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(i) in relation to any residue referred to in that subsection; and

(ii) by a person who would have been entitled, or who appears would have been entitled, to be paid the residue if the residue had remained with the Tribunal;

(c) where a person claims to have had an interest in the lot sold pursuant to an order for sale, nothing in this section or in section 8(1)(a) shall prevent the person from taking any action or commencing any proceedings in relation to any proceeds of sale arising from the sale of that part of the lot to which the interest relates.

(8) Without prejudice to the operation of subsection (3), in this section “incumbrance” (產權負擔), in relation to a lot, does not include, unless otherwise specified in directions—

(a) if Part II of the New Territories Ordinance (Cap. 97) applies to the lot, any Chinese custom or customary right affecting the land;

(b) any easements, rights of way or rights of water; or

(c) any covenants which run with the lot.

12. Regulations

(1) The Secretary for Planning, Environment and Lands may make regulations—

(a) specifying grounds for the purposes of section 4(2)(a)(ii);

(b) specifying matters to be taken into account for the purposes of section 4(2)(b);

(c) specifying matters to be taken into account in the nomination or appointment of trustees to discharge the duties imposed on trustees under this Ordinance in relation to the lot the subject of an order for sale; and

(d) generally, providing for the better carrying into effect of the provisions and purposes of this Ordinance.

(2) A regulation made under subsection (1)(a) or (b) shall not apply to any proceedings arising out of an application made under section 3(1) before the commencement of the regulation.

13. Amendment of Schedules

The Chief Executive in Council may, by notice in the Gazette, amend Schedule 1, 2, 3 or 4.