) imposed or conferred on the person by- (a) this Ordinance; (b) the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (c) the Government Rent (Assessment and Collection) Ordinance (Cap 515). (Added 32 of 2002 s. 40) (1B) In subsection (1A), "specified person" (指明人士) means- (a) the Lands Tribunal established under the Lands Tribunal Ordinance (Cap 17) or a court or magistrate; (b) a public officer acting in his capacity as a public officer; or (c) a landlord or tenant acting in his capacity as a landlord or tenant, as the case may be, under section 119AA of the Landlord and Tenant (Consolidation) Ordinance (Cap 7). (Added 32 of 2002 s. 40) (2) Where receipts for rent, rent-books, accounts or other documents are taken away under subsection (1), the Commissioner or any person authorized by him shall return such documents to the owner or occupier of the tenement within a reasonable period of time. (Added 54 of 1990 s. 4) "specified person" (指明人士) RATING ORDINANCE - SECT 5 General powers of Commissioner VerDate:30/06/1997 (1) The Commissioner, or any person authorized by him in writing, may- (Amended 54 of 1990 s. 4) (a) serve on the owner or occupier of any tenement a requisition in the specified form, requiring him to furnish to the Commissioner, within such period of time as the Commissioner may specify in the form, the particulars required by the requisition; (Amended 54 of 1990 s. 4) (b) require the owner or occupier of any tenement to produce to him for inspection all receipts for rent, rent-books, accounts or other documents whatsoever connected with the rent or value of the tenement; (Replaced 54 of 1990 s. 4) (ba) take away for the purpose of making copies any receipts for rent, rent-books, accounts or other documents whatsoever connected with the rent or value of the tenement, produced for inspection under paragraph (b); (Added 54 of 1990 s. 4) (c) at any reasonable time, with the consent of the occupier thereof, or of the owner thereof if there is no occupier or if the occupier cannot be found, enter and inspect any tenement and take such measurements and other particulars as he thinks fit for all or any of the following purposes- (Amended 54 of 1990 s. 4) (i) ascertaining the rateable value of the tenement; (ii) ascertaining whether any amount paid in respect of rates is refundable; (iii) ascertaining whether the tenement is qualified to be exempted; (iv) ascertaining whether the tenement is unoccupied; and (v) for any other purpose connected with the valuation of the tenement; and (d) where he is unable to effect an entry into the tenement in accordance with paragraph (c), serve on the owner and occupier of the tenement notice in writing requiring permission to enter and inspect the tenement for all or any of the purposes specified in paragraph (c), and after the expiry of 24 hours from the service of the notice may, at any reasonable time during day-light, enter (using such force as is necessary therefor) and inspect the tenement and take such measurements and other particulars as he thinks fit for any such purposes. (2) Where receipts for rent, rent-books, accounts or other documents are taken away under subsection (1), the Commissioner or any person authorized by him shall return such documents to the owner or occupier of the tenement within a reasonable period of time. (Added 54 of 1990 s. 4) RATING ORDINANCE - SECT 6 Extension of time for furnishing particulars VerDate:30/06/1997 (1) An owner or occupier may, within the period of time specified in a requisition served on him under section 5(1)(a), apply in writing to the Commissioner for an extension of the time allowed for furnishing the particulars required by the requisition. (Amended 54 of 1990 s. 5) (2) On receipt of an application under subsection (1), the Commissioner may grant such extension of time as to him appears reasonable in the circumstances. RATING ORDINANCE - SECT 6A Use of returned requisition as evidence VerDate:27/12/2002 (1) A returned requisition shall in any proceedings before the Lands Tribunal or the Court of Appeal be admissible as evidence of the facts stated in the returned requisition; and any document purporting to be a returned requisition shall in any such proceedings, be presumed, unless the contrary is shown- (a) to be such a returned requisition; (b) to have been made by the persons by whom it purports to have been made; and (c) if it purports to have been made by a person as owner or occupier of a tenement, or in any other capacity specified in the returned requisition, to have been made by him as such owner, occupier, or in that other capacity, as the case may be. (2) In subsection (1), "returned requisition" (已交回的申報表) means- (a) a requisition served under section 5(1)(a) on the owner or occupier of a tenement; (b) a notice lodged with the Commissioner under section 119L(1), or a requisition served on a person under section 119T(1)(a), of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (c) a requisition served under section 31(1)(a) of the Government Rent (Assessment and Collection) Ordinance (Cap 515) on the lessee of an applicable lease or the owner or occupier of a tenement, and returned by him to the Commissioner containing or purporting to contain all or any of the particulars required to be given by him to the Commissioner. (Replaced 32 of 2002 s. 40) (Added 45 of 1979 s. 2) [cf. 1967 c. 9 s. 83(2) U.K.] "returned requisition" (已交回的申請表) RATING ORDINANCE - SECT 6A Use of returned requisition as evidence VerDate:30/06/1997 (1) A returned requisition shall in any proceedings before the Lands Tribunal or the Court of Appeal be admissible as evidence of the facts stated in the returned requisition; and any document purporting to be a returned requisition shall in any such proceedings, be presumed, unless the contrary is shown- (a) to be such a returned requisition; (b) to have been made by the persons by whom it purports to have been made; and (c) if it purports to have been made by a person as owner or occupier of a tenement, or in any other capacity specified in the returned requisition, to have been made by him as such owner, occupier, or in that other capacity, as the case may be. (2) In subsection (1), "returned requisition" (已交回的申請表) means a requisition served under section 5(1)(a) on the owner or occupier of a tenement and returned by him to the Commissioner containing or purporting to contain, all or any of the particulars required to be furnished by him to the Commissioner. (Amended 54 of 1990 s. 6) (Added 45 of 1979 s. 2) [cf. 1967 c. 9 s. 83(2) U.K.] "returned requisition" (已交回的申請表) RATING ORDINANCE - SECT 7 Ascertainment of rateable value-general rule VerDate:30/06/1997 PART III ASCERTAINMENT OF RATEABLE VALUE (1) Subject to sections 8, 8A and 9, the rateable value of a tenement shall be ascertained in accordance with this section and section 7A. (Amended 33 of 1981 s. 3; 22 of 1995 s. 3) (2) The rateable value of a tenement shall be an amount equal to the rent at which the tenement might reasonably be expected to let, from year to year, if- (a) the tenant undertook to pay all usual tenant's rates and taxes; and (b) the landlord undertook to pay the Government rent, the costs of repairs and insurance and any other expenses necessary to maintain the tenement in a state to command that rent. (Amended 22 of 1995 s. 34) (Amended 11 of 1987 s. 2) RATING ORDINANCE - SECT 7A Rateable values in new valuation lists VerDate:01/01/2000 (1) (Repealed 11 of 1987 s. 3) (2) The rateable value of any tenement to be included in a list prepared under section 12 shall be ascertained by reference to the relevant date on the assumption that at that date- (a) the tenement was in the same state as at the time the list comes into force; (b) any relevant factors affecting the mode or character of occupation were those subsisting at the time the list comes into force; and (c) the locality in which the tenement is situated was in the same state, with regard to other premises situated in the locality, the occupation and use of those premises, the transport services and other facilities available in the locality and other matters affecting the amenities of the locality, as at the time the list comes into force. (3) For the purposes of an interim valuation, the rateable value of any tenement in respect of which a notice of interim valuation has been served under section 26 shall be the value which would have been ascribed thereto on the relevant date on the assumption that at that date- (Amended 9 of 1984 s. 3) (a) the tenement was in the same state as at the time of service of the notice; (b) any relevant factors affecting the mode or character of occupation were those subsisting at the time of service of the notice; and (c) the locality in which the tenement is situated was in the same state, with regard to other premises situated in the locality, the occupation and use of those premises, the transport services and other facilities available in the locality and other matters affecting the amenities of the locality, as at the time of service of the notice. (4) For the purposes of any alteration to a list pursuant to section 38 or 39, the rateable value of any tenement in respect of which a proposal has been made under section 37 shall be the value which would have been ascribed thereto on the relevant date on the assumption that at that date- (Amended 9 of 1984 s. 3) (a) the tenement was in the same state as at 1 April of the year of the making of the proposal; (b) any relevant factors affecting the mode or character of occupation were those subsisting at 1 April of the year of the making of the proposal; and (c) the locality in which the tenement is situated was in the same state, with regard to other premises situated in the locality, the occupation and use of those premises, the transport services and other facilities available in the locality and other matters affecting the amenities of the locality, as at 1 April of the year of the making of the proposal. (5) In this section "relevant date" (有關日期) means the date designated by the Chief Executive under section 11(1)(b). (Amended 12 of 1999 s. 3; 78 of 1999 s. 7) (Added 33 of 1981 s. 4. Amended 54 of 1990 s. 7) "relevant date" (有關日期) RATING ORDINANCE - SECT 7A Rateable values in new valuation lists VerDate:01/07/1997 Adaptation amendments retroactively made - see 12 of 1999 s. 3 (1) (Repealed 11 of 1987 s. 3) (2) The rateable value of any tenement to be included in a list prepared under section 12 shall be ascertained by reference to the relevant date on the assumption that at that date- (a) the tenement was in the same state as at the time the list comes into force; (b) any relevant factors affecting the mode or character of occupation were those subsisting at the time the list comes into force; and (c) the locality in which the tenement is situated was in the same state, with regard to other premises situated in the locality, the occupation and use of those premises, the transport services and other facilities available in the locality and other matters affecting the amenities of the locality, as at the time the list comes into force. (3) For the purposes of an interim valuation, the rateable value of any tenement in respect of which a notice of interim valuation has been served under section 26 shall be the value which would have been ascribed thereto on the relevant date on the assumption that at that date- (Amended 9 of 1984 s. 3) (a) the tenement was in the same state as at the time of service of the notice; (b) any relevant factors affecting the mode or character of occupation were those subsisting at the time of service of the notice; and (c) the locality in which the tenement is situated was in the same state, with regard to other premises situated in the locality, the occupation and use of those premises, the transport services and other facilities available in the locality and other matters affecting the amenities of the locality, as at the time of service of the notice. (4) For the purposes of any alteration to a list pursuant to section 38 or 39, the rateable value of any tenement in respect of which a proposal has been made under section 37 shall be the value which would have been ascribed thereto on the relevant date on the assumption that at that date- (Amended 9 of 1984 s. 3) (a) the tenement was in the same state as at 1 April of the year of the making of the proposal; (b) any relevant factors affecting the mode or character of occupation were those subsisting at 1 April of the year of the making of the proposal; and (c) the locality in which the tenement is situated was in the same state, with regard to other premises situated in the locality, the occupation and use of those premises, the transport services and other facilities available in the locality and other matters affecting the amenities of the locality, as at 1 April of the year of the making of the proposal. (5) In this section "relevant date" (有關日期) means the date designated by the Chief Executive under section 11(1)(b) for the Urban Council area or Regional Council area in which the tenement is situated. (Amended 12 of 1999 s. 3) (Added 33 of 1981 s. 4. Amended 54 of 1990 s. 7) "relevant date" (有關日期) RATING ORDINANCE - SECT 7A Rateable values in new valuation lists VerDate:30/06/1997 (1) (Repealed 11 of 1987 s. 3) (2) The rateable value of any tenement to be included in a list prepared under section 12 shall be ascertained by reference to the relevant date on the assumption that at that date- (a) the tenement was in the same state as at the time the list comes into force; (b) any relevant factors affecting the mode or character of occupation were those subsisting at the time the list comes into force; and (c) the locality in which the tenement is situated was in the same state, with regard to other premises situated in the locality, the occupation and use of those premises, the transport services and other facilities available in the locality and other matters affecting the amenities of the locality, as at the time the list comes into force. (3) For the purposes of an interim valuation, the rateable value of any tenement in respect of which a notice of interim valuation has been served under section 26 shall be the value which would have been ascribed thereto on the relevant date on the assumption that at that date- (Amended 9 of 1984 s. 3) (a) the tenement was in the same state as at the time of service of the notice; (b) any relevant factors affecting the mode or character of occupation were those subsisting at the time of service of the notice; and (c) the locality in which the tenement is situated was in the same state, with regard to other premises situated in the locality, the occupation and use of those premises, the transport services and other facilities available in the locality and other matters affecting the amenities of the locality, as at the time of service of the notice. (4) For the purposes of any alteration to a list pursuant to section 38 or 39, the rateable value of any tenement in respect of which a proposal has been made under section 37 shall be the value which would have been ascribed thereto on the relevant date on the assumption that at that date- (Amended 9 of 1984 s. 3) (a) the tenement was in the same state as at 1 April of the year of the making of the proposal; (b) any relevant factors affecting the mode or character of occupation were those subsisting at 1 April of the year of the making of the proposal; and (c) the locality in which the tenement is situated was in the same state, with regard to other premises situated in the locality, the occupation and use of those premises, the transport services and other facilities available in the locality and other matters affecting the amenities of the locality, as at 1 April of the year of the making of the proposal. (5) In this section "relevant date" (有關日期) means the date designated by the Governor under section 11(1)(b) for the Urban Council area or Regional Council area in which the tenement is situated. (Added 33 of 1981 s. 4. Amended 54 of 1990 s. 7) "relevant date" (有關日期) RATING ORDINANCE - SECT 8 Tenements containing machinery VerDate:30/06/1997 For the purpose of ascertaining the rateable value of a tenement under sections 7 and 7A- (Amended 33 of 1981 s. 5) (a) subject to paragraph (b), all machinery (including lifts) used as adjuncts to the tenement shall be regarded as part of the tenement, but the reasonable expenses incurred in working such machinery shall be allowed for in arriving at the rateable value of the tenement; (b) no account shall be taken of the value of any machinery in or on the tenement for the purpose of manufacturing operations or trade processes. RATING ORDINANCE - SECT 8A Plant VerDate:30/06/1997 (1) Where any land (including land covered with water) or any building or structure is occupied by a person by means of any plant, such land, building or structure shall, to the extent that the land, building or structure is so occupied, be deemed for rating purposes to be a separate tenement, whether or not such land, building or structure is otherwise a tenement and that person shall be deemed for rating purposes to be the occupier of such tenement and liable for payment of rates assessed thereon. (2) For the purpose of ascertaining the rateable value of such tenement, the plant by means of which the person is occupying the tenement shall be regarded as part of the tenement. (3) In this section "plant" (工業裝置) includes cables, ducts, pipelines, railway lines, tramway lines, oil tanks, settings and supports for plant or machinery. (Added 13 of 1991 s. 2) "plant" (工業裝置) RATING ORDINANCE - SECT 9 Advertising stations VerDate:30/06/1997 (1) Where the right to use land for the purpose of exhibiting advertisements is let, reserved or otherwise granted to a person other than the occupier of the land, or, where the land is not occupied for any other purpose, to any person other than the owner of the land, that right shall, subject to subsection (2), be deemed for rating purposes to be a separate tenement in the occupation of the person for the time being entitled to the right and, for the purpose of sections 7 and 7A,- (Amended 33 of 1981 s.6) (a) in valuing that separate tenement for rating purposes, the rent at which it might be expected to be let shall be estimated as if the rent would include a proper amount in respect of any structure or sign for the time being available for use, for the purpose of exhibiting advertisement, by the occupier of the separate tenement, notwithstanding that the structure or sign was provided by him or was provided after the said right was let, reserved or otherwise granted; (b) in valuing the land on which the separate tenement exists for rating purposes, no account shall be taken of any value or increased value arising from the use of the land for the purpose of exhibiting advertisements in accordance with the said right. (2) The separate tenement aforesaid shall be treated as coming into existence at the earliest time at which either- (a) any structure or sign is erected in exercise of the said right; or (b) any advertisement is exhibited in pursuance of the right. (3) For the purpose of section 24 the erection, dismantling or alteration of any structure or sign, in exercise of the right under subsection (1), shall be treated as a structural alteration of the tenement. (4) Where land is used temporarily or permanently for, or for the erection of, a structure used for or in connection with, the exhibition of advertisements but is not otherwise occupied, and subsection (1) does not apply, the person permitting the land to be so used or, if that person cannot be ascertained, the owner of the land shall be deemed to be in occupation of the land and be liable to pay rates in respect thereof according to the value of that use of the land. (Amended 33 of 1981 s. 6) (5) Where a tenement, which is liable for assessment to rates in respect of its occupation for other purposes, is used temporarily or permanently for, or for the erection thereon of a structure used for or in connection with, the exhibition of advertisements, and subsection (1) does not apply, any estimate of the rateable value of the tenement for the purpose of sections 7 and 7A shall include the increased value arising from that use of the land. (Amended 33 of 1981 s. 6) (6) Where an advertisement is exhibited on any land, and subsections (1), (4) and (5) do not apply, the advertisement shall be deemed for rating purposes to be a separate tenement and shall be valued for rating purposes as if it were a separate tenement under subsection (1). (7) In this section, "land" (土地) includes any structure, hoarding, frame, post or wall. [cf. 1967 c. 9 s. 28 U.K.] "land" (土地) RATING ORDINANCE - SECT 10 Valuations to be separate except in certain cases VerDate:30/06/1997 (1) Subject to this Ordinance, the Commissioner shall separately estimate the rateable value of each tenement, except in the following cases- (Amended 22 of 1995 s. 4) (a) if- (i) the value of a tenement is affected by the value of any other tenement; and (ii) the tenements are used in connection with one another, the tenements may, in the discretion of the Commissioner, be valued together as a single tenement; (Replaced 13 of 1991 s. 3) (b) if 2 or more tenements are with in the same lot or lots which form the site of a building or structure or group of buildings or structures, the Commissioner may value those tenements together as a single tenement. (Amended 11 of 1987 s. 4) (2) For the purposes of subsection (1)(b), where the Commissioner values 2 or more tenements together as a single tenement, the applicable rateable value shall be the aggregate of the rateable value of each of those tenements valued separately. (Added 22 of 1995 s. 4) RATING ORDINANCE - SECT 10A Valuation of tenements VerDate:30/06/1997 PART IV VALUATIONS AND VALUATION LISTS The Commissioner may at any time make a valuation of any tenement. (Added 33 of 1981 s. 7. Amended 54 of 1990 s. 8) RATING ORDINANCE - SECT 11 Direction to prepare valuation lists VerDate:01/01/2000 (1) The Chief Executive may- (Amended 12 of 1999 s. 3) (a) at any time direct the Commissioner to prepare a new list of the rateable values of tenements in accordance with section 12; and (b) at the same time or at any other time, for the purposes of that new list, designate a date by reference to which the rateable values of tenements shall be ascertained. (Amended 11 of 1987 s. 5; 54 of 1990 s. 9; 78 of 1999 s. 7) (2) Notice of a direction or a designation under subsection (1) shall be published in the Gazette. (Replaced 33 of 1981 s. 8) RATING ORDINANCE - SECT 11 Direction to prepare valuation lists VerDate:01/07/1997 Amendments retroactively made - see 12 of 1999 s. 3 (1) The Chief Executive may- (Amended 12 of 1999 s. 3) (a) at any time direct the Commissioner to prepare a new list of the rateable values of tenements in accordance with section 12 for the Urban Council area or Regional Council area; and (b) at the same time or at any other time, for the purposes of that new list, designate a date by reference to which the rateable values of tenements in the Urban Council area or Regional Council area shall be ascertained. (Amended 11 of 1987 s. 5; 54 of 1990 s. 9) (2) Notice of a direction or a designation under subsection (1) shall be published in the Gazette. (Replaced 33 of 1981 s. 8) RATING ORDINANCE - SECT 11 Direction to prepare valuation lists VerDate:30/06/1997 (1) The Governor may- (a) at any time direct the Commissioner to prepare a new list of the rateable values of tenements in accordance with section 12 for the Urban Council area or Regional Council area; and (b) at the same time or at any other time, for the purposes of that new list, designate a date by reference to which the rateable values of tenements in the Urban Council area or Regional Council area shall be ascertained. (Amended 11 of 1987 s. 5; 54 of 1990 s. 9) (2) Notice of a direction or a designation under subsection (1) shall be published in the Gazette. (Replaced 33 of 1981 s. 8) RATING ORDINANCE - SECT 12 Preparation of lists of rateable values VerDate:01/01/2000 (1) The Commissioner shall, when directed to prepare a list under section 11, prepare a list containing- (Amended 54 of 1990 s. 10; 78 of 1999 s. 7) (a) the address and, where necessary, a description of every tenement valued; and (b) the rateable value of every such tenement. (Replaced 33 of 1981 s. 9) (2) A tenement, or part of a tenement, exempted from assessment to rates under section 36(1) shall not be included in any such list. (Amended 33 of 1981 s. 9) (3) (Repealed 54 of 1990 s. 10) (4) A list referred to in subsection (1) shall be in such form as the Commissioner may determine and may be prepared and maintained- (a) only in legible form; (b) only in non-legible form; or (c) partly in legible form and partly in non-legible form. (Replaced 22 of 1995 s. 5) RATING ORDINANCE - SECT 12 Preparation of lists of rateable values VerDate:30/06/1997 (1) The Commissioner shall, when directed to prepare a list under section 11, prepare, in respect of the Urban Council area or Regional Council area as designated in the direction, a list containing- (Amended 54 of 1990 s. 10) (a) the address and, where necessary, a description of every tenement valued; and (b) the rateable value of every such tenement. (Replaced 33 of 1981 s. 9) (2) A tenement, or part of a tenement, exempted from assessment to rates under section 36(1) shall not be included in any such list. (Amended 33 of 1981 s. 9) (3) (Repealed 54 of 1990 s. 10) (4) A list referred to in subsection (1) shall be in such form as the Commissioner may determine and may be prepared and maintained- (a) only in legible form; (b) only in non-legible form; or (c) partly in legible form and partly in non-legible form. (Replaced 22 of 1995 s. 5) RATING ORDINANCE - SECT 13 Verification of lists VerDate:30/06/1997 The Commissioner shall, when he has completed the preparation of a list under section 12, sign a declaration that, to the best of his knowledge and belief, the list contains a true account of the addresses, descriptions and rateable values of every tenement included therein. RATING ORDINANCE - SECT 14 Declared list to be valuation list VerDate:01/01/2000 A list declared under section 13, as amended from time to time, shall be the valuation list, for the year next following the date of the declaration and thereafter until a new valuation list comes into force. (Replaced 22 of 1995 s. 6. Amended 78 of 1999 s. 7) RATING ORDINANCE - SECT 14 Declared list to be valuation list VerDate:30/06/1997 A list declared under section 13, as amended from time to time, shall be the valuation list, for the Urban Council area or Regional Council area to which it relates, for the year next following the date of the declaration and thereafter until a new valuation list comes into force. (Replaced 22 of 1995 s. 6) RATING ORDINANCE - SECT 14A Form and proof of valuation list VerDate:30/06/1997 (1) Where a valuation list is maintained only in non-legible form or partly in legible form and partly in non-legible form- (Amended 22 of 1995 s. 7) (a) any alteration, amendment, correction, deletion or insertion required or permitted under this Ordinance in respect of the list may be made in non-legible form; and (b) the correct entry in respect of any tenement in the list shall be capable of being reproduced in legible form. (2) A document purporting to be a copy of or extract from a valuation list or any record of any alteration, amendment, correction, deletion or insertion in respect of such list and purporting to be certified by the Commissioner or any person authorized by him in that behalf shall be admissible in evidence in any proceedings under this Ordinance on its production without further proof, and- (Amended 22 of 1995 s. 7) (a) until the contrary is proved the court or tribunal before which such document is produced shall presume- (i) that the document is certified by the Commissioner or any person authorized by him in that behalf, as the case may be; and (Amended 22 of 1995 s. 7) (ii) that the document is a true copy of or extract from the list or record to which it refers; and (b) such document shall be prima facie evidence of all matters contained therein. (2A) The Commissioner shall, upon application by any person in such manner as he may specify and on payment of such sum as may from time to time be determined by the Financial Secretary and published in the Gazette provide information contained in a document referred to in subsection (2). (Added 22 of 1995 s. 7) (3) Nothing in subsection (2) shall prejudice the admissibility of any evidence which would be admissible apart from the provisions of that subsection. (Added 33 of 1981 s. 11) RATING ORDINANCE - SECT 15 Inspection of valuation lists and information thereon VerDate:30/06/1997 (1) The Commissioner shall make available for public inspection a copy of the valuation list declared under section 13 during normal office hours on every day (not being a public holiday) in the months of April and May of the year in which each such list first comes into force. (Amended 54 of 1990 s. 12; 22 of 1995 s. 8) (2) Prior notice of intention to make such valuation lists available for inspection, and of the place and time at which the lists may be inspected, shall be published in the Gazette, and in at least one newspaper in the English language and one in the Chinese language, published daily for circulation in Hong Kong. (3) Any person may, during the period referred to in subsection (1), take any extract from the copy of the valuation lists, which is made available for inspection. (4) The Commissioner shall, upon application by any person in such manner as he may specify and on payment of such sum as may from time to time be determined by the Financial Secretary and published in the Gazette, provide information contained in a valuation list in force on the address or description and the rateable value of any tenement. (Amended 22 of 1995 s. 33) (5) (Repealed 22 of 1995 s. 8) (Replaced 33 of 1981 s. 12) RATING ORDINANCE - SECT 16 Corrections VerDate:30/06/1997 (1) Subject to Part VI, Part IX and section 49, a valuation list in force shall not be altered except to correct- (a) a misdescription or clerical or arithmetical error; or (b) a misdescription resulting from a change of building number or street name notified in the Gazette or from the allocation of building numbers under section 32 of the Buildings Ordinance (Cap 123). (Amended 22 of 1995 s. 9) (2) The Commissioner shall, if he makes a correction under subsection (1)(a), serve on the owner or occupier of the tenement affected a notice in the specified form of the correction. (3) The Commissioner shall, if he makes a correction under subsection (1), cause the valuation list to be altered as may be necessary. (Replaced 22 of 1995 s. 9) (3A) An alteration under subsection (3) shall- (a) in the case of a correction under subsection (1)(a), be deemed to be effective from such date as shall be specified in a notice served under subsection (2) in respect of that correction; and (b) in the case of a correction under subsection (1)(b), be effective from the date that the alternation is made. (Added 22 of 1995 s. 9) (4) Where a correction is made under subsection (1)(a), no rates shall be recoverable by the Commissioner until a notice under subsection (2) is served. (Amended 54 of 1990 s. 13; 22 of 1995 s. 33) RATING ORDINANCE - SECT 16A Alterations on changes to corresponding entry in the Government Rent Roll VerDate:30/06/1997 The Commissioner may make an appropriate amendment to the valuation list where he has altered the entry of a corresponding tenement, which is not an identical tenement, in the Government Rent Roll as a result of a proposal, correction, objection or appeal under the Government Rent (Assessment and Collection ) Ordinance (Cap 515). (Added 53 of 1997 s. 50) RATING ORDINANCE - SECT 17 (Repealed) VerDate:30/06/1997 (Repealed 54 of 1990 s. 14) RATING ORDINANCE - SECT 18 Computation of rates payable VerDate:01/01/2000 PART V AMOUNT OF LIABILITY FOR AND PAYMENT OF RATES (1) Subject to this Ordinance, there shall be payable, with effect from 1 April in each year on the rateable value of every tenement included in a valuation list in force, rates which are to be computed on the basis of the percentage of the rateable value of the tenement concerned, prescribed for the purposes of this subsection. (Replaced 1 of 1986 s. 3) (2) In determining the rates payable under this section in respect of a tenement- (a) for which an unfiltered supply of fresh water is available from a Government water-main; or (b) for which no supply of fresh water is available from a Government water-main, the rates computed under subsection (1) in respect of such tenement shall be reduced by deducting from, the rates an amount equal to such percentage of the rates so computed as may be prescribed for the purposes of this subsection. (Replaced 9 of 1984 s. 5. Amended 1 of 1986 s. 3) (3) For the purposes of subsection (2), a supply of fresh or unfiltered water shall be deemed to be available to a tenement from a Government water-main, even if the tenement is not connected to a Government water-main, if the tenement is situated within 180 metres of a Government water-main which has been constructed for the purpose of supplying fresh water or unfiltered water directly to tenements. (Amended 33 of 1981 s. 15) (Replaced 1 of 1975 s. 4. Amended 78 of 1999 s. 7) RATING ORDINANCE - SECT 18 Computation of rates payable VerDate:30/06/1997 PART V AMOUNT OF LIABILITY FOR AND PAYMENT OF RATES (1) Subject to this Ordinance, there shall be payable, with effect from 1 April in each year, on the rateable value of- (a) every tenement in the Urban Council area and included in a valuation list in force, general rates and Urban Council rates; and (b) every tenement in the Regional Council area and included in a valuation list in force, general rates and Regional Council rates, which shall be computed in respect of the tenements concerned on the basis of such percentage of the rateable value of the tenements as may be prescribed for the purposes of this subsection and different percentages may be prescribed in respect of tenements in the Urban Council area and the Regional Council area. (Replaced 1 of 1986 s. 3) (2) In determining the rates payable under this section in respect of a tenement- (a) for which an unfiltered supply of fresh water is available from a Government water-main; or (b) for which no supply of fresh water is available from a Government water-main, the rates computed under subsection (1) in respect of such tenement shall be reduced by deducting from, in the case of a tenement in the Urban Council area, general rates and Urban Council rates and, in the case of a tenement in the Regional Council area, general rates and Regional Council rates an amount equal to such percentage of the rates so computed as may be prescribed for the purposes of this subsection. (Replaced 9 of 1984 s. 5. Amended 1 of 1986 s. 3) (3) For the purposes of subsection (2), a supply of fresh or unfiltered water shall be deemed to be available to a tenement from a Government water-main, even if the tenement is not connected to a Government water-main, if the tenement is situated within 180 metres of a Government water-main which has been constructed for the purpose of supplying fresh water or unfiltered water directly to tenements. (Amended 33 of 1981 s. 15) (Replaced 1 of 1975 s. 4) RATING ORDINANCE - SECT 19 Limitation on amount payable as rates VerDate:30/06/1997 (1) Notwithstanding any other provision in this Ordinance but subject to subsections (2), (3) and (4), the amount payable as rates in respect of any tenement in any prescribed year ("the relevant year") shall not exceed the aggregate of the following amounts- (a) the amount payable as rates in the preceding year having regard to any limitation applied by virtue of this section; (b) an amount equal to such percentage of the amount referred to in paragraph (a) as may be prescribed for the purposes of this subsection; (c) an amount carried forward under section 50A(1) (if any); and (d) where the amount payable as rates in respect of the tenement is increased in the relevant year on account of- (i) any structural alteration; or (ii) any change in the supply of fresh water from a Government water-main, the amount of the increase. (2) Where rates first become payable in relation to a prescribed year because of an interim valuation, this section shall not apply in relation to that year as regards the tenement concerned. (3) Where- (a) a tenement is exempted (whether before or after the commencement of this section) from the payment of rates, whether wholly or in part, as regards a particular year; or (b) subject to subsection (4), rates first became payable in respect of a tenement in a particular year by reason of an interim valuation, subsection (1) has effect in relation to the subsequent year as regards the tenement as if for paragraph (a) thereof there were substituted the following paragraph- "(a) the amount that would have been payable as rates in the preceding year had such rates fallen to be computed under section 18 in respect of the whole of that preceding year by reference to the rateable value of the tenement on 31 March in that preceding year and on the basis of such percentage in force on that date as may be prescribed for the purposes of section 18(1);" (4) Where- (a) a particular tenement ("the relevant tenement") is included in the valuation list for a particular year; (b) the relevant tenement was not separately included in the valuation list for the preceding year; and (c) the relevant tenement in that preceding year- (i) formed part of one or more tenements included in the valuation list for that preceding year; or (ii) was a combination of the whole and parts of one or more tenements included in the valuation list for that preceding year, the reference in subsection (1)(a) to the amount payable as rates in the preceding year shall, in respect of the relevant tenement, be construed as a reference to such amount as, in the opinion of the Commissioner, would have been payable as rates in respect of it in the preceding year had it been separately included in the valuation list for that preceding year, and to enable him to form such an opinion the Commissioner may apportion, amalgamate, or apportion and amalgamate, the respective rateable values of the tenements referred to in paragraph (c)(i) or (ii) as may be appropriate; and any decision of the Commissioner under this subsection shall be final. (5) A reference in this section to rates does not include a reference to any sum payable in addition to rates under section 22(2) or (2A). (Added 10 of 1991 s. 2) RATING ORDINANCE - SECT 20 (Repealed) VerDate:30/06/1997 (Repealed 1 of 1975 s. 4) RATING ORDINANCE - SECT 21 Liability for payment of rates VerDate:30/06/1997 (1) The owner and occupier of a tenement shall both be liable to the Commissioner for payment of the rates assessed thereon, but the same shall be deemed to be an occupier's rate and, in the absence of any agreement to the contrary, shall be paid by the occupier. (Amended 22 of 1995 s. 33) (2) Where no such agreement exists and the rates assessed, or any part thereof, are paid by the owner of the tenement, the amount paid may be recovered by him from the occupier in an action for money paid to his use, or, if the occupier is still in occupation of the tenement, by distress in the same manner as for rent. (3) Where such agreement to the contrary exists and the rates assessed, or any part thereof, are paid by the occupier of the tenement, the amount paid may be recovered by him from the owner in an action for money paid to his use. (4) Where, under section 10, 2 or more tenements are valued together as a single tenement, the rates assessed on the single tenement shall be paid- (a) by the occupier of the single tenement if he is the sole occupier thereof; or (b) by any one of the owners or occupiers of the tenement who may be required by the Commissioner to adjust their respective shares of payment of such rates amongst themselves. (Amended 22 of 1995 s. 33) (5) An owner or occupier of a tenement who is liable to pay rates in accordance with subsection (4) may apply to the Commissioner for an apportionment of the rateable value applicable to the separate tenements. (6) On receipt of an application under subsection (5) the Commissioner may apportion the rateable value. (7) After making the apportionment the Commissioner shall, within a reasonable time, give notice of the apportionment in the specified form to the owner or occupier who made such application. (8) Notwithstanding an apportionment of rateable value under subsection (6), the rates assessed on the single tenement may continue to be payable in accordance with subsection (4). RATING ORDINANCE - SECT 22 Payment and recovery of rates VerDate:30/06/1997 (1) Subject to this Ordinance, rates shall be payable- (a) quarterly in advance to the Commissioner in the first month of each quarter; or (b) at such other frequency as the Commissioner may determine, and the date on or before which, the place at which and the manner in which, a payment is to be made may be notified by the Commissioner- (i) quarterly in the Gazette; (ii) at such other frequency in the Gazette as the Commissioner may determine; or (iii) by the issue of a demand therefor, made in writing by the Commissioner. (Replaced 22 of 1995 s. 10) (2) Any rates not paid in accordance with a notification under subsection (1) shall be deemed to be in default and the Commissioner may order that not more than 5 per cent of the amount in default shall be added to the rates and recovered therewith. (Amended 22 of 1995 s. 33) (2A) Where on the expiry of a period of 6 months from the date when any rates were deemed to be in default, whether such date was before or after 1 August 1984, there remains unpaid any amount of the aggregate of- (a) the rates deemed to be in default; and (b) any sum added thereto under subsection (2), the Commissioner may order that a sum or sums not exceeding 10 per cent in all of the unpaid amount shall be added to the unpaid amount and recovered therewith. (Replaced 53 of 1984 s. 2. Amended 22 of 1995 s. 33) (3) Any rates in default, and any sum payable in addition to rates under subsection (2) or (2A), shall be recoverable as a debt due to the Government. (Amended 34 of 1974 s. 2; 53 of 1984 s. 2; 22 of 1995 s. 34) (3A) In proceedings under this section for the recovery of rates in default or any sum payable in addition to rates under subsection (2) or (2A) the court shall not entertain any plea that the rates assessed are excessive, incorrect, subject to a proposal or an objection, or under appeal. (Added 54 of 1990 s. 15) (4) Any amount charged by the Commissioner prior to 1 August 1984 in the purported exercise of his powers under subsection (2A) by way of surcharge upon the unpaid amount of any sum added to rates under subsection (2) shall, notwithstanding that the rates were not in default at the time of making such charge, be deemed to have been validly charged and to be recoverable as if the rates had been in default at the time of making such charge. (Added 53 of 1984 s. 2. Amended 22 of 1995 s. 33) (5) (a) Subject to paragraph (b), the Commissioner may demand any of the rates payable in respect of a tenement under the demand note to be issued in respect of any of the Government rent payable in respect of that tenement. (b) Where under paragraph (a) any of the rates and the Government rent payable in respect of a tenement are demanded under the same demand note, there shall be set out in the demand note the respective amounts payable as the rates and as the Government rent in respect of that tenement. (Added 53 of 1997 s. 51) (6) (a) If the amount received by the Commissioner in respect of a demand note under which any of the rates and the Government rent payable in respect of a tenement are demanded is more than or less than the aggregate amount of the rates and the Government rent so payable, he may in his discretion apportion the amount so received, subject to any specific instructions from the payer. (b) The acceptance or receipt of payment of any part of the amount of the rates demanded under a demand note shall not be a waiver by the Commissioner for the part not paid. (Added 53 of 1997 s. 51) RATING ORDINANCE - SECT 23 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 RATING ORDINANCE - SECT 23 Payment of rates to the Urban and Regional Councils VerDate:30/06/1997 (1) Before the end of the first month of each quarter the Commissioner shall pay- (Amended 22 of 1995 s. 33) (a) to the Urban Council such proportion of the net rates collected by him in respect of tenements in the Urban Council area during the previous quarter as the percentage of the rateable value prescribed under section 18 for Urban Council rates bears to the aggregate of that percentage and the percentage of the rateable value so prescribed for general rates in relation to the Urban Council area at the time of that collection; (b) to the Regional Council such proportion of the net rates collected by him in respect of tenements in the Regional Council area during the previous quarter as the percentage of the rateable value prescribed under section 18 for Regional Council rates bears to the aggregate of that percentage and the percentage of the rateable value so prescribed for general rates in relation to the Regional Council area at the time of that collection; and (c) to general revenue all net rates collected by him during the previous quarter and not paid to the Urban Council or the Regional Council under this subsection. (2) In this section "net rates" (差餉淨額), in relation to any quarter in which they are collected, means- (a) rates lawfully collected during that quarter less any refund of rates made during that quarter under section 30, 31, 35 or 44; and (b) any sum in addition to rates collected during that quarter under section 22(2) or (2A) or 29(3). (Replaced 1 of 1986 s. 5) (2) In this section "net rates" (差餉淨額), in relation to any quarter in which they are collected, means- (a) rates lawfully collected during that quarter less any refund of rates made during that quarter under section 30, 31, 35 or 44; and (b) any sum in addition to rates collected during that quarter under section 22(2) or (2A) or 29(3). RATING ORDINANCE - SECT 24 Deletions VerDate:30/06/1997 PART VI DELETIONS AND INTERIM VALUATIONS The Commissioner may at any time delete from a valuation list any tenement- (a) if there has been any structural alteration thereto; (b) if the tenement comprises 2 or more tenements that- (i) were previously valued together as a single tenement; and (ii) in the opinion of the Commissioner should be valued as separate tenements; (Replaced 33 of 1981 s. 16) (c) if the tenement- (i) was previously valued as a separate tenement; and (ii) in the opinion of the Commissioner should be valued together with another tenement as a single tenement in accordance with section 10; or (Replaced 33 of 1981 s. 16) (d) if the tenement or part thereof ceases to be liable for assessment to rates. (Added 33 of 1981 s. 16) RATING ORDINANCE - SECT 25 Interim valuations VerDate:30/06/1997 The Commissioner may at any time make an interim valuation of a tenement which is not included in a valuation list and is liable for assessment to rates. (Amended 33 of 1981 s. 17) RATING ORDINANCE - SECT 26 Notification of deletions and interim valuations VerDate:30/06/1997 (1) The Commissioner shall, if he proposes to make a deletion or an interim valuation, serve notice thereof in the specified form on the owner or occupier of the tenement concerned and shall cause the valuation list to be amended as may be necessary. (Amended 22 of 1995 s. 11) (1A) For the purposes of the service of a notice of an interim valuation under subsection (1), the expression "owner or occupier" (擁有人或佔用 人) means the owner or occupier at the time that the Commissioner serves notice of an interim valuation under that subsection. (Added 22 of 1995 s. 11) (2) An amendment under subsection (1) shall be deemed to be effective from such date as shall be specified in a notice served under that subsection. (Replaced 22 of 1995 s. 11) (3) (Repealed 22 of 1995 s. 11) (4) In the case of an interim valuation, no rates shall be recoverable by the Commissioner in respect of the tenement concerned until a notice under subsection (1) has been served. (Amended 54 of 1990 s. 16; 22 of 1995 s. 33) "owner or occupier" (擁有人或佔用人) RATING ORDINANCE - SECT 27 Effective date of deletion VerDate:30/06/1997 When there has been a deletion, the date from which rates shall cease to be chargeable shall be the day on which notice of that deletion could have first been served under section 26(1) had the Commissioner proposed so to do, or on such other date as the Commissioner may determine. (Amended 45 of 1979 s. 3; 22 of 1995 s. 12) RATING ORDINANCE - SECT 28 Effective date of interim valuations VerDate:30/06/1997 (1) Subject to section 49, an interim valuation in respect of a tenement shall become effective on a date (the "effective date") being or to be- (a) in the case of a tenement where the effective date is to be determined in accordance with regulations made under section 53 for the purposes of this section, a date that is so determined; (b) in the case of any other tenement, the date on which the tenement was first occupied; or (c) such other date as the Commissioner may, in any particular case, determine. (2) Without affecting the generality of subsection (1)(a), any regulation made under section 53 for the purposes of this section may provide for- (a) the application of any such regulation to any class or description of tenement; (b) the calculation of the effective date for any class or description of tenement; (c) the calculation of the effective date by reference to any other date howsoever calculated or to any document, event or thing; (d) the circumstances under which an interim valuation shall or shall not take effect; and (e) such consequential, incidental, supplemental or transitional matters as may be necessary or expedient. (Replaced 22 of 1995 s. 13) RATING ORDINANCE - SECT 29 Payment of rates under an interim valuation VerDate:30/06/1997 (1) Any rates due on an interim valuation shall be payable from- (Amended 54 of 1990 s. 17) (a) the date when the valuation became effective; or (b) 24 months before the date of the issue of the first demand therefor, made in writing by the Commissioner on the person liable for payment thereof, (Amended 22 of 1995 s. 33) whichever is the later. (Amended 33 of 1981 s. 19) (1A) (Repealed 54 of 1990 s. 17) (2) Such rates shall- (a) be payable on a date specified in the demand note by the Commissioner, which shall not be less than 28 days after the date of issue of the demand note; (Amended 22 of 1995 s. 33) (b) include rates for the remainder (if any) of the period of the year in which the demand is made; and (Amended 22 of 1995 s. 14) (c) be payable thereafter in accordance with section 22. (3) Section 22(2), (2A), (3) and (3A) shall apply in respect of any rates not paid in accordance with this section. (Amended 34 of 1974 s. 3; 54 of 1990 s. 17) (4) Where the Commissioner has made an interim valuation in respect of a tenement, he may demand any of the rates payable in respect of that tenement in the manner specified in section 22(5), and section 22(6) shall apply accordingly. (Added 53 of 1997 s. 52) RATING ORDINANCE - SECT 30 Refunds in respect of unoccupied land VerDate:30/06/1997 PART VII REFUND OF RATES (1) (Repealed 22 of 1995 s. 15) (1A) (Repealed 22 of 1995 s. 15) (2) (Repealed 22 of 1995 s. 15) (2A) (Repealed 22 of 1995 s. 15) (2B) Subject to subsection (2C), if a tenement not being a building or part thereof and not comprising a structure or part thereof, other than a structure used solely for the purpose of providing shelter for a watchman is unoccupied for any period for which rates have been paid, a refund of the amount payable for that period may be recovered in the manner provided in this section. (Added 22 of 1995 s. 15) (2C) Subsection (2B) shall not apply to any tenement, or any tenement comprising a number of tenements valued together under section 10 as a single tenement, which is unoccupied if- (a) the use to which the tenement was last put before becoming unoccupied was wholly or primarily for the parking of motor vehicles; or (b) the tenement is intended to be used wholly or primarily for the parking of motor vehicles. (Added 22 of 1995 s. 15) (3) If rates are payable- (a) under section 22, the owner or occupier of the tenement shall serve notice in writing on the Commissioner within 15 days after the beginning of the period during which the tenement was unoccupied and for which he intends to claim a refund, or such longer period as the Commissioner may determine; (b) under section 29(2), the owner or occupier of the tenement shall serve notice in writing on the Commissioner not later than the last day on which the rates are payable, of the period during which the tenement was unoccupied and for which he intends to claim a refund. (Amended L.N. 419 of 1987; 22 of 1995 s. 15) (4) A person claiming the refund may, not later than 24 months after the last day on which rates were payable, apply to the Commissioner in the specified form for a refund. (Replaced 33 of 1981 s. 20. Amended 54 of 1990 s. 18; 22 of 1995 s. 33) (4A) (Repealed 54 of 1990 s. 18) (5) Where rates have been paid for any period and the Commissioner is satisfied that the tenement was unoccupied for that period, the rates shall be refundable in accordance with this section. (Replaced 22 of 1995 s. 15) (6) A refund may be made under this section only if- (a) the whole of a tenement valued as a single tenement has been unoccupied; and (b) the claimant has complied with the requirements of subsections (3) and (4). (7) In this section, "the amount payable" (須繳款額)- (a) does not include any sum payable in addition to rates under section 22(2) or (2A) or section 29; and (b) is calculated without regard to anything done under section 50A. (Added 11 of 1987 s. 9) "the amount payable" (須繳款額) RATING ORDINANCE - SECT 31 Refund of overpayments VerDate:30/06/1997 The Commissioner shall refund any amount paid in respect of rates (including any sum paid in addition to rates under section 22(2) or (2A) or section 29), if it is not recoverable apart from this section, and he is satisfied that- (Amended 53 of 1984 s. 3; 22 of 1995 s. 33) (a) the rates were charged otherwise than in accordance with the valuation list; (b) the tenement was exempted during any period; (ba) the tenement has become unoccupied or incapable of occupation, as a result of any order made by a court on the application of the Government; (Added 22 of 1995 s. 16) (c) rates were paid in respect of a period subsequent to the effective date of deletion of a tenement; or (d) the person who made a payment in respect of rates was not liable to make that payment. [cf. 1967 c. 9 s. 9 U.K.] RATING ORDINANCE - SECT 32 Executor, trustee, receiver of claimant VerDate:30/06/1997 (1) An executor, trustee or receiver shall have the same right to make a claim under this Part as the person whom he represents would have had if such person had not been prevented from making such claim by his death, incapacity, bankruptcy or liquidation and shall be entitled to have refunded to him for the benefit of such person, or the latter's estate, any rates paid and refundable in accordance with section 30 or 31. (2) Where a tenement has been assessed to rates in the name of, and rates have been paid by, an agent, either the agent or his principal (but not both) may claim under this Part a refund of rates in accordance with section 30 or 31 ; and if a refund is made to the agent, his receipt shall be a valid discharge for the amount so refunded. RATING ORDINANCE - SECT 33 Appeal against refusal to refund VerDate:30/06/1997 Any person who is aggrieved by a refusal by the Commissioner to refund rates may appeal against such refusal to the District Court, which may adjudicate upon the appeal, notwithstanding that the amount of refund claimed exceeds the sum mentioned in section 33 of the District Court Ordinance (Cap 336). (Amended 68 of 1973 s. 5; 1 of 1975 s. 5; 79 of 1981 s. 3; 22 of 1995 s. 33) RATING ORDINANCE - SECT 34 (Repealed) VerDate:30/06/1997 (Repealed 11 of 1987 s. 10) RATING ORDINANCE - SECT 35 Additional power to grant refunds VerDate:01/07/1997 Adaptation amendments retroactively made - see 12 of 1999 s. 3 Notwithstanding anything in this Ordinance, the Chief Executive may order a refund to be made of any amount paid in respect of rates, including any sum paid in addition to rates under section 22(2) or (2A) or section 29. (Amended 53 of 1984 s. 3; 12 of 1999 s. 3) RATING ORDINANCE - SECT 35 Additional power to grant refunds VerDate:30/06/1997 Notwithstanding anything in this Ordinance, the Governor may order a refund to be made of any amount paid in respect of rates, including any sum paid in addition to rates under section 22(2) or (2A) or section 29. (Amended 53 of 1984 s. 3) RATING ORDINANCE - SECT 36 Exemption of certain tenements from assessment VerDate:01/01/2000 PART VIII EXEMPTIONS (Replaced 33 of 1981 s. 21) (1) The following tenements, or parts thereof, shall be exempt from assessment to rates- (a) agricultural land, and any building, other than a dwelling house, thereon used wholly or mainly in connection with such land, but not land which is part of an ornamental park, garden or pleasure ground or which is used wholly or mainly for the purpose of sport or recreation; (b) any dwelling house in the New Territories (except New Kowloon) which- (i) is occupied in connection with agricultural land; and (ii) is used as the dwelling house of any person engaged wholly or mainly in carrying on or directing agricultural operations on that land or employed as an agricultural worker thereon; [cf. 1967 c. 9 s. 26 U.K.] (c) any village house within such areas of the New Territories as may be designated by the Chief Executive for the purposes of this paragraph, being- (Amended 12 of 1999 s. 3) (i) a building to which paragraph (a) or (b) of regulation 3(2) of the *Buildings Ordinance (Application to the New Territories) Regulations (Cap 322 sub. leg. 1984 Ed.), or any regulations replaced thereby, applied immediately before the coming into operation of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121); (Amended 60 of 1987 s. 14) (ii) a dwelling house, built before 16 August 1945, of a type which was normally built for New Territories residents; or (Amended 60 of 1987 s. 14) (iii) a building in respect of which a certificate of exemption in respect of building works has been issued under section 4 or 5(a), (b) or (d) of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121); (Added 60 of 1987 s. 14) (d) those built for the purpose of public religious worship and used wholly or mainly for such purpose; (Replaced 33 of 1981 s. 22) (e) any cemetery or crematorium within the meaning of section 2 of the Public Health and Municipal Services Ordinance (Cap 132); (Amended 10 of 1986 s. 32(1)) (f) those owned and occupied for public purposes by the Government, The Legislative Council Commission or the Financial Secretary Incorporated; (Replaced 33 of 1981 s. 22. Amended L.N. 235 of 1985; 1 of 1986 s. 7; 22 of 1995 s. 17; 78 of 1999 s. 7) (g) those owned by the Government or the Financial Secretary Incorporated (except as a mortgagee) and occupied or to be occupied as dwellings by public officers- (i) by virtue of their employment; or (ii) with the consent of the Government or the Financial Secretary Incorporated, solely for the term of their employment and otherwise than pursuant to a scheme or arrangement whereby any right or interest in the tenements is or may be acquired by them or by any other person; (Replaced 33 of 1981 s. 22. Amended L.N. 235 of 1985) (h) those owned by the Hong Kong Housing Authority and occupied for public purposes by the Government; (Added 33 of 1981 s. 22) (i) military land; (Added 33 of 1981 s. 22) (j) those made available by the Government within resited villages in exchange for land resumed by the Government to the former owners of such land, other than those deemed to be separate tenements for rating purposes under section 9; (Added 33 of 1981 s. 22) (k) those occupied primarily for domestic purposes in cottage areas or temporary housing areas; and (Added 33 of 1981 s. 22) (l) those in respect of which the estimated rateable value would not exceed the prescribed amount. (Added 33 of 1981 s. 22. Amended 9 of 1984 s. 7) (Replaced 82 of 1975 s. 3) #(2) The Chief Executive in Council may, by order, declare any class of tenements, or parts thereof, or any part of Hong Kong to be exempted from the payment of rates wholly or in part. (Replaced 33 of 1981 s. 22. Amended 54 of 1990 s. 19; 22 of 1995 s. 17; 12 of 1999 s. 3; 78 of 1999 s. 7) (3) The Chief Executive may exempt any tenement, or part of any tenement, from the payment of rates, wholly or in part. (Replaced 33 of 1981 s. 22. Amended 22 of 1995 s. 17; 12 of 1999 s. 3) (3A) The Commissioner may, for the purposes of subsections (1) to (3), ascertain the rateable value of any tenement, or part of any tenement. (Added 22 of 1995 s. 17. Amended 78 of 1999 s. 7) (4) In this section- "agricultural land" (農地) means land used as farm land, a fish pond, a market garden, a nursery ground, an orchard or for animal husbandry; (Amended 11 of 1987 s. 11) "building" (建築物) includes any structure; (Added 11 of 1987 s. 11) "cottage areas" (平房區) and "temporary housing areas" (臨時房屋區) mean such areas managed by the Hong Kong Housing Authority as may be designated by the Chief Executive as cottage areas or temporary housing areas for the purposes of subsection (1)(k); (Amended 12 of 1999 s. 3) "military land" (軍事用地) means any land and any building thereon occupied by Her Majesty's forces, or by any body or organization established primarily for defence purposes and designated by the Governor for the purposes of this section, but not any land or building thereon rented for public purposes by any such force, body or organization unless such land or building is rented directly from the Government; "New Territories resident" (新界居民) means any person descended through the male line from a person who was in 1898 a resident of a village or town certified by the Secretary for Home Affairs for the purposes of this section as an established village or town in the New Territories (except New Kowloon); (Amended L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989) "resited villages" (重建村落) means such areas in the New Territories as may be designated by the Chief Executive as resited villages for the purposes of subsection (1)(j). (Replaced 33 of 1981 s. 22. Amended 12 of 1999 s. 3) ___________________________________________________________________ Note: * Repealed by s. 12(2) of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121). # 1. The Rating (Exemption) Order 2003 (L.N. 132 of 2003) declares that domestic and non-domestic tenements are exempted from the payment of rates in respect of the period from 1 July 2003 to 30 September 2003, subject to a maximum amount. 2. The Rating (Exemption) Order 2007 (L.N. 33 of 2007) declares that all tenements are exempted from the payment of rates in respect of the period from 1 April 2007 to 30 September 2007, subject to a maximum amount. 3. The Rating (Exemption) (No. 2) Order 2007 (L.N. 221 of 2007) declares that all tenements are exempted from the payment of rates in respect of the period from 1 January 2008 to 31 March 2008, subject to a maximum amount. 4. The Rating (Exemption) Order 2008 (L.N. 34 of 2008) declares that all tenements are exempted from the payment of rates in respect of the period from 1 April 2008 to 31 March 2009, subject to a maximum amount . "agricultural land" (農地) "building" (建築物) "cottage areas" (平房區) "temporary housing areas" (臨時房屋區) "military land" (軍事用地) "New Territories resident" (新界居民) "resited villages" (重建村落) RATING ORDINANCE - SECT 36 Exemption of certain tenements from assessment VerDate:01/07/1997 Adaptation amendments retroactively made - see 12 of 1999 s. 3 PART VIII EXEMPTIONS (Replaced 33 of 1981 s. 21) (1) The following tenements, or parts thereof, shall be exempt from assessment to rates- (a) agricultural land, and any building, other than a dwelling house, thereon used wholly or mainly in connection with such land, but not land which is part of an ornamental park, garden or pleasure ground or which is used wholly or mainly for the purpose of sport or recreation; (b) any dwelling house in the New Territories (except New Kowloon) which- (i) is occupied in connection with agricultural land; and (ii) is used as the dwelling house of any person engaged wholly or mainly in carrying on or directing agricultural operations on that land or employed as an agricultural worker thereon; [cf. 1967 c. 9 s. 26 U.K.] (c) any village house within such areas of the New Territories as may be designated by the Chief Executive for the purposes of this paragraph, being- (Amended 12 of 1999 s. 3) (i) a building to which paragraph (a) or (b) of regulation 3(2) of the *Buildings Ordinance (Application to the New Territories) Regulations (Cap 322 sub. leg. 1984 Ed.), or any regulations replaced thereby, applied immediately before the coming into operation of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121); (Amended 60 of 1987 s. 14) (ii) a dwelling house, built before 16 August 1945, of a type which was normally built for New Territories residents; or (Amended 60 of 1987 s. 14) (iii) a building in respect of which a certificate of exemption in respect of building works has been issued under section 4 or 5(a), (b) or (d) of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121); (Added 60 of 1987 s. 14) (d) those built for the purpose of public religious worship and used wholly or mainly for such purpose; (Replaced 33 of 1981 s. 22) (e) any cemetery or crematorium within the meaning of section 2 of the Public Health and Municipal Services Ordinance (Cap 132); (Amended 10 of 1986 s. 32(1)) (f) those owned and occupied for public purposes by the Government, The Legislative Council Commission, the Urban Council, the Regional Council or the Financial Secretary Incorporated; (Replaced 33 of 1981 s. 22. Amended L.N. 235 of 1985; 1 of 1986 s. 7; 22 of 1995 s. 17) (g) those owned by the Government or the Financial Secretary Incorporated (except as a mortgagee) and occupied or to be occupied as dwellings by public officers- (i) by virtue of their employment; or (ii) with the consent of the Government or the Financial Secretary Incorporated, solely for the term of their employment and otherwise than pursuant to a scheme or arrangement whereby any right or interest in the tenements is or may be acquired by them or by any other person; (Replaced 33 of 1981 s. 22. Amended L.N. 235 of 1985) (h) those owned by the Hong Kong Housing Authority and occupied for public purposes by the Government; (Added 33 of 1981 s. 22) (i) military land; (Added 33 of 1981 s. 22) (j) those made available by the Government within resited villages in exchange for land resumed by the Government to the former owners of such land, other than those deemed to be separate tenements for rating purposes under section 9; (Added 33 of 1981 s. 22) (k) those occupied primarily for domestic purposes in cottage areas or temporary housing areas; and (Added 33 of 1981 s. 22) (l) those in respect of which the estimated rateable value would not exceed the prescribed amount. (Added 33 of 1981 s. 22. Amended 9 of 1984 s. 7) (Replaced 82 of 1975 s. 3) (2) The Chief Executive in Council may, by order, declare any class of tenements, or parts thereof, or any part of the Urban Council area or Regional Council area to be exempted from the payment of rates wholly or in part. (Replaced 33 of 1981 s. 22. Amended 54 of 1990 s. 19; 22 of 1995 s. 17; 12 of 1999 s. 3) (3) The Chief Executive may exempt any tenement, or part of any tenement, from the payment of rates, wholly or in part. (Replaced 33 of 1981 s. 22. Amended 22 of 1995 s. 17; 12 of 1999 s. 3) (3A) The Commissioner may, for the purposes of subsections (1) to (3), ascertain the rateable value of any tenement, or part of any tenement in the Urban Council area or Regional Council area. (Added 22 of 1995 s. 17) (4) In this section- "agricultural land" (農地) means land used as farm land, a fish pond, a market garden, a nursery ground, an orchard or for animal husbandry; (Amended 11 of 1987 s. 11) "building" (建築物) includes any structure; (Added 11 of 1987 s. 11) "cottage areas" (平房區) and "temporary housing areas" (臨時房屋區) mean such areas managed by the Hong Kong Housing Authority as may be designated by the Chief Executive as cottage areas or temporary housing areas for the purposes of subsection (1)(k); (Amended 12 of 1999 s. 3) "military land" (軍事用地) means any land and any building thereon occupied by Her Majesty's forces, or by any body or organization established primarily for defence purposes and designated by the Governor for the purposes of this section, but not any land or building thereon rented for public purposes by any such force, body or organization unless such land or building is rented directly from the Government; "New Territories resident" (新界居民) means any person descended through the male line from a person who was in 1898 a resident of a village or town certified by the Secretary for Home Affairs for the purposes of this section as an established village or town in the New Territories (except New Kowloon); (Amended L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989) "resited villages" (重建村落) means such areas in the New Territories as may be designated by the Chief Executive as resited villages for the purposes of subsection (1)(j). (Replaced 33 of 1981 s. 22. Amended 12 of 1999 s. 3) --------------------------------------------------------------------------- ------------------------------------- * Repealed by s. 12(2) of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121). "agricultural land" (農地) "building" (建築物) "cottage areas" (平房區) "temporary housing areas" (臨時房屋區) "military land" (軍事用地) "New Territories resident" (新界居民) "resited villages" (重建村落) RATING ORDINANCE - SECT 36 Exemption of certain tenements from assessment VerDate:30/06/1997 PART VIII EXEMPTIONS (Replaced 33 of 1981 s. 21) (1) The following tenements, or parts thereof, shall be exempt from assessment to rates- (a) agricultural land, and any building, other than a dwelling house, thereon used wholly or mainly in connection with such land, but not land which is part of an ornamental park, garden or pleasure ground or which is used wholly or mainly for the purpose of sport or recreation; (b) any dwelling house in the New Territories (except New Kowloon) which- (i) is occupied in connection with agricultural land; and (ii) is used as the dwelling house of any person engaged wholly or mainly in carrying on or directing agricultural operations on that land or employed as an agricultural worker thereon; [cf. 1967 c. 9 s. 26 U.K.] (c) any village house within such areas of the New Territories as may be designated by the Governor for the purposes of this paragraph, being- (i) a building to which paragraph (a) or (b) of regulation 3(2) of the *Buildings Ordinance (Application to the New Territories) Regulations (Cap 322 sub. leg. 1984 Ed.), or any regulations replaced thereby, applied immediately before the coming into operation of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121); (Amended 60 of 1987 s. 14) (ii) a dwelling house, built before 16 August 1945, of a type which was normally built for New Territories residents; or (Amended 60 of 1987 s. 14) (iii) a building in respect of which a certificate of exemption in respect of building works has been issued under section 4 or 5(a), (b) or (d) of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121); (Added 60 of 1987 s. 14) (d) those built for the purpose of public religious worship and used wholly or mainly for such purpose; (Replaced 33 of 1981 s. 22) (e) any cemetery or crematorium within the meaning of section 2 of the Public Health and Municipal Services Ordinance (Cap 132); (Amended 10 of 1986 s. 32(1)) (f) those owned and occupied for public purposes by the Government, The Legislative Council Commission, the Urban Council, the Regional Council or the Financial Secretary Incorporated; (Replaced 33 of 1981 s. 22. Amended L.N. 235 of 1985; 1 of 1986 s. 7; 22 of 1995 s. 17) (g) those owned by the Government or the Financial Secretary Incorporated (except as a mortgagee) and occupied or to be occupied as dwellings by public officers- (i) by virtue of their employment; or (ii) with the consent of the Government or the Financial Secretary Incorporated, solely for the term of their employment and otherwise than pursuant to a scheme or arrangement whereby any right or interest in the tenements is or may be acquired by them or by any other person; (Replaced 33 of 1981 s. 22. Amended L.N. 235 of 1985) (h) those owned by the Hong Kong Housing Authority and occupied for public purposes by the Government; (Added 33 of 1981 s. 22) (i) military land; (Added 33 of 1981 s. 22) (j) those made available by the Government within resited villages in exchange for land resumed by the Government to the former owners of such land, other than those deemed to be separate tenements for rating purposes under section 9; (Added 33 of 1981 s. 22) (k) those occupied primarily for domestic purposes in cottage areas or temporary housing areas; and (Added 33 of 1981 s. 22) (l) those in respect of which the estimated rateable value would not exceed the prescribed amount. (Added 33 of 1981 s. 22. Amended 9 of 1984 s. 7) (Replaced 82 of 1975 s. 3) (2) The Governor in Council may, by order, declare any class of tenements, or parts thereof, or any part of the Urban Council area or Regional Council area to be exempted from the payment of rates wholly or in part. (Replaced 33 of 1981 s. 22. Amended 54 of 1990 s. 19; 22 of 1995 s. 17) (3) The Governor may exempt any tenement, or part of any tenement, from the payment of rates, wholly or in part. (Replaced 33 of 1981 s. 22. Amended 22 of 1995 s. 17) (3A) The Commissioner may, for the purposes of subsections (1) to (3), ascertain the rateable value of any tenement, or part of any tenement in the Urban Council area or Regional Council area. (Added 22 of 1995 s. 17) (4) In this section- "agricultural land" (農地) means land used as farm land, a fish pond, a market garden, a nursery ground, an orchard or for animal husbandry; (Amended 11 of 1987 s. 11) "building" (建築物) includes any structure; (Added 11 of 1987 s. 11) "cottage areas" (平房區) and "temporary housing areas" (臨時房屋區) mean such areas managed by the Hong Kong Housing Authority as may be designated by the Governor as cottage areas or temporary housing areas for the purposes of subsection (1)(k); "military land" (軍事用地) means any land and any building thereon occupied by Her Majesty's forces, or by any body or organization established primarily for defence purposes and designated by the Governor for the purposes of this section, but not any land or building thereon rented for public purposes by any such force, body or organization unless such land or building is rented directly from the Government; "New Territories resident" (新界居民) means any person descended through the male line from a person who was in 1898 a resident of a village or town certified by the Secretary for Home Affairs for the purposes of this section as an established village or town in the New Territories (except New Kowloon); (Amended L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989) "resited villages" (重建村落) means such areas in the New Territories as may be designated by the Governor as resited villages for the purposes of subsection (1)(j). (Replaced 33 of 1981 s. 22) --------------------------------------------------------------------------- --------------------------------------- * Repealed by s. 12(2) of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121). "agricultural land" (農地); "building" (建築物); "cottage areas" (平房區) and "temporary housing areas" (臨時房屋區); "military land" (軍事用地); "New Territories resident" (新界居民); "resited villages" (重建村落). RATING ORDINANCE - SECT 37 Proposal for alteration of valuation list VerDate:30/06/1997 PART IX PROPOSALS, OBJECTIONS AND APPEALS (1) Any person who is aggrieved on any of the following grounds- (a) that a tenement for which he is liable to pay rates has been valued above its proper rateable value; (b) that a tenement included in a valuation list ought to be omitted therefrom; (c) that a tenement which ought to be included in a valuation list has been omitted therefrom; or (d) that a tenement included in a valuation list has been valued below its proper rateable value, (Amended 33 of 1981 s. 23) may, within the months of April and May in any year, serve a proposal in the specified form on the Commissioner for the alteration of the valuation list from the commencement of that year so far as it relates to that tenement. (Amended 33 of 1981 s. 23; 1 of 1986 s. 8; 54 of 1990 s. 20) (1A) Notwithstanding subsection (1), in any year that a list is declared under section 13, the Commissioner may accept service on him of a proposal under subsection (1), after a list is so declared and before 1 June next following, for the alteration of the valuation list from the commencement of the year next following the date of that declaration. (Added 22 of 1995 s. 18) (2) A proposal under this section shall specify the grounds for the proposed alteration. (3) If the person serving the proposal is neither the owner nor the occupier of the tenement referred to in the proposal, he shall, within the period for serving the proposal referred to in subsection (1), serve copies of the proposal on the owner and occupier of the tenement, and notify the Commissioner of such service. (Amended 33 of 1981 s. 23) (4) Within 14 days of service on him of a copy of a proposal under subsection (3), the owner or occupier of the tenement referred to in the proposal may send his comments thereon to the Commissioner and the person serving the proposal. (5) A person serving a proposal under this section may withdraw the proposal, at any time before a notice of decision in respect of the proposal is served upon him under section 39, by serving a notice of withdrawal on the Commissioner and on any person served with a copy of the proposal under subsection (3). (Added 33 of 1981 s. 23) [cf. 1967 c. 9 s. 69 U.K.] RATING ORDINANCE - SECT 38 Agreed alterations VerDate:30/06/1997 (1) Where a proposal is served under section 37, the Commissioner, the person making the proposal and any person served with a copy of the proposal under section 37(3) may agree on an alteration to the valuation list (whether the alteration is that specified in the proposal or another alteration) in relation to the tenement concerned. (2) Where an alteration is agreed under subsection (1) the Commissioner, the person making the proposal and any other person on whom a copy of the proposal has been served shall sign an agreement in the specified form. (3) An agreement referred to in subsection (2) may be signed on behalf of the Commissioner by an officer of the Rating and Valuation Department not below the rank of Valuation Surveyor. (Amended 1 of 1986 s. 9; L.N. 95 of 1989) (4) Where an agreement has been signed under subsection (2), the Commissioner shall cause the valuation list to be altered accordingly. (Amended 22 of 1995 s. 19) RATING ORDINANCE - SECT 39 Alterations to valuation lists not by agreement VerDate:01/07/1997 Adaptation amendments retroactively made - see 12 of 1999 s. 3 (1) Subject to this section, where a person has served a proposal under section 37 and no agreement has been signed under section 38, the Commissioner shall- (a) in the case of a proposal served before 1 June of the year in which a new valuation list to which it relates comes into force, before 1 December immediately following the making of the proposal; or (Replaced 22 of 1995 s. 20) (b) in any other case, before 1 September immediately following the making of the proposal, (Amended 54 of 1990 s. 21) or within such other time as the Chief Executive may, in either case, direct, serve on the person who made the proposal a notice of decision in the specified form. (Amended 12 of 1999 s. 3) (2) A notice of decision under subsection (1) shall specify- (a) that no alteration is to be made to the valuation list; or (b) what alteration (whether that specified in the proposal or another alteration) is to be made to the valuation list. (3) (Repealed 22 of 1995 s. 20) (4) Where section 37(3) applies, no notice of decision may be served under this section until 14 days have elapsed from the date of the service of the copies of the proposal on the owner and occupier; and the Commissioner shall cause copies of the notice of decision to be served on the owner and occupier. (5) No notice of decision shall be served under this section where a notice of withdrawal has been served on the Commissioner under section 37(5). (6) Where a notice of decision to which subsection (2)(b) relates is served under this section, the Commissioner shall cause the valuation list to be altered accordingly. (Amended 22 of 1995 s. 20) (Replaced 33 of 1981 s. 24) RATING ORDINANCE - SECT 39 Alterations to valuation lists not by agreement VerDate:30/06/1997 (1) Subject to this section, where a person has served a proposal under section 37 and no agreement has been signed under section 38, the Commissioner shall- (a) in the case of a proposal served before 1 June of the year in which a new valuation list to which it relates comes into force, before 1 December immediately following the making of the proposal; or (Replaced 22 of 1995 s. 20) (b) in any other case, before 1 September immediately following the making of the proposal, or within such other time as the Governor may, in either case, direct, serve on the person who made the proposal a notice of decision in the specified form. (Amended 54 of 1990 s. 21) (2) A notice of decision under subsection (1) shall specify- (a) that no alteration is to be made to the valuation list; or (b) what alteration (whether that specified in the proposal or another alteration) is to be made to the valuation list. (3) (Repealed 22 of 1995 s. 20) (4) Where section 37(3) applies, no notice of decision may be served under this section until 14 days have elapsed from the date of the service of the copies of the proposal on the owner and occupier; and the Commissioner shall cause copies of the notice of decision to be served on the owner and occupier. (5) No notice of decision shall be served under this section where a notice of withdrawal has been served on the Commissioner under section 37(5). (6) Where a notice of decision to which subsection (2)(b) relates is served under this section, the Commissioner shall cause the valuation list to be altered accordingly. (Amended 22 of 1995 s. 20) (Replaced 33 of 1981 s. 24) RATING ORDINANCE - SECT 40 Objection to proposed corrections, deletions, interim valuations VerDate:30/06/1997 (1) An owner or occupier who is aggrieved- (a) by a correction to the valuation list under section 16(1)(a) on the ground that the correction is wrong; (b) by reason of a deletion on the ground that the tenement ought not to be deleted; (c) by an interim valuation on the ground that the tenement is valued above its proper rateable value or is not liable for assessment to rates, (Amended 33 of 1981 s. 25) may, within 28 days of service on him of the notice of correction under section 16(2) or of the notice of deletion or interim valuation under section 26(1), serve on the Commissioner a notice of objection in the specified form stating fully the grounds of his objection to the correction, deletion or interim valuation. (Amended 22 of 1995 s. 21) (1A) Where a notice of objection is served under subsection (1), the Commissioner and the person making the objection may agree to confirm, vary or set aside the correction, deletion or interim valuation and where they do so agree- (a) they shall sign an agreement in the specified form; and (b) in the case of an agreement to so vary or set aside, the Commissioner shall cause the valuation list to be altered accordingly. (Added 11 of 1987 s. 12. Amended 22 of 1995 s. 21) (2) Subject to subsections (4) and (5), where a person has served a notice of objection under subsection (1) and no agreement has been signed under subsection (1A), the Commissioner shall- (Amended 33 of 1981 s. 25; 11 of 1987 s. 12) (a) consider the objection and shall confirm, vary or set aside the correction to the valuation list, or the deletion, or the interim valuation; (Replaced 22 of 1995 s. 21) (b) within 6 months after the expiration of the 28 day period referred to in subsection (1), serve on the person making the objection a notice in the specified form of his decision in respect of the objection; and (Replaced 22 of 1995 s. 21) (c) in the case where he decides to so vary or set aside, cause the valuation list to be altered accordingly. (Added 22 of 1995 s. 21) (3) An agreement referred to in subsection (1A) may be signed on behalf of the Commissioner by an officer of the Rating and Valuation Department not below the rank of Valuation Surveyor. (Amended 1 of 1986 s. 9; 11 of 1987 s. 12; L.N. 95 of 1989; 22 of 1995 s. 21) (4) A person making an objection under this section may withdraw the objection, at any time before a notice of decision in respect of the objection is served on him under subsection (2), by serving a notice of withdrawal on the Commissioner. (Added 33 of 1981 s. 25) (5) No notice of decision shall be served under this section where a notice of withdrawal has been served on the Commissioner under subsection (4). (Added 33 of 1981 s. 25) RATING ORDINANCE - SECT 40A Commissioner to consult Secretary for Home Affairs in certain cases VerDate:30/06/1997 (1) Where any proposal under section 37 or any objection under section 40 relates to the exemption of a tenement on the ground that it is a village house, the Commissioner shall, when considering such proposal or objection, consult the Secretary for Home Affairs and shall have regard to his views. (Amended L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989) (2) In this section "village house" (村屋) means a village house exempted by virtue of section 36(1)(c). (Added 82 of 1975 s. 4) "village house" (村屋) RATING ORDINANCE - SECT 41 Proposals and objections not in the specified form VerDate:30/06/1997 The Commissioner may accept a proposal under section 37 and a notice of objection under section 40 notwithstanding that it is not in the specified form. RATING ORDINANCE - SECT 42 Appeals VerDate:30/06/1997 (1) A person on whom a notice of decision has been served under section 39 or 40 may, within 28 days of such service, appeal against the decision to the Lands Tribunal. (Amended 62 of 1974 s. 16; 33 of 1981 s. 26) (2) Where the appellant is a person who served a proposal under section 37 or made an objection under section 40, the grounds of appeal shall be confined to the grounds of the proposal or objection. (3) A person appealing under subsection (1) shall, within the period of 28 days referred to in subsection (1)- (Amended 33 of 1981 s. 26) (a) serve a copy of the notice of appeal on the Commissioner, who shall be the respondent in the appeal; and (b) where the appeal is in respect of a tenement neither owned nor occupied by the appellant, serve copies of the notice of appeal on the owner and the occupier of the tenement, both of whom may be heard on the hearing of the appeal. (4) For the purposes of an appeal under this section, and only for those purposes, the Lands Tribunal Ordinance (Cap 17), shall apply in relation to any such appeal as it applies to an appeal made to the Lands Tribunal under that Ordinance. (Added 22 of 1995 s. 22) RATING ORDINANCE - SECT 42A Rates payable notwithstanding notice of appeal VerDate:30/06/1997 (1) Subject to this section, rates shall remain payable under sections 18 and 29 notwithstanding any notice of appeal under section 42 unless the Commissioner orders that payment of such rates or any part thereof, be held over pending the determination of the appeal. (2) An order under subsection (1) may be subject to the condition that the person on whose behalf the order is made shall provide security for the payment of such rates or any part thereof the payment of which is held over either by furnishing a banker's undertaking or providing such other security as the Commissioner may require. (3) A banker's undertaking referred to in subsection (2) shall- (a) be in a form acceptable to the Commissioner; (b) be furnished to the Commissioner within a period of 14 days from the date of the order under subsection (1) or on the date for the payment of the rates specified in the demand therefor, whichever is the later; (c) be given by a bank, as defined in the Banking Ordinance (Cap 155); (d) not be revocable without the consent of the Commissioner; (e) be expressed to be an undertaking to pay an amount equal to the rates or any part thereof the payment of which is held over; and (f) provide for payment to the Commissioner upon written notification to the bank by the Commissioner that the appeal has been withdrawn or finally determined and that the amount stated by him is now due, and where a banker's undertaking is not so furnished, subsection (1) shall apply as if an order under that subsection had not been made. (4) Where the Commissioner is of the opinion either that the rates or any part thereof held over under subsection (2) is likely to become irrecoverable, or that the person appealing is unreasonably delaying the prosecution of his appeal, he may cancel any order made under that subsection and make such fresh order as the case may appear to him to require. (5) Where, upon the final determination of an appeal, any rates which have been held over under subsection (2) become payable or the rates charged are increased, the Commissioner shall give to the person appealing a notice in writing fixing a date on or before which any rates or balance of rates shall be paid. (6) Any rates not paid in accordance with a notice under subsection (5) shall be deemed to be rates not paid in accordance with a notification under section 22(1), and section 22(2) to (4) shall apply accordingly. (Added 22 of 1995 s. 23) RATING ORDINANCE - SECT 42B Offer of settlement before decision of Lands Tribunal on appeals relating to proper rateable value VerDate:30/06/1997 (1) This section applies to an appeal relating to the grounds described in section 37(1)(a) or (d) or 40(1)(a) or (c). (2) At any time after an appeal to which this section applies is made to the Lands Tribunal but before that appeal is determined- (a) the appellant may by notice in writing advise the Commissioner of the valuation he is willing to accept as being the proper rateable value of the tenement to which the appeal relates; (b) the Commissioner may by notice in writing advise the appellant of the valuation he is willing to accept as being the proper rateable value of the tenement to which the appeal relates. (3) Where advice of any party to the appeal made pursuant to subsection (2) is not accepted by the other party, no part of the contents thereof which relates to an appeal before the Lands Tribunal to which this section applies shall be disclosed to the Lands Tribunal until the proper rateable value of the tenement to which the appeal relates is determined by it; but a copy of the advice enclosed in a sealed envelope may be lodged with the registrar of the Lands Tribunal and, subject to any claim as to privilege by any part to the appeal, opened by the Tribunal after the Tribunal has so determined. (4) Where the appellant advises a valuation which he is willing to accept under subsection (2) which is not accepted by the Commissioner and the valuation determined by the Lands Tribunal is equal to or less than the valuation so advised, the Lands Tribunal shall, unless for special reason it thinks proper not to do so, order the Commissioner to bear his own costs and to pay the costs of the appellant in so far as the costs are incurred after the appellant so advised. (5) Where the Commissioner advises the valuation which he is willing to accept under subsection (2) which is not accepted by the appellant and the valuation determined by the Lands Tribunal is equal to or exceeds the valuation so advised, the Lands Tribunal shall, unless for special reason it thinks proper not to do so, order the appellant to bear his own costs and to pay the costs of the Commissioner in so far as the costs are incurred after the Commissioner so advised. (Added 22 of 1995 s. 23) RATING ORDINANCE - SECT 43 (Repealed) VerDate:30/06/1997 (Repealed 22 of 1995 s. 24) RATING ORDINANCE - SECT 44 Hearing of appeal VerDate:30/06/1997 (1) The Lands Tribunal shall hear and determine the appeal and may- (a) make such order therein as it thinks proper; (b) award costs to any party; (c) direct the Commissioner to amend the valuation list concerned in any manner; and (Amended 22 of 1995 s. 33) (d) make such other direction as to the payment of rates as may be necessary. (2) Subject to subsection (3), section 11 of the Lands Tribunal Ordinance (Cap 17) shall apply to an appeal under this Ordinance. (Replaced 33 of 1981 s. 27) (3) The Lands Tribunal may, and on application by a party shall, reserve any question of law for the consideration of the Court of Appeal, which shall have power to hear and determine the question so reserved and shall send its opinion thereon to the Lands Tribunal. (Replaced 33 of 1981 s. 27) RATING ORDINANCE - SECT 44A Consent order VerDate:30/06/1997 (1) Notwithstanding anything in section 44(1), where the parties to the appeal have agreed upon the terms of any order to be made by the Lands Tribunal, particulars of the terms, signed by or on behalf of the parties, shall be sent to the Lands Tribunal, and the Lands Tribunal may, if it thinks fit, make an order in accordance with such terms and in the absence of the parties, unless the Lands Tribunal for any special reason requires their attendance. (2) Section 44(1)(b), (c) and (d) shall apply in respect of an appeal determined under subsection (1). (Added 33 of 1981 s. 28) RATING ORDINANCE - SECT 45 False or incorrect statements VerDate:30/06/1997 PART X OFFENCES AND PENALTIES Any person who knowingly makes a false statement- (a) in furnishing the particulars specified in the specified form under section 5(1)(a); or (Amended 54 of 1990 s. 22) (b) for the purpose of recovering a refund under section 30 or 31 of any amount paid in respect of rates; or (c) for the purpose of obtaining or retaining exemption under section 36 for a tenement or part of a tenement, shall be guilty of an offence and shall be liable on conviction to a fine at level 4. (Amended 22 of 1995 s. 25) RATING ORDINANCE - SECT 46 Refusal to furnish information and obstruction VerDate:30/06/1997 Any person who- (a) refuses or neglects to furnish any of the particulars specified in the specified form under section 5(1)(a); or (b) refuses to produce for inspection any receipts for rent, rent-books, accounts or other documents whatsoever connected with the rent or value of the tenement that he is required to produce under section 5(1)(b); (Replaced 54 of 1990 s. 23) (ba) refuses to allow the Commissioner or any person authorized by him to take away for the purpose of making copies any receipts for rent, rent-books, accounts or other documents whatsoever connected with the rent or value of the tenement that the Commissioner or any person authorized by him is empowered under section 5(1)(ba); or (Added 54 of 1990 s. 23) (c) obstructs the Commissioner or any person authorized by him from entering, or inspecting, or measuring any tenement under section 5(1)(d), shall be guilty of an offence and shall be liable on conviction to a fine at level 3. (Amended 54 of 1990 s. 23; 22 of 1995 s. 26) RATING ORDINANCE - SECT 47 Additional penalty in respect of loss in revenue VerDate:30/06/1997 A person convicted of an offence under this Ordinance shall, in addition to any penalty imposed therefor, be liable to a fine of treble the amount of rates which has been undercharged in consequence of the offence or which would have been undercharged if the offence has not been detected. (Replaced 22 of 1995 s. 27) RATING ORDINANCE - SECT 48 Complaints may be laid within 6 years of offence VerDate:30/06/1997 Notwithstanding section 26 of the Magistrates Ordinance (Cap 227), a complaint or information in respect of an offence under this Ordinance may be made or laid at any time within 6 years after the date of the offence. RATING ORDINANCE - SECT 49 Interim valuation after conviction VerDate:30/06/1997 If a person has been convicted, in respect of any tenement, of an offence under this Ordinance and the offence has resulted in the insertion in the valuation list of a lesser value or in a tenement not appearing in the valuation list, the Commissioner may delete the rateable value or make an interim valuation of the tenement, or both, either or both of which shall become effective from the day following the conviction. (Amended 22 of 1995 s. 28) RATING ORDINANCE - SECT 50 Mode of service of notices, etc. VerDate:30/06/1997 PART XI MISCELLANEOUS (1) Service of a requisition, notice or other document required to be served by this Ordinance may be effected- (Amended 22 of 1995 s. 29) (a) on the Commissioner, only by personal service or by post; (Replaced 54 of 1990 s. 24) (b) on the owner of a tenement, by personal service, by leaving the requisition, notice or other document at the tenement or at the owner's last known address or by sending it through the post to the tenement or to the owner's last known address; or (Replaced 45 of 1979 s. 6. Amended 54 of 1990 s. 24) (c) on the occupier of a tenement, by personal service, by leaving the requisition, notice or other document at the tenement or at the occupier's last known address or by sending it through the post to the tenement or to the occupier's last known address. (Replaced 45 of 1979 s. 6. Amended 54 of 1990 s. 24) (2) A certificate purporting to be signed by a person who states in that certificate that he effected service under subsection (1) shall be evidence of the facts stated therein relating to that service. (Added 22 of 1995 s. 29) RATING ORDINANCE - SECT 50A Rounding down of amounts due VerDate:30/06/1997 (1) The Commissioner may, in respect of any amount payable under this Ordinance or the Government Rent (Assessment and Collection) Ordinance (Cap 515) in respect of any tenement, round that amount down to the nearest whole dollar and carry the balance forward to the next period. (Amended 22 of 1995 ss. 30 & 33; 53 of 1997 s. 53) (2) Any balance carried forward under subsection (1) shall be payable- (a) as if it were rates; and (b) in addition to any rates, due in the period referred to in subsection (1). (Amended 22 of 1995 s. 30) (3) In this section "rates" (差餉) means rates payable under section 18 or 29. (Added 1 of 1986 s. 10) "rates" (差餉) RATING ORDINANCE - SECT 51 Misnomer VerDate:30/06/1997 (1) No misnomer or inaccurate description of a person, place or tenement, in a document required for the purposes of this Ordinance, nor any mistake, informality or omission committed in any proceedings hereunder, shall invalidate or prejudice the document or proceeding or in any way affect the operation of this Ordinance. (Amended 33 of 1981 s. 29) (2) Except where otherwise provided by this Ordinance, the Commissioner may correct any misnomer or inaccurate description, or any mistake or accidental omission in any document issued by him for the purposes of this Ordinance. (Added 33 of 1981 s. 29. Amended 22 of 1995 s. 31) RATING ORDINANCE - SECT 52 Competency of judge VerDate:30/06/1997 No judge, District Judge, magistrate or member of the Lands Tribunal shall be incapable of acting in his judicial office in any proceeding, by reason of his being, as being a ratepayer or a member of any other class of persons, liable in common with others to contribute to or to be benefited by any rate which may be increased, diminished or in any way affected by the proceeding. (Amended 62 of 1974 s. 16) RATING ORDINANCE - SECT 53 Regulations VerDate:01/07/1997 Adaptation amendments retroactively made - see 12 of 1999 s. 3 The Chief Executive in Council may make regulations for the better carrying out of the objects of this Ordinance. (Amended 12 of 1999 s. 3) RATING ORDINANCE - SECT 53 Regulations VerDate:30/06/1997 The Governor in Council may make regulations for the better carrying out of the objects of this Ordinance. RATING ORDINANCE - SECT 54 Forms and signature of notices VerDate:30/06/1997 (1) The Commissioner may specify the form of any requisition, declaration, notice, claim or other document required for the purposes of this Ordinance. (2) Every requisition, declaration, notice, claim or other document required or to be given for the purposes of this Ordinance, shall be valid if the name of the Commissioner, Deputy Commissioner, Assistant Commissioner, Principal Valuation Surveyor, Senior Valuation Surveyor or Valuation Surveyor is printed or signed thereon. (Replaced 22 of 1995 s. 32) RATING ORDINANCE - SECT 55 Saving of valuation lists in force before commencement of Rating (Amendment) Ordinance 1990 VerDate:01/01/2000 (1) Any valuation list in force immediately prior to the date of commencement of the Rating (Amendment) Ordinance 1990 (54 of 1990) (in this subsection called the "amending Ordinance") shall be the valuation list for the Urban Council area or the Regional Council area where it formerly applied, and for that purpose shall continue in force and, save where otherwise provided, the provisions of this Ordinance as amended by the amending Ordinance shall apply in respect of any such list. (1A) On and after the commencement date, any valuation list which is continued in force under subsection (1) for any purpose, continues to apply for that purpose as provided in that subsection as if the amendments had not been made and that subsection is to be construed accordingly. (Added 78 of 1999 s. 7) (1B) In subsection (1A), "the amendments" (有關修訂) and "commencement date" (生效日期) have the meanings given to them in section 56(8). (Added 78 of 1999 s. 7) (2) The provisions of subsection (1) shall be in addition to and shall not derogate from section 23 of the Interpretation and General Clauses Ordinance (Cap 1). (Replaced 54 of 1990 s. 25) "the amendments" (有關修訂) and "commencement date" (生效日期) RATING ORDINANCE - SECT 55 Saving of valuation lists in force before commencement of Rating (Amendment) Ordinance 1990 VerDate:30/06/1997 (1) Any valuation list in force immediately prior to the date of commencement of the Rating (Amendment) Ordinance 1990 (54 of 1990) (in this subsection called the "amending Ordinance") shall be the valuation list for the Urban Council area or the Regional Council area where it formerly applied, and for that purpose shall continue in force and, save where otherwise provided, the provisions of this Ordinance as amended by the amending Ordinance shall apply in respect of any such list. (2) The provisions of subsection (1) shall be in addition to and shall not derogate from section 23 of the Interpretation and General Clauses Ordinance (Cap 1). (Replaced 54 of 1990 s. 25) RATING ORDINANCE - SECT 56 Savings and transitional arrangements on amendment of Ordinance by Provision of Municipal Services (Reorganization) Ordinance VerDate:01/01/2000 (1) A valuation list applicable in respect of a tenement for any purpose of this Ordinance immediately before the commencement date is applicable on and after that date in respect of that tenement and for that purpose as if the amendments had not been made. (2) Any Resolution of the Legislative Council made for the purposes of section 18(1) and in force immediately before the commencement date continues to have effect on and after that date to the extent that it is relevant for the purpose of computing or determining rates payable for any period ending before the commencement date or determining the amount of a refund in relation to such rates and for those purposes the Resolution is to be construed as if the amendments had not been made. (3) Notwithstanding section 18(1) and any Resolution of the Legislative Council made for the purposes of that section and in force immediately before the commencement date, the percentage of the rateable value on the basis of which rates payable on and after that date under that section are to be computed is 5% and any relevant reference to the percentage prescribed for the purposes of that section is to be construed accordingly. (4) Subsection (3) is to apply until the next Resolution of the Legislative Council made for the purposes of section 18(1) takes effect to prescribe the percentage of the rateable value for the purposes of that section. (5) For the avoidance of doubt it is stated that nothing in the amendments are to be construed as affecting the liability for rates payable for any period ending before the commencement date and that such rates may be recovered as if the amendments had not been made. (6) For the avoidance of doubt it is stated that nothing in the amendments are to be construed as affecting any right to a refund in respect of rates paid or payable for a period ending before the commencement date. (7) Without limiting subsection (5), if as a result of an interim valuation any rates or part of rates known and payable as "Urban Council rates" or "Regional Council rates" before the commencement date become payable in relation to any period ending before the commencement date, the liability for payment is not affected by anything in the amendments and they can be recovered as if the amendments had not been made. (8) In this section- "the amendments" (有關修訂) means the amendments made to this Ordinance by the Provision of Municipal Services (Reorganization) Ordinance (Cap 552); "commencement date" (生效日期) means the date on which the amendments come into operation. (Added 78 of 1999 s. 7) "the amendments" (有關修訂) "commencement date" (生效日期)