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LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE (Added 37 of 1986 s. 13) 133. Stay of warrant In every case in which the person on whose application, or on whose behalf, a warrant is granted had not, at the time of granting the same, lawful right to the possession of the premises, the obtaining of the warrant shall be deemed a trespass by him against the tenant or occupier of the premises, although no entry may be made by virtue of the warrant; and, in case any such tenant or occupier will become bound with 2 sureties as hereinafter provided, to be approved of by the District Court, in such sum as to it may seem reasonable (regard being had to the value of the premises and to the probable costs of an action), to sue the person on whose application, or on whose behalf, the warrant was granted, with effect and without delay, and to pay all the costs of the proceedings in the action in case judgment shall pass for the defendant or the plaintiff shall discontinue or nor prosecute his action or become nonsuit therein, execution of the warrant shall be delayed until judgment has been given in the action; and if, on the trial of the action, judgment passes for the plaintiff, the judgment shall supersede the warrant so granted, and the plaintiff shall be entitled to reasonable damages in the action.

(27 of 1897 s. 7 incorporated. Amended 35 of 1969 Schedule) [cf. 1838 c. 74 s. 3 U.K.] 134. Giving of bond and proceedings thereon Every such bond as herein before mentioned shall be made to the complainant or his agent at the cost of such complainant or agent, and shall be approved of and attested by the District Court, and if the bond so taken is forfeited or if, on the trial of the action for securing the trial of which such bond was given, the judge by whom it is tried does not certify that the condition of the bond has been fulfilled, the party to whom the bond has been so made may bring an action and recover thereon; (Amended 35 of 1969 Schedule) Provided that the court where such action as last aforesaid is brought may, by an order, give such relief to the parties upon such bond as may be agreeable to justice, and such order shall have the nature and effect of a defeasance to such bond.

(27 of 1897 s. 8 incorporated) [cf. 1838 c. 74 s. 4 U.K.] 135. Protection of District Court and bailiff acting under this Part No action or prosecution shall be brought against the District Court by whom a warrant is issued, or against a bailiff by whom the warrant is executed, for issuing the warrant or executing the same respectively, by reason that the person on whose application, or on whose behalf, the warrant is granted had not lawful right to the possession of the premises.

(27 of 1897 s. 9 incorporated. Amended 29 of 1962 s. 3; 35 of 1969 Schedule) [cf. 1838 c. 74 s. 5 U.K.] 136. Recovery of bailiff's expenses The expenses incurred by a bailiff in the execution of a warrant may be recovered from the complainant.

(Added 29 of 1962 s. 4) PART VII MISCELLANEOUS 136A. Remission and refund of fees (1) All fees payable to the Commissioner of Rating and Valuation under this Ordinance are due at the time the application or submission to which the fee relates is made to him, but where in any particular case the Commissioner is of the opinion that a fee payable ought to be wholly or partly remitted or, having been paid, ought to be refunded, he may so direct. (Added 32 of 1985 s. 25. Amended 37 of 1986 s. 14) (2) Any public officer or class of public officer employed in the Rating and Valuation Department and authorized in writing in that behalf by the Commissioner may exercise the powers of the Commissioner conferred on him by this section. (Added 37 of 1986 s. 14) 137. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1981 (1) A District Court or tenancy tribunal which has heard or commenced to hear any matter or proceeding which, by the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1981 (76 of 1981), becomes a matter or proceeding within the jurisdiction of the Lands Tribunal or the Commissioner of Rating and Valuation shall continue to have jurisdiction in relation to, and shall dispose of, such matter or proceeding as if the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1981 (76 of 1981) had not been enacted.

(2) Any matter or proceeding pending before a District Court or tenancy tribunal but which a District Court or tenancy tribunal has not heard or commenced to hear and which, by the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1981 (76 of 1981), becomes a matter or proceeding within the jurisdiction of the Lands Tribunal or the Commissioner of Rating and Valuation shall be continued before the Lands Tribunal or Commissioner, as the case may be; and the Lands Tribunal may give such directions as it thinks fit as to the lodging or filing of papers and otherwise in relation to the procedure in such a matter or proceeding. (76 of 1981 s. 59 incorporated) 138. Effect of substitution of "prevailing market rent" for "fair market rent" "Prevailing market rent", where it appears in any provision of this Ordinance, shall be construed in the same manner as was "fair market rent" in that provision before 10 June 1983.

(Added 29 of 1983 s. 46) 139. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1983 (1) Sections 2 and 11 (e) (i) of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1983 (29 of 1983) ("the amending Ordinance 1983") shall not affect any proceedings commenced in the Lands Tribunal before 10 June 1983.

(2) Section 11 (e) (ii) and (f), section 30 (c) (i) and section 45 (c) of the amending Ordinance 1983 shall not affect any tenancy or sub-tenancy ratified under section 50 (7) before 10 June 1983.

(3) Section 15 (b) (vi) of the amending Ordinance 1983, so far as it adds new paragraph (h) to section 53 (2), shall apply to a case where the tenant has sublet before 10 June 1983 as it applies to a case where the tenant has sublet on or after 10 June 1983.

(4) Sections 15 (b) (iii) and 15 (f) of the amending Ordinance 1983 shall have effect in any proceedings pending in the Lands Tribunal on 10 June 1983.

(5) Section 15 (c) of the amending Ordinance 1983 shall have effect in any proceedings pending in the Lands Tribunal on 10 June 1983.

(6) Section 15 (g) of the amending Ordinance 1983, so far as it refers to tenancies or sub-tenancies arising under section 53 (6A), shall have effect in any proceedings pending in any court or tribunal on 10 June 1983.

(7) Section 15 (h), (i) and (j) of the amending Ordinance 1983- (a) shall not apply to an order mentioned in section 53 (7) obtained before 10 June 1983; and (b) subject to paragraph (a), shall apply to any use or continued use on or after 10 June 1983.

(8) Sections 13 (a) and 30 of the amending Ordinance 1983 shall have effect in any proceedings pending in any court or tribunal on 10 June 1983.

(9) Section 20 (b) of the amending Ordinance 1983 shall not apply to applications under section 57 received by the Commissioner before 19 December 1983.

(10) Sections 33 and 35 of the amending Ordinance 1983 shall have effect in any proceedings pending in the Lands Tribunal on 10 June 1983.

(11) Section 37 of the amending Ordinance 1983- (a) shall not apply to a case where the decision of the Lands Tribunal is made before 10 June 1983; and (b) subject to paragraph (a), shall apply to any use or continued use on or after 10 June 1983.

(29 of 1983 s. 49 incorporated) 140. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1984 (1) Section 2 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1984 (40 of 1984) ("the amending Ordinance 1984") shall not affect any proceedings commenced in the Lands Tribunal before 1 July 1984.

(2) Section 3 of the amending Ordinance 1984 shall not apply to applications under section 7A (which it repeals) received by the Commissioner before 1 July 1984.

(3) Sections 7,9,10,18 and 28 of the amending Ordinance 1984 shall apply to any document (except a notice under section 55 as amended) executed before 1 July 1984 as they apply to documents executed on or after that date.

(4) Sections 13, 14 (a), 31, 32 (c) and (d) and 36 (a) of the amending Ordinance 1984 shall have effect in any proceedings pending in any court or tribunal on 1 July 1984 or commenced on or after that date.

(5) Section 17 of the amending Ordinance 1984 shall apply to tenancies and sub-tenancies entered into before 1 July 1984 as it applies to tenancies and sub-tenancies entered into on or after that date.

(6) Sections 19, 20 and 33 of the amending Ordinance 1984 shall have effect in any proceedings pending in the Lands Tribunal on 1 July 1984 or commenced on or after that date.

(7) Section 21 of the amending Ordinance 1984 shall have effect in any proceedings pending in any court or tribunal on 1 July 1984 or commenced on or after that date.

(8) Section 22 of the amending Ordinance 1984 shall apply to alterations in rent taking effect before 1 July 1984 as it applies to alterations taking effect on or after that date.

(9) Section 23 of the amending Ordinance 1984 shall not apply to applications under section 57 received by the Commissioner before 19 December 1984.

(10) Section 34 of the amending Ordinance 1984 shall apply to an event mentioned in section 119L as amended occurring before 1 July 1984 as it applies to such an event occurring on or after that date.

(11) Section 36 (b) of the amending Ordinance 1984 shall not apply to tenancies and sub-tenancies entered into before 1 July 1984.

(40 of 1984 s. 38 incorporated) 141. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1985 (1) Section 2 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1985 (32 of 1985) ("the amending Ordinance 1985") shall not apply in respect of any notice served under section 10 (1A) before 1 July 1985.

(2) Section 3 (a) of the amending Ordinance 1985 shall not apply in respect of any agreement lodged under section 18 (2) (c) before 1 July 1985.

(3) Section 4 (b) of the amending Ordinance 1985 shall not apply in respect of any proposed agreement a copy of which is submitted under section 28 (2) before 1 July 1985.

(4) Section 9 of the amending Ordinance 1985 shall apply in relation to a fee paid under section 51 (4B) (b) before 1 July 1985 as it applies in relation to a fee paid on or after that date.

(5) Section 11 (b) of the amending Ordinance 1985 shall not apply in respect of any agreement lodged under section 52A (2) (b) before 1 July 1985.

(6) Sections 13, 20, 21 (b) and 26 of the amending Ordinance 1985 shall have effect in relation to proceedings pending on 1 July 1985 as they have effect in relation to proceedings commenced on or after that date.

(7) Section 14 (b) of the amending Ordinance 1985 shall not apply in respect of a notice lodged under section 55 (1) before 1 July 1985.

(8) Section 15 of the amending Ordinance 1985 shall not apply in respect of applications under section 57 that are received by the Commissioner of Rating and Valuation before 19 December 1985.

(9) Section 17 of the amending Ordinance 1985 shall apply in relation to a sub-tenancy created before 1 July 1985 as it applies in relation to a sub- tenancy created on or after that date.

(10) Section 19 (a) of the amending Ordinance 1985 shall not apply in respect of a tenancy that is submitted before 1 July 1985 for endorsement under section 116 (4).

(11) Section 25 of the amending Ordinance 1985 shall not apply in relation to any fee paid before 1 July 1985, or payable on or after that date by reason of anything occurring before that date.

(32 of 1985 s. 28 incorporated) 142. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1986 (1) Section 2 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1986 (37 of 1986) ("the amending Ordinance 1986") shall not apply in respect of any notice served under section 10 (1A) before 1 August 1986. (2) Section 3 of the amending Ordinance 1986 shall not apply in respect of any application under section 57 received by the Commissioner before 19 December 1986.

(3) Section 6 of the amending Ordinance 1986 shall not apply in respect of any request for a warrant under section 101 before 1 August 1986.

(4) Sections 9, 10 and 11 of the amending Ordinance 1986 shall not apply to an application by or on behalf of an owner under section 129 made before 1 August 1986.

(5) Section 12 of the amending Ordinance 1986 shall not apply to an application by or on behalf of an owner under section 132 made before 1 August 1986.

(37 of 1986 s. 15 incorporated) 143. Provision transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1988 Section 2 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1988 (77 of 1988) shall not apply in respect of any notice served under section 10 (1A) before the commencement of that Ordinance.

(77 of 1988 s. 10 incorporated) FIRST SCHEDULE (Repealed 76 of 1981 s. 58) SECOND SCHEDULE [s. 47] Form 1 [s. 19 (1)] NOTICE OF RENT PAYABLE BY PRINCIPAL TENANT TO LANDLORD To all tenants in occupation of [1]--------- YOU ARE INFORMED, in accordance with section 19 (1) of the Landlord and Tenant (Consolidation) Ordinance, that the rent payable by me, to [2] my landlord in respect of [1] . is dollars per [3] and is made up as follows- (1) Standard rent is dollars per [3] (2) Permitted increase (s) is/are- [4] Dated the day of , 19 Principal Tenant.

NOTES.

[1] Identify premises.

[2] Give full name and address of landlord.

[3] State whether per week, month, etc.

[4] Give particulars of any permitted increase and state authority for charging the same (i. e. section of Ordinance or date of decision of tribunal).

Form 2 [s. 21] To the principal tenant in occupation of NOTICE OF TERMINATION OF PRINCIPAL TENANCY I/WE HEREBY TERMINATE the tenancy of you (name) the principal tenant of the above premises, under section 21 of the Landlord and Tenant (Consolidation) Ordinance and require you peaceably to deliver up the premises [on or before the expiration of one month from the third consecutive day of posting this notice on the main door or entrance, namely on or before the , 19 *].

You may elect either to deliver up the whole of the premises or to retain for your own use any part of the premises used by you before service of the notice for your own occupation. If you retain such portion you will pay a proportionate part of the rent previously paid to me/us with an addition of 30% under the Ordinance and will be a monthly tenant.

You are required to elect by notice in writing to me/us within 14 days of service of this notice.

*[Substitute, if a period of notice is required by the contract between the landlord and the principal tenant- on or before the , 19 ] To all tenants and sub-tenants in occupation of TAKE NOTICE that with effect from the said date the 19, you will be a tenant of me/us upon the same terms and conditions as you were a tenant of the principal tenant and the permitted rent under the Ordinance is thereafter to be paid to me/us.

I/we shall be responsible for any obligations previously undertaken by the principal tenant.

Sgd. Address Date (Second Schedule added 22 of 1953 s. 33) THIRD SCHEDULE (Repealed 93 of 1975 s. 20) FOURTH SCHEDULE [s. 80] Fees to be levied in distraints for rent Sum used for Fee for every affidavit, Commission on warrant to distrain, notice or other document sum realized Under $ 5,000.00 $ 60.00 $10.00 for every $ 5,000.00 or above but $ 120.00 $100.00 or under $ 20,000.00 part thereof.

$ 20,000.00 or above $ 250.00 1. This scale does not include auctioneer's commission and expenses but includes all other expenses, except in actions where the tenant disputes the landlord's claim and witnesses have to be subpoenaed, in which case an additional fee for each subpoena is payable at $ 50.00.

2. Where watchmen are kept in charge of property distrained, a fee of $300.00 per day or part thereof is payable for each watchman.

3. Where property is removed and stored, the necessary expenses are payable according to actual expenditure.

4. Expenses for conveyance or transportation shall be payable according to actual expenditure plus 20% as administrative charges.

(Replaced 32 of 1985 s. 26. Amended L.N. 103 of 1988; L.N. 39 of 1991; L.N. 355 of 1992) FIFTH SCHEDULE FORM 1 [s. 82] AFFIDAVIT IN SUPPORT OF APPLICATION FOR WARRANT OF DISTRESS In the District Court of Hong Kong Holden at A. B., Plaintiff v.

C. D., Defendant I, A. B., an inhabitant of , make oath and say that C.D. of , is justly indebted to in the sum of $ for arrears of rent of the house and premises No. situate at in the due for months, to wit, from the day of , 19 , to the day of , 19 , at the rate of per mensem.

(Signed) A. B.

Sworn before me at on the day of , 19 (Signed) (Amended 1 of 1953 Fourth Schedule) FORM 2 [s. 83] WARRANT OF DISTRESS In the District Court of Hong Kong Holden at To E. F., Bailiff of the court.

I hereby direct you to distrain the goods and chattels on the premises of C. D. situate at in the for the sum of $ being the amount of months' rent due to A.B. for the same on the day of , 19 , according to the provisions of Part III of the Landlord and Tenant (Consolidation) Ordinance, Chapter 7.

Before proceeding to distrain under this warrant, you shall demand payment of the amount endorsed hereon.

Dated the day of , 19 .

[L. S.] (Signed) (Amended 1 of 1953 Fourth Schedule) FORM 3 [s. 89] NOTICE UNDER SECTION 89 In the District Court of Hong Kong Holden at To. C. D.

Take notice that I have this day seized the goods and chattels contained in the attached inventory and appraisement, for the sum of $ being the amount of months' rent due to A. B. on the day of ,19 , an that unless you pay that amount together with the costs of this distress within 5 days from the date thereof, or obtain an order from the court to the contrary, the same will be sold on the day of ,19 , pursuant to the provisions of Part III of the Landlord and Tenant (Consolidation) Ordinance, Chapter 7.

Dated the day of , 19 (Signed) E.F.

(Amended 1 of 1953 Fourth Schedule) eing erected than appeared in the plans lodged, the Tribunal may, on the application of the Commissioner, impose a penalty of a sum not exceeding what would have been the market value, at the time of the imposition, of the building if it had been erected in accordance with the plans.

(b) Where there is a breach of a condition imposed under paragraph (b) of subsection (2), the Tribunal may, on the application of the Commissioner, - (i) where the applicant for an order for possession holds the premises under a Crown lease or other tenancy from the Crown, decree such breach to be a breach of covenant in the Crown lease or of a condition or stipulation in the tenancy and a right of re-entry under the Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) shall accrue to the Crown; or (ii) in any case, impose a penalty not exceeding the market value of the premises at the time of the imposition of the penalty.

(c) Where there is a breach of any other condition imposed under subsection (2), the Tribunal may, on the application of the Commissioner, impose a penalty of a sum not exceeding $ 500,000.

(6) In this section, "dwelling" has the meaning given to that phrase by section 50C (1). (Added 76 of 1981 s. 37) Increases in Rent 54. (Repealed 40 of 1984 s. 21) 55. Alterations in rent by agreement (1) Where an alteration in rent is agreed between a landlord and a tenant the landlord shall lodge with the Commissioner a notice thereof in triplicate in the specified form signed by both the landlord and tenant.

(Amended 6 of 1980 s. 7; 29 of 1983 s. 18; 32 of 1985 s. 14) (1A) A notice under subsection (1) shall not be valid unless- (a) (i) it is signed by the tenant not earlier than 1 month before the date on which it is lodged with the Commissioner; and (ii) the alteration of rent to which it relates takes effect neither earlier than 1 month before, nor later than 6 months after, the date on which the notice is so lodged; or (b) the notice is endorsed by the Commissioner, the application for which endorsement shall be accompanied by a fee of $ 500, to the effect that he is satisfied that the tenant understands the effect of the alteration in rent and has not been subject to any undue pressure or influence.

(Replaced 40 of 1984 s. 22. Amended 32 of 1985 s. 14) (2) Where a notice is lodged with the Commissioner under subsection (1), he shall record the agreement concerning the alteration in rent and shall endorse free of charge on 2 copies of the notice a statement to that effect and shall return 1 copy to the landlord and 1 copy to the tenant. (Amended 29 of 1983 s. 18) (3) Where there is an increase in rent under an agreement mentioned in sub-section (1), a landlord shall not be entitled to maintain an action to recover rent at the increased rate unless a valid notice mentioned in that subsection is endorsed by the Commissioner under subsection (2). (Replaced 40 of 1984 s. 22) (4) The security of tenure afforded to a tenant under section 52 (4) (a) shall apply where the rent payable by the tenant is increased by agreement, notwithstanding the failure of the landlord to lodge notice thereof under subsection (1).

(5) Where, on 18 December 1979, a tenant was in possession of premises under a tenancy agreement which provided for the rent payable by the tenant to be varied during the term of the tenancy by reference to fixed and ascertained periods of time, any alteration in rent pursuant to that tenancy agreement shall take effect as if this section had not been enacted, save that where the alteration takes effect on or after 18 December 1979 the security of tenure afforded to a tenant by section 52 (4) (a) shall extend to such tenancy as if the rent had been altered under this Part. (Replaced 6 of 1980 s. 7. Amended 29 of 1983 s.

18) 55A. Increase in rent on account of improvements (1) Where the landlord of any premises incurs expenditure of $ 5,000 or more on improvements to such premises, the landlord may, subject to subsection (2), increase the rent payable in respect of those premises by 20% per annum of the amount expended on the improvements.

(2) Where rent is increased under this section the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the tenant, specifying the increase and the date from which it is to take effect.

(3) The date specified in a notice of increase under subsection (2) shall be not earlier than the first day when rent becomes due after the expiry of one month from the service of the notice.

(4) Where the landlord of any premises incurs expenditure of $ 5,000 or more on improvements to such premises and those premises comprise 2 or more tenements then the amount expended shall be apportioned between the tenements and the rent payable in respect of any tenement may be increased in accordance with this section by reference to the part of the expenditure apportioned to it.

(5) Subject to subsection (6), in determining the amount of expenditure incurred on improvements expenditure incurred in the 6 months immediately prior to the date of service of the notice of increase under subsection (2) may be aggregated.

(6) No account shall be taken of- (a) (i) in the case of a tenancy of premises to which this Part applied prior to 18 December 1979, expenditure incurred prior to 9 July 1976; (ii) in any other case, expenditure incurred prior to 18 December 1979; (Replaced 6 of 1980 s. 8) (b) expenditure in respect of which an increase in rent has previously been made under this section.

(7) Where a landlord serves on a tenant a notice of increase under subsection (2), the landlord shall send a copy of that notice to the Commissioner.

(8) A tenant on whom a notice of increase in rent is served under this section may, not later than one month after the service of the notice, apply to the Tribunal for an order cancelling or reducing the increase on the ground- (a) that the improvement was unnecessary: Provided that where the premises the subject of the improvement comprise 3 or more tenements and more than two-thirds of the tenants of those premises (other than sub-tenants) have consented in writing to the improvement, the improvement shall be deemed to be necessary; (b) that a greater amount was expended on the improvement than was reasonable; or (c) where the increase follows an apportionment under subsection (4), that the apportionment was unreasonable, and the Tribunal may make an order accordingly. (Amended 76 of 1981 s. 40) (9) In this section- "improvement" includes structural alteration, extension of addition and the provision or additional fixtures and fittings, but does not include anything done by way of decoration or repair; "landlord" includes principal tenant; "tenant" includes sub-tenant.

(Added 56 of 1976 s. 5) [cf. 1968 c. 23 ss. 25 & 38 U.K.] 56. Increase in rent on account of rates (1) Where- (a) a landlord bears the rates in respect of any premises the subject of a tenancy and there is an increase in the amount of rates payable; or (b) rates are imposed in respect of any such premises and the landlord bears those rates, the landlord may, subject to subsection (2), increase the amount of rent payable by the tenant of those premises by the amount of the increase in rates or by the amount of the rates imposed, as the case may be.

(1A) For the purpose of subsection (1) (b), rates shall be deemed not to be imposed where rates become payable by reason only that the premises cease to be exempt from assessment to or payment of rates under section 36 of the Rating Ordinance (Cap. 116). (Added 29 of 1983 s. 19) (2) Where the amount of rent is increased under this section the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the tenant, specifying the increase and the date from which it is to take effect.

(3) The date specified in a notice of increase under subsection (2) shall not be earlier than- (a) the date from which the increased rates or the rates imposed, as the case may be, are payable; or (b) 24 months prior to the date of service of the notice, whichever is the later. (Replaced 29 of 1983 s. 19) (Replaced 10 of 1975 s. 9) 56A. Increase in rent following apportionment (1) Where section 56 (1) applies in respect of any premises and the premises form part of a tenement or consist of, or form part of, more than one tenement, the landlord may, if he cannot agree with the tenant an increase in rent of the tenancy, apply to the Commissioner in the specified form for a certificate under subsection (2).

(2) On receipt of an application under subsection (1) the Commissioner shall make such apportionment or aggregation of rates as he considers necessary to determine the amount of rates attributable to the premises and shall serve on the landlord and on the tenant certificates in the specified form stating the amount by which the rent may be increased.

(3) Where the Commissioner has served a certificate under subsection (2), the rent of the tenancy may be increased, in accordance with section 56, by the amount shown in the certificate.

(Added 10 of 1975 s. 10. Amended 93 of 1975 s. 15) 57. Application for certificate of increase in rent (1) Where a landlord wishes to increase the rent payable by his tenant, he may apply to the Commissioner for a certificate.

(2) An application under subsection (1) shall be made by sending a notice in duplicate in the specified form to the Commissioner.

(3) Where the Commissioner is of the opinion that, having regard to section 64, no increase in rent is due, or such increase in rent is not due within a period of 6 months from the date of receipt of the application under subsection (1), he may decline to deal with such application or defer dealing with such application until it appears to him that the increase in rent is due within a period of 6 months.

(4) Subject to subsection (3), upon receipt of an application under subsection (1) the Commissioner shall serve a copy thereof on the tenant.

(5) Within 14 days of service on him under subsection (4) of a copy of the landlord's application the tenant may send his representations thereon in writing to the Commissioner.

(6) Where the Commissioner receives representations from a tenant under subsection (5) which indicate that the tenant disputes any fact set out in the application of the landlord, he shall determine the facts in dispute and shall then deal with the application in accordance with section 58.

(For savings and transitional provisions see 39 of 1979 s. 25 (2)) 58. Certificates of increase in rent (1) Where a landlord applies for a certificate under section 57, the Commissioner shall- (a) if satisfied that the prevailing market rent exceeds the current rent paid by the tenant, issue free of charge and serve on the landlord and on the tenant certificates in the specified form stating the amount, as ascertained in accordance with subsection (2), by which the current rent may be increased; or (b) if not satisfied that the prevailing market rent exceeds the current rent paid by the tenant, issue free of charge and serve on the landlord and on the tenant certificates in the specified form to that effect, and he may endorse on the certificates such matters as he thinks proper relating to such application, which, in the case of a dispute as to facts, shall include the Commissioner's determination thereof under section 57 (6). (Amended 5 of 1975 s. 2; 29 of 1983 ss. 20 & 46) (2) The amount mentioned in subsection (1) (a) shall be- (a) the difference between the prevailing market rent and the current rent; or (b) 30% of the current rent, whichever is the lesser: Provided that where the sum of the amount so ascertained and the current rent is less than 70% of the prevailing market rent, the amount shall be the difference between 70% of the prevailing market rent and the current rent. (Replaced 29 of 1983 s. 20. Amended 40 of 1984 s. 23; 32 of 1985 s.

15; 37 of 1986 s. 3; L.N. 235 of 1989; L.N. 237 of 1990) (N.B.: L.N. 235 of 1989 contains a transitional provision) (2A) Any cents in the amount ascertained or adjusted in accordance with subsection (2) shall be disregarded. (Added 29 of 1983 s. 20) (3) The percentages mentioned in subsection (2) may be amended by resolution of the Legislative Council. (Replaced 29 of 1983 s. 20. Amended 40 of 1984 s. 23) (4) Where a certificate has been issued under subsection (1) (b) in relation to any premises, no further application under section 57 in respect of those premises shall be made by the person to whom the certificate has been issued before the expiration of 1 year from the date of service of the certificate.

(5)-(6) (Repealed 6 of 1980 s. 9) 59. Review (1) Where the Commissioner issues a certificate under section 58, the landlord or the tenant may within 14 days of service on him of the certificate apply to the Commissioner by notice in duplicate in the specified form for a review of the certificate.

(2) On receipt of an application under subsection (1) and such fee as may be determined by the Financial Secretary, the Commissioner shall review his certificate issued under section 58 and, after giving both parties the opportunity of making written submissions, he may affirm the certificate or cancel it and issue a new certificate under that section, and shall serve a notice of his decision on the parties. (Replaced 76 of 1981 s. 41. Amended 32 of 1985 s.

16; 77 of 1988 s. 6) (3) (Repealed 32 of 1985 s. 16) (4) The Commissioner may, at the time of any review under subsection (2), determine the date from which any increase in rent shall take effect, and, if he makes such determination, shall include such determination in the notice of decision served under subsection (2). (Replaced 76 of 1981 s.

41. Amended 77 of 1988 s. 6) 60. Appeal Any person aggrieved by a decision of the Commissioner under section 59 may, within 1 month of the service of the notice of the decision, appeal to the Tribunal which may make such order thereon as it thinks fit.

(Replaced 76 of 1981 s. 42. Amended 77 of 1988 s. 7) 61. Notices of increases (1) Unless the Commissioner has made a determination under section 59 (4) or the Tribunal has made an order under section 60 regarding the date from which an increase in rent shall take effect, an increase in rent specified in a certificate issued under section 58 (1) (a) shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the tenant, specifying the date from which the increase is to take effect. (Amended 5 of 1975 s. 5; 77 of 1988 s. 8) (2) Where a landlord serves a notice of increase on the tenant under subsection (1) he shall, at the same time, send a copy of the notice to the Commissioner.

(3) The date specified in a notice under subsection (1) shall not, subject to section 64, be earlier than the first day when rent becomes due after the expiration of 1 month from the service of the notice.

(4) Notwithstanding this section, where proceedings on a review under section 59 or an appeal under section 60 are not concluded on the date specified in a notice under subsection (1), the failure by the tenant or sub-tenant to pay the increase in rent prior to the conclusion of such proceedings shall not be a breach of covenant to pay rent nor give rise to a right to forfeiture.

62. Application of certain sections to sub-tenancies Sections 55, 57, 58, 59, 60 and 61 shall apply to a sub-tenancy and any references therein to landlord and tenant shall be construed, for this purpose, as references to principal tenant and sub-tenant respectively.

(Replaced 76 of 1981 s. 43. Amended 40 of 1984 s. 24) 63. Increase in rent of sub-tenancy on account of rates (1) Where- (a) a principal tenant bears the rates in respect of any premises the subject of a tenancy out of which a sub-tenancy has been created and there is an increase in the amount of rates payable; (b) rates are imposed in respect of any premises the subject of a tenancy out of which a sub-tenancy has been created and the principal tenant bears those rates; or (c) the rent of a tenancy has been increased under section 56 or 56A and a sub-tenancy has been created out of that tenancy, the principal tenant may, if he cannot agree with the sub-tenant an increase in rent of the sub-tenancy, apply to the Commissioner in the specified form for a certificate under subsection (2).

(1A) For the purposes of subsection (1) (b), rates shall be deemed not to be imposed where rates become payable by reason only that the premises cease to be exempt from assessment to or payment of rates under section 36 of the Rating Ordinance (Cap. 116). (Added 29 of 1983 s. 21) (2) On receipt of an application under subsection (1) the Commissioner shall make such apportionment or aggregation of the rates as he considers necessary to determine the amount of rates attributable to the premises the subject of the sub-tenancy and shall serve on the principal tenant and on the sub-tenant certificates in the specified form stating the amount by which the rent of the sub-tenancy may be increased.

(3) Where the Commissioner has served a certificate under subsection (2), the rent of the sub-tenancy may be increased by the amount shown in the certificate, but the increase in rent shall not take effect except in pursuance of a notice of increase in the specified form served by the principal tenant on the sub-tenant specifying the date from which the increase is to take effect.

(4) The date specified in a notice of increase under subsection (3) shall be not earlier than- (a) the date from which the increased rates or the rates imposed, as the case may be, are payable; (b) the date on which the increase in rent of the principal tenancy on account of rates became payable; or (c) 24 months prior to the date of service of the notice of increase on the sub-tenant, whichever is the later. (Amended 29 of 1983 s. 21) (Replaced 10 of 1975 s. 11) 63A. Increase in rent of sub-tenancy on account of improvements (1) Where the rent of a tenancy has been increased under section 55A and a sub-tenancy has been created out of that tenancy, the principal tenant may, subject to subsection (3), increase the rent payable by the sub- tenant by such appropriate amount as may be agreed between them.

(2) In the absence of any agreement between the principal tenant and his sub-tenant under subsection (1), the Commissioner may, on an application in the specified form, determine the amount by which the rent payable by the sub-tenant is to be increased, and after any such determination, shall serve a notice of his determination on both parties. (Replaced 77 of 1988 s. 9) (3) Where the rent payable by a sub-tenant is increased following a determination of the Commissioner under this section the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the principal tenant on the sub-tenant, specifying the increase and the date from which it is to take effect.

(4) The date specified in a notice of increase under subsection (3) shall be such date as shall be determined by the Commissioner.

(5) Where a principal tenant serves on a sub-tenant a notice of increase under subsection (3), the principal tenant shall send a copy of that notice to the Commissioner.

(6) Any person aggrieved by the determination of the Commissioner under subsection (2) may, within 1 month of the service of the notice of determination under subsection (2), appeal to the Tribunal which may make such order thereon as it thinks fit. (Added 76 of 1981 s. 44. Amended 77 of 1988 s. 9) (Added 56 of 1976 s. 7. Amended 76 of 1981 s. 44) 64. Effective date for increases (1) No increase in rent in any tenancy pursuant to a certificate under section 58 or 59 or to an order of the Tribunal under section 60 or in any sub-tenancy under section 62 shall take effect within a period of 2 years from- (Amended 76 of 1981 s. 45) (a) the date on which the rent of the tenancy or sub-tenancy was last increased, whether or not such increase was by agreement; or (b) the date of the tenancy or sub-tenancy, whichever is the later. (Replaced 6 of 1980 s. 11) (2)-(4) (Repealed 6 of 1980 s. 11) (5) Where a tenancy or sub-tenancy was created after 18 December 1979 or, in the case of a tenancy or sub-tenancy to which this Part applied immediately before that date, at any time after 14 December 1973 or where the rent of a tenancy or sub-tenancy has been increased under section 55 or pursuant to a certificate under section 58 or 59 or an order of the Tribunal under section 60, or under section 62 and the rent of the tenancy or sub-tenancy has been increased or further increased pursuant to a certificate under section 58 or 59 or an order of the Tribunal under section 60, or under section 62, no order shall be made for the recovery of any increased rent or for the recovery of possession for non-payment thereof unless the landlord or principal tenant satisfies the court that 2 years has or will have elapsed between the commencement of the tenancy or sub-tenancy or the previous increase in rent and the date on which the increase or further increase takes effect. (Amended 6 of 1980 s. 11; 76 of 1981 s. 45) (6) For the purposes of this section rent shall, until the contrary is proved, be deemed to have been increased if the tenant or sub- tenant has made any payments, other than rates, to the landlord or the principal tenant, and such additional payments have been made as a condition of the right to occupation of the premises.

(7) Any increase in rent under section 55A or 63A shall not be an increase in rent for the purposes of this section. (Added 29 of 1983 s. 22) 65. Provision of rent receipts (1) A landlord shall give to his tenant, and a principal tenant shall give to his sub-tenant, at the time that the tenant or sub-tenant pays his rent, a receipt for the amount of rent paid and the receipt shall contain- (a) the name and address of the landlord or principal tenant or the agent thereof, as the case may be; (b) the period in respect of which such rent was paid; and (c) the date of payment.

(2) A landlord or principal tenant who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $ 2,000.

66. Obligation to notify subletting of premises (1) Where the whole or any part of any premises is sublet, the tenant of the premises shall, within 14 days of being so required by his landlord, supply his landlord with a statement in writing of the subletting showing- (Amended 6 of 1980 s. 12; 32 of 1985 s. 17) (a) the name of the sub-tenant; (b) the part of the premises occupied by the sub-tenant; (c) the rent payable by the sub-tenant; and (d) the date of first occupation by the sub-tenant. (Replaced 5 of 1975 s.

6) (2) A tenant who is required to supply a statement in accordance with subsection (1) and who, without reasonable excuse- (a) fails to supply a statement; or (b) supplies a statement which is false in any material particular, shall be guilty of an offence and shall be liable on conviction to a fine of $ 2,000.

67. (Repealed 29 of 1983 s. 23) General 68. Proceedings in, and jurisdiction of, court or Tribunal (1) Subject to subsections (1A) and (2), neither the Commissioner nor any public officer employed in the Rating and Valuation Department shall be called to give evidence in proceedings before the court or the Tribunal and no subpoena shall be issued against the Commissioner or such public officer. (Amended 93 of 1975 s. 17; 76 of 1981 s. 46) (1A) The Commissioner or any public officer employed in the Rating and Valuation Department may be called to give evidence in any proceedings under sections 51 (8), 53, 53A and 60. (Added 93 of 1975 s. 17. Amended 76 of 1981 s. 46) (2) Notwithstanding subsection (1), a subpoena duces tecum may be issued against the Commissioner requiring him to produce in any proceedings an application under section 51 (4), 51 (4A), 56A (1), 57 (1), 59 (1) or 63 (1), and a subpoena issued under this subsection shall be deemed to be complied with by the production of any document specified in the subpoena by any public officer employed in the Rating and Valuation Department.

(Amended 10 of 1975 s. 13; 39 of 1979 s. 16; 76 of 1981 s. 46) (3)-(5) (Repealed 76 of 1981 s. 46) (6) The court shall have the jurisdiction conferred on it by this Part notwithstanding anything in the District Court Ordinance (Cap. 336).

(7) Subject to section 68A, any determination or order, other than a conviction, of the court or the Tribunal under this Part shall be final.

(Replaced 93 of 1975 s. 17. Amended 76 of 1981 s. 46) 68A. Appeal on point of law (1) Any party to proceedings before the court or the Tribunal may appeal to the Court of Appeal against a determination or order other than a conviction of the court or the Tribunal on the ground that such determination or order is erroneous in point of law. (Amended 92 of 1975 s. 59; 76 of 1981 s. 47) (2) An appeal under this section shall be- (a) in the case of an appeal from the court, subject to any rules made under the Supreme Court Ordinance (Cap. 4); and (b) in the case of an appeal from the Tribunal, subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance (Cap. 17).

(Replaced 76 of 1981 s. 47) (Added 93 of 1975 s. 18) 68B. Costs In any proceedings under this Part, the Tribunal shall not make any order as to costs against a party unless that party has conducted his case in a frivolous or vexatious manner.

(Added 76 of 1981 s. 48) 69. (Repealed 76 of 1981 s. 49) 70. Exercise of powers of Commissioner (1) The Commissioner may, for the purposes of this Part- (a) serve on any person a requisition in the specified form requiring him to furnish to the Commissioner, within such reasonable period as the Commissioner may specify in the form, the particulars reasonably required by the Commissioner by the requisition; (Amended 40 of 1984 s. 25) (b) require the landlord, tenant or sub-tenant or former landlord, tenant or sub-tenant of any premises to exhibit to him all documents relating to the tenancy and user of the premises, including leases, receipts for rent, rent-books and accounts, and the Commissioner may take copies of those documents; (c) at any reasonable time, with the consent of the occupier, enter and inspect any premises and take such measurements and other particulars as he thinks fit; (ca) require the occupier or other person in control of the premises, following not less than 24 hours notice in writing delivered at the premises, to allow the Commissioner to enter and inspect those premises at any reasonable time and take such measurements and other particulars as he thinks fit; (Added 40 of 1984 s. 25) (d) after the expiry of not less than 24 hours notice in writing to the occupier of the premises or, if the occupier cannot be found, to the occupier cannot be found, to the landlord or other person in control of the premises, enter at any reasonable time during day-light (using such force as may be necessary) and inspect any premises and take such measurements and other particulars as he thinks fit. (Replaced 29 of 1983 s. 24) (2) Any public officer or class of public officer employed in the Rating and Valuation Department and authorized in writing in that behalf by the Commissioner may exercise any of the powers and perform any of the duties conferred or imposed on the Commissioner by this Part.

70A. Refusal to furnish information and obstruction (1) Any person who, without reasonable excuse- (a) refuses or neglects to furnish any of the particulars specified under section 70 (1) (a); (b) refuses or neglects to exhibit any document he is required to exhibit under section 70 (1) (b); (c) refuses to allow the Commissioner to take copies of any document exhibited under section 70 (1) (b); or (d) obstructs or evades the exercise of any power under section 70 (1) (c), (ca) or (d), (Replaced 40 of 1984 s. 26) commits an offence and is liable to a fine of $ 10,000 and to imprisonment for 3 months. (Added 29 of 1983 s. 25. Amended 40 of 1984 s. 26) (2) Where the Commissioner is frustrated or obstructed in the exercise of any power under section 70 (1) (c), (ca) or (d), he may apply to the court for an order authorizing him to enter and inspect the premises concerned and exercise his powers and requiring the landlord, tenant, sub-tenant, occupier or person having control of the premises to allow the Commissioner to enter and inspect those premises and exercise his powers; and the court shall have jurisdiction to make such order as it thinks fit.

(Added 40 of 1984 s. 26) (3) An application under subsection (2) may be made at the conclusion of any proceedings in respect of an alleged offence under subsection (1) (whether or not any person is convicted) or independently of any such proceedings. (Added 40 of 1984 s. 26) (4) In this section, "court" means the District Court, the Tribunal or a magistrate. (Added 40 of 1984 s.

26) 70B. Harassment (1) Any person who unlawfully deprives a tenant or sub-tenant of occupation of any premises commits an offence and is liable on conviction on indictment to a fine of $ 500,000 and, in addition, on a second or subsequent conviction, to imprisonment for 12 months.

(2) Any person who, with intent to cause a tenant or sub-tenant- (a) to give up occupation of any premises or part of premises; or (b) to refrain from exercising any right or pursuing any remedy in respect of any premises or part of premises, does any act calculated to interfere with the peace or comfort of the tenant or sub-tenant or members of his household or persistently withdraws or withholds services reasonably required for occupation of the premises as a dwelling commits an offence and is liable on conviction on indictment to a fine of $ 500,000 and, in addition, on a second or subsequent conviction, to imprisonment for 12 months.

(3) Where a person is convicted of an offence under subsection (1) or (2), the court, in addition to passing sentence, may order the person convicted to pay to the tenant or sub-tenant such sum as it thinks fit by way of compensation for damage, loss or inconvenience suffered by the tenant or sub-tenant by reason of the acts constituting the offence and to forfeit to the Crown a sum not exceeding the equivalent of the difference at the date of the contravention between the market value of the premises with vacant possession and the market value of the premises with the former tenant or sub-tenant in possession.

(Added 29 of 1983 s. 25) 70C. False statement Any person who, in any document required under this Part to be lodged with or served on the Commissioner, makes a false statement, knowing it to be false or not believing it to be true, commits an offence and is liable to a fine of $ 5,000.

(Added 40 of 1984 s. 27) 71. Forms (1) The Commissioner may specify the forms to be used under this Part.

(2) The Commissioner may publish in the Gazette any form specified by him under subsection (1).

(3) The Commissioner may in his discretion accept any notice or application served on him which is not in the specified form.

72. Enlargement of time The Commissioner may extend any time fixed by this Part for the making of any application to him or for the lodging of any document with him except a notice under section 55.

(Amended 40 of 1984 s. 28) 73. (Repealed 76 of 1981 s. 50) 74. Service of notice (1) Service of any notice, application, certificate or other document under this Part or of a notice to quit in respect of a periodic tenancy, or sub-tenancy, to which this Part applies may be effected- (Amended 40 of 1984 s. 29) (a) by personal service; (b) by post, addressed to the last known place of business or residence of the person to be served; (Amended 39 of 1979 s. 17; 29 of 1983 s. 26) (c) in the case of service on a tenant or subtenant, by leaving the notice, application, certificate or other document with an adult occupier of the premises in which the tenant or sub-tenant resides and to which such document relates; or (d) by affixing a copy of it to a prominent part of the premises to which it relates. (Added 29 of 1983 s. 26) (2) A certificate purporting to be signed by a person who states in that certificate that he effected service under subsection (1) shall be prima facie evidence of the facts stated therein relating to that service.

(Added 29 of 1983 s. 26) 74A. Saving Nothing in this Part shall- (a) authorize any increase in rent in respect of a tenancy or sub-tenancy which is not a tenancy or sub-tenancy continuing under section 52 (1); or (Replaced 40 of 1984 s. 30) (aa) (Repealed 76 of 1981 s. 51) (b) subject to section 53 (1) (c), (4A), (4B), (5), (6), (6A) and (6B), afford to any subtenant any security of tenure greater than that enjoyed by his principal tenant. (Amended 76 of 1981 s. 51; 29 of 1983 s. 27) 74B. Expiry of this Part (1) Subject to section 52 (4), this Part shall expire at midnight on 31 December 1994. (Amended 56 of 1976 s. 8; 39 of 1979 s. 18; 6 of 1980 s.

14; 52 of 1981 s. 10; 29 of 1983 s. 28; 32 of 1985 s. 18; L.N. 202 of 1987; L.N. 235 of 1989; L.N. 273 of 1991) (2) The Legislative Council may by resolution amend subsection (1) by substituting for the date specified therein such date as may be specified in the resolution. (Added 32 of 1985 s. 18) 74C. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 For the avoidance of doubt it is hereby declared that- (a) where prior to 18 December 1979 a tenant or sub-tenant- (i) was in possession of premises under a tenancy or sub-tenancy which became subject to this Part on that date by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980); and (ii) made an agreement with his landlord or principal tenant for a new tenancy or sub-tenancy of the premises to commence on or after 18 December 1979, or for a continuation of the existing tenancy or sub-tenancy at an increased rent to take effect on or after that date, he shall be entitled to the benefits and protection afforded by this Part as if the agreement had not been made; (b) where a tenant or sub-tenant- (i) was immediately prior to 18 December 1979 in possession of premises under a tenancy or sub-tenancy which was subject to this Part, or which became subject to this Part on that date by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980); and (ii) made an agreement with his landlord or principal tenant on or after 18 December 1979 and before the commencement of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980) for an increase in rent, the amount of rent recoverable by the landlord or principal tenant shall be the amount so agreed, whether or not any notice has been lodged under section 55; (c) where a tenant or sub-tenant has paid by way of rent any amount which, by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980), is not recoverable by the landlord or principal tenant, the tenant or sub-tenant shall be entitled to recover the amount from the landlord or principal tenant who received it or from his personal representatives.

(Added 6 of 1980 s. 15) (Part II replaced 78 of 1973 s. 2) PART III DISTRESS FOR RENT Interpretation and Application 75. Interpretation In this Part, unless the context otherwise requires- "Collector of Rates" has the meaning assigned to it in section 2 of the Rating Ordinance (Cap. 116); (Added 37 of 1986 s. 4) "court" means the District Court; "rateable value" means- (a) in the case of premises being a tenement included in a valuation list maintained by the Collector of Rates under section 14A of the Rating Ordinance (Cap. 116), the rateable value shown in that list; or (b) in any other case, the rateable value certified under section 75A; (Added 37 of 1986 s. 4) "Registrar" means the Registrar of the District Court; "warrant" means a warrant of distress for arrears of rent.

(Amended 5 of 1924 Schedule; 13 of 1966 Schedule) 75A. Certificate as to rateable value For the purposes of ascertaining the rateable value of any premises in connection with any application under section 101 a certificate purporting to be under the hand of an officer of the Rating and Valuation Department not below the rank of Rent Officer showing in respect of any particular day- (a) in the case of premises being a tenement included in a valuation list maintained by the Collector of Rates under section 14A of the Ration Ordinance (Cap. 116), the rateable value shown in that list; or (b) in any other case, whether or not the rateable value of those premises exceeds the sum mentioned in section 101 (1), shall be admissible in any proceedings on its production and without further proof and shall be prima facie evidence of the facts stated therein.

(Added 37 of 1986 s. 5) 76. Application of this Part The provisions of this Part shall extend to New Kowloon and to any other land exempted from Part II of the New Territories Ordinance (Cap. 97), notwithstanding anything contained in that Ordinance.

(Replaced 9 of 1950 Schedule) Jurisdiction 77. Issuing of warrants of distress The court shall have jurisdiction to issue warrants of distress for arrears of rent in all cases, without respect to the value of the property on which the rent is to be levied and without respect to the amount of rent to be levied.

(1 of 1883 s. I incorporated) 78. Penalty for unauthorized distress (1) No distress shall be levied for arrears of rent except under the provisions of this Part.

(2) Any person, not being a bailiff or officer acting under this Part, who levies or attempts to levy any such distress shall be liable on summary conviction to a fine of $ 500 or to imprisonment for 3 months, in addition to any other liability which he may have incurred by his proceedings. (I of 1883 s. 2 incorporated. Amended 51 of 1911 s. 4; 21 of 1912; 22 of 1950 Schedule) 79. Limitation of time for issue of warrant No warrant shall be issued in any case for arrears of rent due for more than 12 months at the time of the application.

(1 of 1883 s. 5 incorporated) 80. Fees No fees shall be taken or demanded for distress under this Part except those prescribed in the Fourth Schedule.

(1 of 1883 s. 4 incorporated. Amended 50 of 1911; 62 of 1911 Schedule) Making of distress 81. Application for warrant Any person claiming to be entitled to arrears of rent, or his duly constituted attorney or agent, may apply for a warrant.

(1 of 1883 s. 6 incorporated) 82. Form of affidavit Every application for a warrant shall be supported by an affidavit in Form 1 in the Fifth Schedule, sworn in like manner as other affidavits in the court. (1 of 1883 s. 8 incorporated. Amended 50 of 1911; 51 of 1911; 20 of 1948 s. 4) 83. Issue of warrant A warrant in Form 2 in the Fifth Schedule may be issued by a judge or, in the absence of any judge from the court house, by the Registrar, returnable within 6 days and addressed to a bailiff of the court.

(1 of 1883 s. 9 incorporated. Amended 50 of 1991; 62 of 1911; 20 of 1948 s. 4) 84. Refusal of warrant The judge or Registrar to whom application is made may, on examination of the person applying for a warrant, decline to issue the same.

(1 of 1883 s. 10 incorporated. Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule) 85. Appeal from refusal (1) If a judge declines to issue a warrant, application may be made to the Court of Appeal under section 14 of the Supreme Court Ordinance (Cap. 4).

(Amended 92 of 1975 s. 58) (2) If the Registrar declines to issue a warrant, application may be made to a judge in the first instance. A deputy registrar may, however, refer any application to the Registrar.

(1 of 1883 s. 11 incorporated. Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule) 86. Time for making distress Every distress shall be made after sunrise and before sunset, and not at any other time, except by special leave of the court or a judge.

(1 of 1883 s. 12 incorporated. Amended 50 of 1911; 62 of 1911 Schedule) 87. Property liable to seizure In pursuance of a warrant, a bailiff shall seize the movable property found in or upon the house or premises mentioned in the warrant, and in the apparent possession of the person from whom the rent is claimed (hereinafter called the debtor), or such part thereof as may, in the bailiff's judgment, be sufficient to cover the amount of the rent, together with the costs of the distress.

(1 of 1883 s. 13 incorporated. Amended 8 of 1928 s. 2) 88. Property not liable to seizure A bailiff shall not seize- (a) things in actual use, in the hands of a person at the time of seizure; or (b) tools and implements not in use, where there is other movable property in or upon the house or premises sufficient to cover the amount of the rent and costs; or (c) goods of a temporary guest at an inn; or (d) goods of a lodger at a furnished lodging-house; or (e) the debtor's necessary wearing apparel; or (f) goods in the custody of the law; or (g) goods delivered to a person or firm exercising a public trade, to be carried, wrought, worked up, or managed in the way of the trade or employ of such person or firm. (Replaced 8 of 1928 s. 3) (1 of 1883 s. 14 incorporated) 89. Making of inventory on seizure On seizing any property under section 87, the bailiff shall make an inventory and appraisement of such property, and shall give a copy of such inventory and appraisement together with a notice in Form 3 in the Fifth Schedule, to the debtor or to any other person on his behalf, in or upon the said house or premises.

(1 of 1883 s. 15 incorporated. Amended 20 of 1948 s. 4) 90. Filing of inventory, etc.

The bailiff shall, as soon as may be, file in the court copies of the inventory and appraisement and notice given under section 89.

(1 of 1883 s. 16 incorporated) 91. Entry, and forcible entry (1) A bailiff or officer appointed to execute a warrant may break open inner doors.

(2) If he is denied admittance to any building in respect of which he has a warrant to distrain, after declaring his name and business, or if, after waiting a reasonable time, no person answers or is in the building, he may apply to the court for authority to break open outer doors and windows, so far as may be necessary to enable him to execute the warrant.

(3) The court, on being satisfied, by the affidavit of the bailiff or officer, that, there are no reasonable means of executing the warrant without breaking open the outer doors or windows, may grant an order in writing, addressed to a bailiff, authorizing him to break open, or have broken open, the doors and windows.

(4) Before executing such order, however, the bailiff shall inform any person in or about the building that he has such order and that he is about to act on it, unless the doors or windows are opened. (Amended 50 of 1911) (1 of 1883 ss. 17 & 18 incorporated) 92. Impounding of property seized The bailiff may impound or otherwise secure the property seized in or on the house or premises chargeable with the rent or may remove same.

(1 of 1883 s. 19 incorporated) Discharge of Warrant 93. Discharge or suspension of warrant or release of distress (1) The debtor, or any other person alleging himself to be the owner of any property seized under this Part, may, at any time within 5 days from such seizure, apply to the court to discharge or suspend the warrant or to release a restrained article; and the court may discharge or suspend the warrant or release the article, on such terms as it may think just.

(2) An applicant under subsection (1) shall give to the person who obtained the warrant and the bailiff who executed it 24 hours' notice of the application. The notice shall set out the facts on which the claim is founded and the facts shall be verified by affidavit.

(1 of 1883 s. 20 incorporated) 94. Costs of application The costs attending an application under section 93 and the costs attending the issue and execution of the warrant shall be in the discretion of the court, and shall be paid as the court directs.

(1 of 1883 s. 21 incorporated) 95. Wrongful distress If any claim is made to or in respect of any property seized under a warrant, or in respect of the proceeds or value thereof, by any person not being the debtor, the Registrar, on the application of the bailiff who seized the property, may issue a summons calling before the court the claimant and the person who obtained the warrant, and thereupon any action which may have been brought in respect of such claim shall be stayed, and the court, on proof of the service of such summons and that the property was so distrained, may order the plaintiff to pay the costs of all proceedings in such action after the service of such summons.

(1 of 1883 s. 22 incorporated) 96. Adjudication in case of wrongful distress (1) Every claim under section 95 shall be verified by affidavit setting out the facts on which it is founded. (Amended 51 of 1911) (2) When so verified the court shall adjudicate thereupon, and make such order between the parties in respect thereof, and of the costs of the proceedings, as it thinks fit.

(3) An order under subsection (2) shall be enforced as if it were an order made in an action brought in the court.

(1 of 1883 s. 23 incorporated) 97. Compensation for wrongful distress (1) In any case under section 93 or 95, the court may, if a claim for compensation is made at the time of application, and if it appears to the court that the landlord or bailiff had no reasonable ground for believing that the goods were properly distrainable, award such compensation by way of damages to the applicant or claimant, as the case may be, as the court thinks fit, and may for that purpose make any inquiry it thinks necessary.

(2) The order of the court awarding or refusing compensation under subsection (1) shall bar any action in respect of injury caused by the distress.

(1 of 1883 s. 24 incorporated) 98. Power to allow time for payment of rent The court may, at any time, on the application of the debtor and on reasonable notice being given of the application to the person who obtained the warrant, give time to the debtor to pay the rent due from him, on such terms as it may think just and reasonable. (1 of 1883 s. 25 incorporated. Amended 50 of 1911; 62 of 1911 Schedule) Sale of Distress 99. Mode of sale of distress (1) In default of any order to the contrary, the distrained property shall be sold on the day mentioned in the notice given under section 89 and the sale shall be conducted at such place and time and by such auctioneer or bailiff as the Registrar may direct.

(2) The auctioneer or bailiff shall, or realizing the proceeds, pay over the amount thereof to the court, and such amount shall be applied first in payment of the costs of the distress, and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor.

(1 of 1883 s. 26 incorporated) 100. Right of debtor as to manner of sale The debtor may require that the sale shall take place in any other manner than that directed by the Registrar, on giving security for any extra costs or loss thereby, or that, in the opinion of the Registrar, may be thereby occasioned.

(1 of 1883 s. 27 incorporated) Deserted Premises 101. Case of deserted premises, where no distress left (1) If a tenant of premises with a rateable value not exceeding $30,000 at the time of an application for a warrant under this section is in arrears for 2 months and deserts the demised premises and leaves the same uncultivated or unoccupied, so as no sufficient distress can be had to countervail the arrears of rent, the court may, on the application of the lessor or landlord or his agent and on information upon oath, issue its warrant authorizing any bailiff to enter on the premises, breaking any doors, windows, or gates, if necessary; and, if the premises are found to be deserted with no sufficient distress therein, to place the same in charge of a bailiff and to affix a notice thereon, in a conspicuous place, that, unless cause to the contrary is shown before the court within 10 days, the premises will be given over to the applicant. (Amended 37 of 1986 s. 6) (2) If no such cause is shown, the court may, on proof of the fact of desertion, of non-payment of at least 2 months' rent last due, of want of sufficient distress ad that the applicant is the lessor or landlord of the premises or entitled under this Part to a warrant, make an order directing a bailiff to put the applicant in possession of the premises, and the demise shall become void.

(3) The Legislative Council may by resolution amend the sum mentioned in subsection (1). (Added 37 of 1986 s. 6) (1 of 1883 s. 28 incorporated) [cf. 1737 c. 19 s. 16 U.K., 1817 C. 52 U.K.] Rules as to Distress 102. Distress for arrears of rent on determination of lease Arrears of rent may be distrained for after the end or determination of any term or lease at will, in the same manner as if such term or lease had not been ended or determined: Provided that such distress is made during the continuance of the possession of the tenant from whom such arrears became due.

(1 of 1883 s. 29 incorporated) 103. Priority of landlord's right No personal property shall be removed from any premises under any writ from any court, other than writs in Crown suits, until the claim for rent due to the landlord or lessor or person entitled to receive the rent is satisfied: Provided that such claim shall not in any case exceed the amount due for 6 months' rent last due.

(1 of 1883 s. 30 incorporated) [cf. 1709 c. 18 or c. XIV U.K.] 104. Property seized under writ or warrant of High Court or the District Court (1) If personal property, otherwise liable to distress for rent, is, at the time of the issue of a warrant or thereafter before seizure by the bailiff under the warrant, seized under any writ or warrant of the High Court or the District Court, the bailiff shall not seize the personal property, but shall return the warrant into court and deliver copies thereof to the execution creditor or his agent and to the debtor, either personally or by leaving the same at the place where the goods were seized. (Amended 1 of 1953 Fourth Schedule; 92 of 1975 s. 59) (2) The execution creditor or debtor or either of them may apply to the court to discharge or suspend the warrant within the time and in the manner mentioned in section 93, and if no application is made within the prescribed time, the Registrar shall out of the first money to be received by him from the officer executing the writ or warrant, pay over to the person obtaining the warrant the amount thereof: Provided that if the amount mentioned in the warrant exceeds the amount due for 6 months' rent, the Registrar shall pay the amount of rent due for 6 months and the costs and no more.

(1 of 1883 s. 31 incorporated) 105. Distraint after satisfaction of execution If any execution is paid off after the issue of a warrant, the bailiff shall immediately execute the warrant.

(1 of 1883 s. 32 incorporated) 106. Persons who may apply for warrant The following persons may, either personally or by their attorneys or agents, apply for warrants to distrain for arrears of rent due to the estates represented by them; that is to say- (a) executors or administrators of any lessor or landlord or person entitled to receive rents; (b) guardians for infants; (c) committees of lunatics for the lunatics; (d) receivers appointed by courts for the estate over or for which they are appointed; (e) assignees and trustees in bankruptcy for the estate of the bankrupt; (f) mortgagees for the property mortgaged, if the mortgagee is in possession; (g) trustees for the estate over which the trust extends; (h) lessees against their underlessees; and (i) the Registrar for premises seized under execution, if rented to tenants by the person against whom the execution is issued, or otherwise rented so that the rent is payable to such person.

(1 of 1883 s. 33 incorporated. Amended 72 of 1971 s. 3) 107. Right of one of several parties interested to institute proceedings Where a right to distrain accrues to parties jointly interested or together interested in any premises, such as coparceners, joint tenants, tenants in common, executors, administrators, trustees, guardians, partners, or otherwise, proceedings under this Part may be taken by any one of such parties, in his own name and the name or names of those jointly or together interested with him, and the levying of rent so distrained for shall be a complete discharge to the tenant for the rent or for so much thereof as may be so levied; and the party so levying shall be liable to account to the parties having the interest jointly or together with him for all sums so levied: Provided that if, in any particular case, it appears to the court or to the Registrar to be advisable to do so, the court or the Registrar may require the party so applying to produce a written authority to distrain, signed by one or more of the persons jointly or together interested with him. (Amended 50 of 1911; 62 of 1911 Schedule) (1 of 1883 ss. 34 & 35 incorporated) 108. Removal of property under distraint No property found at the time of distraint in or on any premises as to which an arrears of rent is due shall be removed from the premises without the consent of the person issuing the warrant, or by direction of the Registrar, until satisfaction is made for the rent due, if the arrears has accrued during the current tenancy, and if at any time the property would have been liable to distraint for rent under this Part; and the landlord or lessor shall be entitled to require the bailiff, on giving the bailiff a sufficient indemnity, to the satisfaction of the Registrar, to follow the property, if removed, and seize the same under the warrant, whether or not the property was afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge, or otherwise. (1 of 1883 s. 36 incorporated) 109. Following property liable to seizure and removed If the tenant or lessee or person in possession or occupation of any premises on which there is an arrears of rent due, recoverable by distress, removes or carries away, or causes or permits to be removed or carried away, from the premises any movable property liable to be seized for such rent, so as to prevent or hinder the bailiff from distraining the same, the court may, on application verified by affidavit, authorized the bailiff to whom the warrant to distrain for the rent on such premises is addressed, and the officers acting with him, to follow and to take and seize the property as a distress for the arrears of rent, wherever the same may be found, at any time within 30 days from the day of its removal, exclusive of the day of removal, and to deal with the property so removed in the same way as if it had been found on the premises, and, if advisable to do so, to place the same again in the premises: Provided that the bailiff may, without such authority, follow and seize any such property found by him in the act of being removed from any such premises, and before the same is placed in any other house or building.

(1 of 1883 ss. 37 & 38 incorporated) 110. Restoration of property removed but bona fide sold If the property or any part thereof so removed or carried away under section 108 or 109 has been sold bona fide and for a sufficient consideration, before or after removal from the premises distrained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was removed or carried away, or was to be removed or carried away, so as to prevent or hinder the landlord or lessee from distraining, the same, or so much thereof as has been so sold, shall be restored by the bailiff distraining or by the court on application under section 93.

(1 of 1883 s. 39 incorporated) 111. Fraudulent removal of property by tenant Any tenant or lessee or person in possession or occupation who fraudulently removes or carries away movable property under section 108 or 109, and any person who wilfully and knowingly aids or assists such tenant or lessee or person in such fraudulent removal or carrying away, shall be deemed to be guilty of an offence triable upon indictment. (1 of 1883 s.

40 incorporated. Amended 50 of 1991 s. 4) 112. Protection against irregularity in proceedings Where any distress is made for any sum of money to be levied by virtue of this Part, the distress itself shall not be deemed unlawful, not the party making the same be deemed a trespasser, on account of any defect or want of form in the proceeding relating thereto, nor shall the party distraining be deemed a trespasser from the beginning on account of any irregularity which may afterwards be committed by the party so distraining, but the person aggrieved by such irregularity may recover satisfaction for the special damages in an action under section 97.

(1 of 1883 s. 42 incorporated) General 113. Exclusion of Crown rents Nothing in this Part shall be held to apply to rent due to the Crown.

(1 of 1883 s. 43 incorporated) 114. Power to amend schedules The Governor may by notice published in the Gazette amend the Fourth Schedule and the Fifth Schedule in any manner whatsoever.

(Added 17 of 1929 s. 2. Amended 72 of 1973 s. 2) PART IV NEW TENANCIES OF DOMESTIC PREMISES Interpretation and Application 115. Interpretation (1) In this Part, unless the context otherwise requires- "Commissioner" means the Commissioner of Rating and Valuation; "current tenancy" means a tenancy which is subsisting (whether or not continued by section 117) at the time when a notice is served under section 119 (1) or a request made under section 119A (1); "date of termination" means the date stated in a notice served under section 119 (1) as the date at which the tenancy is to come to an end; "domestic tenancy" has the meaning given to that phrase by section 51; "forfeiture" means forfeiture- (a) for breach of any provision of a tenancy; or (b) under a provision of a tenancy allowing forfeiture or determination following the destruction, or partial destruction, of or damage to the premises; (Added 40 of 1984 s. 31) "landlord" includes any person, other than the Crown, who is, from time to time, entitled to receive rent in respect of any premises an, in relation to a particular tenant, means the person entitled to receive rent from that tenant; "notice to quit" means a notice to terminate a tenancy give in accordance with the express or implied provisions of that tenancy; "premises" means the subject matter of any tenancy; (Added 29 of 1983 s. 29) "prevailing market rent" means the rent, exclusive of rates at which premises the subject matter of a tenancy to which this Part applies might reasonably be expected to be let, at the date on which the current tenancy would, apart from section 119N, have come to an end under section 119(1) or section 119a (5), on the terms of the new tenancy granted under this Part, but disregarding the effect of this Ordinance; (Amended 29 of 1983 ss. 29 & 46) "tenancy" means a tenancy entered into orally or in writing and includes- (a) an agreement for a tenancy; (b) a sub-tenancy; and (c) a tenancy continued or granted under this Part; 'tenant" does not include a Crown lessee but includes- (a) a sub-tenant; and (b) a public body, corporation, foreign or Commonwealth Government, partnership or firm which is the tenant of premises which is the subject matter of a tenancy to which this Part applies; "Tribunal" means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap. 17) (2) For the purposes of ascertaining whether a tenancy is a domestic tenancy, section 51 shall apply to this Part as it applies to Part II.

(3) No notice or application under this Part shall, for the purposes of the Land Registration Ordinance (Cap. 128), be regarded as an instrument in writing by which any parcel of ground, tenement or premises may be affected or as creating a lis pendens. (Added 29 of 1983 s. 29) [cf. 1954 c. 56 s. 46 U.K.] 116. Application of this Part (1) Subject to subsections (2) and (3), this Part applies to any domestic tenancy whether created before, on or after 19 December 1981 and notwithstanding any provision in such tenancy, including any provision purporting generally or specifically to exclude this Part. (Amended 29 of 1983 s. 30) (1A) Where Part II ceases to apply to a tenancy because that tenancy becomes a tenancy mentioned in paragraph (m) of section 50 (6), this Part shall apply to that tenancy. (Added 29 of 1983 s. 30) (1B) Where Part II ceases to apply to a tenancy under section 51A or 51B, this Part shall apply to that tenancy. (Added 40 of 1984 s. 32) (2) This Part shall not apply to any tenancy- (a) to which Part I or part II applies; or (b) which is excluded from Part II by paragraph (b), (c), (d), (e) or (n) of section 50 (6), whether or not the tenancy is also excluded from Part II by paragraph (1), (m) or (0), or all those paragraphs, of that section; or (Replaced 29 of 1983 s. 30) (c) of premises which is subsisting at the time an order under section 4 is made in respect of those premises; or (Added 29 of 1983 s. 30) (d)which is entered into under an authority under section 53 (7A) (a) (ii) or an authority by the Commissioner under section 119H (2) (a).

(Added 29 of 1983 s. 30) (3) This Part shall not apply to a tenancy entered into in writing for a term not exceeding 1 year which is endorsed by the Commissioner under subsection (4).

(4) When the Commissioner is satisfied that a tenancy mentioned in subsection (3)- (a) has been entered into for a period during which, or for most of which, the landlord will be absent from Hong Kong or for any other special reason acceptable to the Commissioner, the landlord is unable to, or does not wish to, occupy the premises; or (b) is a tenancy (which is not a sub-tenancy) of premises- (i) which are, in his opinion, fully furnished; and (ii) in respect of which the landlord is obliged by the terms of the tenancy to maintain and repair the premises, furnishings and fittings; or (c) is a sub-tenancy of premises which are- (i) in his opinion, fully furnished and in respect of which the principal tenant is obliged by the terms of the sub-tenancy to maintain and repair the premises, furnishings and fittings; and (ii) under a principal tenancy which is excluded under paragraph (b), and that the tenant or sub-tenant understands the effect of excluding the tenancy or sub-tenancy from this Part, he may endorse the agreement to the effect that this Part does not apply to the tenancy or sub-tenancy.

(Replaced 40 of 1984 s. 32. Amended 32 of 1985 s. 19) (4A) An application to the Commissioner for his endorsement under subsection (4) shall be accompanied by such fee as may be determined by the Financial Secretary.

(Added 32 of 1985 s. 19) (5) (a) The benefits and protection afforded by this Part shall, in any tenancy to which it applies, be available to the widow, widower, mother, father or any daughter or son over the age of 18 years of the tenant where she or he was residing with the tenant at the time of the tenant's death; and, for the purposes of this Part, references to a tenant shall except in this subsection include a reference to such window, widower, mother, father, daughter or son.

(b) Only one person mentioned in paragraph (a) shall be entitled to the benefits and protection of this Part at one time and, in default of agreement by those persons, the Tribunal shall nominate that person on such grounds as appears to it to be just and equitable. (Added 29 of 1983 s. 30) (c) The benefits and protection afforded by this Part shall not be available to a personal representative of a deceased tenant or, notwithstanding any will or the law of succession on intestacy, any other person who is not a person mentioned in paragraph (a) as entitled to those benefits and that protection.

(Added 40 of 1984 s. 32) (6) (Repealed 40 of 1984 s. 32) Continuation and Renewal of Tenancies 117. Continuation of tenancies and grant of new tenancies (1) A tenancy shall not come to an end unless terminated in accordance with this Part; and a tenant may apply to the Lands Tribunal for a new tenancy- (a) if the landlord has given notice under section 119 to terminate the tenancy; or (b) if the tenant has made a request for a new tenancy under section 119A.
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