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LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE (2) Subsection (1) shall not prevent the coming to an end of a tenancy by notice to quit given by the tenant, by surrender or forfeiture or by the forfeiture of a principal tenancy unless- (a) in case of a notice to quit, the notice was given before the tenant had been in occupation in right of the tenancy for 1 month; or (b) in the case of an instrument of surrender, it was executed before, or was executed in pursuance of an agreement made before, the tenant had been in occupation in right of the tenancy for 1 month.

[cf. 1954 c. 56 s. 24 U.K.] 118. Notices given before this Part applies (1) Where, at a time when a tenancy is not one to which this Part applies, the landlord gives notice to quit or of termination under Part V or otherwise and the notice expires when the tenancy is one to which this Part applies, the notice shall have no effect.

(2) This section shall not apply to re-entry where the tenant has given cause for forfeiture.

(3) This section shall apply to notices given before 19 December 1981 as well as after that date.

119. Termination of tenancy by the landlord (1) Subject to section 119N, the landlord may terminate a tenancy by a notice given to the tenant in the specified form stating the date of termination. (See Form CR 101) (2) Subject to subsection (3), a notice under this section shall not have effect unless it is given not more than 7 not less than 6 months before the date of termination.

(3) (a) In the case of a tenancy which, apart from this Part, could have been brought to an end by notice to quit given by the landlord, the date of termination shall not be earlier than the earliest date on which, apart from this Part, the tenancy could have been brought to an end by notice to quit given by the landlord on the date of the giving of the notice under this section. (b) In the case of any other tenancy, a notice under this section shall not specify a date of termination earlier than the date on which apart from this Part the tenancy would have come to an end by effluxion of time. (4) A notice under this section shall not have effect unless it requires the tenant, within 2 months after the giving of the notice, to notify the landlord in the specified from whether or not, at the date of termination, the tenant will be willing to give up possession of the premises comprised in the tenancy. (See Form CR 102) (5) A notice under this section shall not have effect unless it states whether the landlord would oppose an application to the Tribunal under this Part for the grant of a new tenancy and, if so, also states on which of the grounds mentioned in section 119E he would do so.

[cf. 1954 c. 56 s. 25 U.K.] 119A. Tenant's request for a new tenancy (1) A tenant under a current tenancy may make a request to the landlord for a new tenancy. (See Form CR 103) (2) A tenant's request for a new tenancy shall be for a tenancy beginning with such date, not more than 7 nor less than 6 months after the making of the request, as may be specified therein: Provided that the date shall not be earlier than the date on which, apart from this Part, the current tenancy would come to an end by effluxion of time or could be brought to an end by notice to quit given by the tenant.

(3) A tenant's request for a new tenancy shall not have effect unless it is made by notice in the specified form given to the landlord.

(4) A tenant's request for a new tenancy shall not be made if the landlord has already given notice under section 119 to terminate the current tenancy, or if the tenant has already given notice to quit or notice under section 119B; and no notice under section 119 shall be given after the making by the tenant of a request for a new tenancy. (Amended 29 of 1983 s. 31) (5) Where the tenant makes a request for a new tenancy in accordance with this section, the current tenancy shall, subject to sections 119M (2) and 119N, terminate immediately before the date specified in the request for the beginning of the new tenancy.

(6) Within 2 months of the making of a tenant's request for a new tenancy, the landlord may give notice in the specified form to the tenant that he will oppose an application to the Tribunal for the grant of a new tenancy; and any such notice shall state on which of the grounds mentioned in section 119E the landlord will oppose the application. (See Form CR 104) [cf. 1954 c. 56 s. 26 U.K.] 119B. Termination by tenant of tenancy for fixed term (1) Where the tenant under a current tenancy gives to the landlord, not later than 1 month before the date on which, apart from this Part, the tenancy would come toe an end by effluxion of time, a notice in writing that the tenant does not desire the tenancy to be continued, section 117 shall not have effect in relation to the tenancy, unless the notice is given before the tenant has been in occupation in right of the tenancy for 1 month.

(2) A tenancy which is continuing by virtue of section 117 may be brought to and end by not less than 1 month's notice in writing given by the tenant to the landlord, whether the notice is given after the date on which, apart from this Part, the tenancy would have come to an end or before that date, but not before the tenant has been in occupation in right of the tenancy for 1 month.

[cf. 1954 c. 56 s. 27 U.K.] 119C. Renewal of tenancies by agreement (1) Where the landlord and tenant agree for the grant to the tenant of a future tenancy of the premises on terms and from a date specified in the agreement, the current tenancy shall continue until that date but no longer and shall not be a tenancy to which this Part applies: Provided that an agreement for the grant of a future tenancy before the tenant has been in occupation in right of the current tenancy for 1 month shall not be enforceable by the landlord.

(2) Where the landlord and tenant agree for the grant to the tenant of a future tenancy but are unable to agree the rent payable, the parties may refer the rent for determination under section 119K and that section shall apply accordingly: Provided that the tenant may, within 1 month of that determination, serve a notice on the landlord declining to accept that future tenancy. (Added 29 of 1983 s. 32) [cf. 1954 c. 56 s. 28 U.K.] Application to Tribunal for new tenancy 119D. Order by Tribunal for grant of a new tenancy (1) Subject to section 119G, on an application under section 117 (1) the Tribunal shall make an order for the grant of a new tenancy.

(2) Where an application under section 117 (1) is made in consequence of a notice given by the landlord under section 119, the application shall not be entertained unless the tenant has notified the landlord in accordance with that notice that he will not be willing at the date of termination to give up possession of the premises comprised in the tenancy.

(3) (a) No application under section 117 (1) shall be entertained if it is made- (i) less than 2 months after, either, the giving of the landlord's notice under section 119 or, as the case may be, the making of the tenant's request for a new tenancy under section 119A; or (ii) more than 2 months after the giving of a notice in the specified form by the landlord to the tenant requiring the tenant to make such an application; or (See Form CR 105) (iii) after the current tenancy has terminated in accordance with this Part.

(b) A landlord shall not be entitled to give the notice mentioned in subparagraph (ii) of paragraph (a) before the expiry of the period of 2 months mentioned in subparagraph (i) of that paragraph.

[cf. 1954 c. 56 s. 29 U.K.] 119E. Opposition by landlord to application for new tenancy (1) The grounds on which a landlord may oppose an application under section 117(1) are such of the following grounds as may be stated in the landlord's notice under section 119, or as the case may be, the notice under section 119 (A) (6)- (a) any rent lawfully due from the tenant has not been paid or, where any covenant or condition of the tenancy has been broken or not performed, such breach or non-performance is, under the current tenancy, a cause of forfeiture; (b) the premises or any part thereof are reasonably required by the landlord for occupation as a residence for himself, his father, his mother or any son or daughter of his over the age of 18: (Amended 29 of 2983 s.

33) Provided that the Tribunal shall not refuse to grant a new tenancy by reason only of this ground if- (i) in the case of a tenancy, the tenant satisfies the Tribunal that in all the circumstances of the case, it would manifestly not be just and equitable to refuse to grant a new tenancy; or (ii) in the case of a sub-tenancy, the Tribunal is satisfied, in all the circumstances of the case, including the question whether other accommodation is available for the principal tenant or the sub-tenant, greater hardship would be caused by refusing to grant a new tenancy than by granting one; (c) the landlord intends to rebuild the premises; (d) The tenant has caused unnecessary annoyance, inconvenience or disturbance to the landlord or to any other person: Provided that no ground shall be established under this paragraph unless the Tribunal is satisfied that the annoyance, inconvenience or disturbance had continued after a warning in writing had been served by the landlord on the tenant causing the same; (e) the tenant has used, or has suffered or permitted the use of, the premises of which he is the tenant or any part thereof, for an immoral or illegal purpose, (f) the tenant has sublet the whole or any part of the premises of which he is tenant and does not occupy any part of the premises as his dwelling.

(Added 29 of 1983 s. 33) (2) The landlord shall not be entitled to oppose an application on the ground specified in paragraph (b) of subsection (1) if the interest of the landlord, or an interest which has merged in that interest and but for the merger would be the interest of the landlord, was acquired after the beginning of the period of 12 months which ends with the termination of the current tenancy, and at all times since the acquisition thereof the premises have been comprised in a tenancy or successive tenancies of the description specified in section 116 (1).

(2A) For the purposes of subsection (1) (b)- "landlord" includes one or more landlords, holding the premises jointly or in common, with the other landlord or landlords so holding assenting to the opposition to an application under section 117 (1); and "his father, his mother or any son or daughter of his" includes the father, mother, son or daughter of one or more landlords, holding the premises jointly or in common, with other landlord or landlords so holding assenting to the opposition to an application under section 117 (1).

(Added 29 of 1983 s. 33) (3) For the purpose of subsection (1) (d), a tenant who persistently fails to pay rent as and when it falls due may be regarded as causing unnecessary inconvenience to the landlord.

[cf. 1954 c. 56 s. 30 U.K.] 119F. Additional provisions regarding opposition on ground of intention to rebuild (1) The Tribunal shall not decline to make an order for the grant of a new tenancy on the ground mentioned in paragraph (c) of section 119E (1) unless, in addition, the landlord establishes that- (a) the rebuilding. will result in an increase in the number of dwellings or in accommodation for domestic use or in accommodation for other than domestic use; if for other than domestic use, the site of the premises is suitable for the intended use; or (b) the rebuilding is in the public interest; or (c) the expenditure required to restore or repair the premises would not be economically reasonable, and, where the approval or authority of any person is required in respect of the rebuilding, the Tribunal may- (i) state that the landlord has established the ground mentioned in paragraph (c) of section 119E 91) and one of the matters mentioned in paragraphs (a), (b) and (c) of this subsection; (ii) postpone the hearing of the application to enable the landlord to apply for that approval or authority; and (iii) if that approval or authority is obtained, but not otherwise, decline to make an order for the grant of a new tenancy.

(2) Where a landlord successfully opposes the grant of a new tenancy on the ground mentioned in paragraph (c) of section 119E (1), the Tribunal may impose any reasonable condition on the landlord in relation to his intention to rebuild the premises and shall order that compensation be paid to the tenant and- (a) that plans of the new building showing the number and size of any dwellings to be erected be lodged with the Tribunal and that the new building be erected to provide that number of dwellings; and (b) that the rebuilding work (including any demolition that is required) be commenced, and the new building be ready for occupation, on the dates ordered. (Amended 29 of 1983 s. 34; 32 of 1985 s. 20) (2A) For the purposes of any review under section 11A of the Lands Tribunal Ordinance (Cap. 17), the time limit mentioned in that section shall not apply to a decision, other than in relation to the payment of compensation, under subsection (2). (Added 29 of 1983 s. 34) (3) The Commissioner shall cause an order of the Tribunal made under this section to be registered by memorial in the Land Registry against the premises affected and the conditions imposed under subsection 92) shall be binding on and enforceable against any successors in title to the landlord. (Amended 8 of 1993 s. 2) (4) (a) The compensation ordered by the Tribunal under subsection (2) shall be the sum of- (i) a amount equal to twice the rateable value of the premises; (ii) an amount equal to the expenditure actually and reasonably incurred or to be reasonably incurred by the tenant and any sub-tenant in respect of the packing, removal and transportation within Hong Kong of the furniture and movable property kept in the premises; and (iii) an amount equal to the loss actually and reasonably incurred or to be reasonably incurred by the tenant and any sub-tenant in respect of carpets, curtains and fittings. (Replaced 40 of 1984 s. 33) (b) Where a tenant has sublet premises or any part of premises, the compensation payable under this subsection shall be apportioned by the Tribunal so that a sub-tenant shall be entitled to receive a portion of the compensation payable under paragraph (a) which is just and equitable.

(Amended 40 of 1984 s. 33) (c) Where it appears that premises or any part of premises is sublet, the Tribunal may call upon the Commissioner for a certificate as to which part of the premises is occupied by a sub-tenant and such a certificate purporting to be signed by or on behalf of the Commissioner shall be admissible in evidence for the purposes of paragraph (b) upon its mere production without further proof, subject to the right of any party, including any sub-tenant, to cross-examine the Commissioner or a public officer in his department nominated by the Commissioner for that purpose.

(d) For the purposes of this subsection- "rateable value" has the meaning given to that phrase by section 50 (10).

(Amended 29 of 1983 s. 34) (e) The method of calculating the compensation mentioned in paragraph (a) may be amended by resolution of the Legislative Council. (Replaced 40 of 1984 s. 33) (5) (a) Where there is a breach of a condition imposed under paragraph (a) of subsection (2) which results in fewer dwellings or less accommodation being 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 maker 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 landlord 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 Vesing 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 payable to the general revenue of a sum not exceeding $500,000.

(6) In this section, "dwelling" has the meaning given to that phrase by section 50C (1).

119FA. New tenancy of part of premises Subject to section 119E(1) (b), where an application under section 117 (1) is opposed on the ground mentioned in section 119E (1) (b) and the Tribunal is satisfied that only part of the premises is reasonably required, the Tribunal shall- (a) in a case where any tenant or sub-tenant is willing to accept such an order, make an order for the grant of a new tenancy or new tenancies in respect of such part or parts of the premises as the Tribunal thinks just and equitable having regard to those reasonable requirements and all the circumstances of the case; or (b) in any other case, decline to make an order for the grant of a new tenancy. (Added 29 of 1983 s. 35) 119G. Dismissal of application for new tenancy where landlord successfully opposes (1) If the landlord opposes an application under section 117 (1) on grounds on which he is entitled to oppose it in accordance with section 119E and, subject to section 119F, establishes any of those grounds to the satisfaction of the Tribunal, shall not make an order for the grant of a new tenancy.

(2) Where the Tribunal does not make an order for the grant of a new tenancy on a ground specified in paragraph (b) of section 119E (1), it shall specify the name of the person for whose occupation it is satisfied the premises are required. (Added 29 of 1983 s. 36) [cf. 1954 c. 56 s. 31 U.K.] 119h. Penalties (1) Subject to subsection (2), where the landlord successfully opposes the grant of a new tenancy- (a) on a ground specified in paragraph (b) or (c) of section 119E (1), he shall not, for a period of 24 months after the decision of the Tribunal declining to make an order for the grant of a new tenancy- (i) let the premises or any part thereof; or (ii) assign, transfer or part with possession of the premises or any part thereof except, in a case specified in paragraph (c) of section 119E (1), where the assignment, transfer or parting with possession is solely to facilitate the rebuilding of the premises; and (b) on a ground specified in paragraph (b) of section 119E (1), he shall not, for a period of 24 months after the decision of the Tribunal declining to make an order for the grant of a new tenancy, use, or allow the use of , the premises or any part thereof other than as a residence for the person for whose occupation the Tribunal was satisfied the premises were require under that subsection. (Replaced 29 of 1983 of s.

37) (2) (a) Where a landlord successfully opposes the grant of a new tenancy on the ground specified in paragraph (b) or (c) of section 119E (1), the Tribunal may authorize the landlord to- (i) let the premises or any part thereof; or (ii) assign transfer or part with possession of the premises or any part thereof; or (iii) use, or allow the use of, the premises or any part thereof other than as a residence for the person for whose occupation the Tribunal was satisfied the premises were required under paragraph (b) of section 119E (1), and the Commissioner may, on an application accompanied by such fee as the Financial Secretary may determine, authorize the landlord to let, use or allow the use of the premises as mentioned in subparagraph (i) or (iii) for a term not exceeding 1 year. (Replaced 29 of 1983 s. 37. Amended 32 of 1985 s. 21) (b) The Tribunal or the Commissioner, when granting an authority under paragraph (a) to let, shall specify the terms, including the rent, on which the premises or the part are to be let: Provided that the rent shall not be more than that payable by the tenant last in possession.

(3) Without prejudice to subsection (9), a landlord who contravenes subsection (1) 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, and in any case to forfeit a sum not exceeding the equivalent of- (a) in the case f a contravention of subsection (1) (a) (i), 2 years' rent calculated at the rate at which the premises were let without the authority of the Tribunal or the commissioner; or (b) in the case of a contravention of subsection (1) (a) (ii), the difference, at the date of the contravention, between the market value of the premises with vacant possession and the marker value of the premises with the former tenant in possession. (Amended 29 of 1983 s. 37) (4) Any court which sentences a landlord for an offence under subsection (3) may, in addition to imposing a penalty under that subsection, make an order under subsection (9) after hearing the former tenant and the defendant.

(5) (Repealed 29 of 1983 s. 37) (6) A letting, assignment, transfer or parting with possession of premises or part thereof shall not be void, voidable or unenforceable by reason only of a contravention of subsection (1).

(7) Where, in his opposition to an application for a new tenancy under section 117, the landlord alleges a ground mentioned in paragraph (b) or (c) of section 119E (1) but the application does not proceed and the tenant consents to deliver up vacant possession of the premises, the landlord shall be deemed, for the purpose of subsections (1), (8) and (9), to have successfully opposed the grant of a new tenancy on a ground specified in paragraph (b) or (c) of section 119E (1); and, for the purpose of fixing the commencement of the period mentioned in subsection (1), the date of the decision of the Tribunal declining to make an order for the grant of a new tenancy shall be deemed to be the date on which the landlord filed with the Tribunal his opposition to the grant of a new tenancy. (Amended 32 of 1985 s. 21) (8) A landlord who has successfully opposed the grant of a new tenancy on a ground specified in paragraph (b) or (c) of section 119E (1) shall be presumed, until the contrary is shown, to have knowledge of that opposition, of the application for a new tenancy, of the grounds alleged upon which the application and of any consent given by the tenant or sub- tenant in connection with the delivery of vacant possession.

(9) Where a landlord successfully opposes the grant of a new tenancy under section 119E (1) and it is subsequently made to appear to the Tribunal that the opposition was successful by reason of the misrepresentation or concealment of material facts or where the landlord is shown to have acted in contravention of subsection (1), the Tribunal or, as the case may be, the court referred to in subsection (4) may order the landlord to pay to the former tenant such sum as it thinks fit by way of compensation for damage or loss sustained by that tenant as a result of that opposition.

(Amended 32 of 1985 s. 21) (10) Where a tenant obtains the grant of a new tenancy under section 119D and it is subsequently made to appear to the Tribunal that the grant was obtained by reason of the misrepresentation or concealment of material facts, the Tribunal may order the tenant to pay to the landlord such sum as it thinks fit by way of compensation for damage or loss sustained by the landlord as a result of that grant.

119I. Duration of new tenancy Where on an application under this Part the Tribunal makes an order for the grant of a new tenancy, the new tenancy shall be such tenancy as may be agreed between the landlord and the tenant, or, in default of such an agreement, shall be such a tenancy as may be determined by the Tribunal to be reasonable in all the circumstances, being a tenancy for a term not exceeding 3 years, and shall begin on the coming to an end of the current tenancy or such other date as may be agreed between the landlord and the tenant or, in default of such agreement, as may be fixed by the Tribunal: (Amended 29 of 1983 s. 38) Provided that, if there is a principal tenancy which comes to an end within a term of 3 years, the Tribunal shall not determine the duration of the tenancy to be longer than the term until the principal tenancy comes to an end, less 3 days.

[cf. 1954 c. 56 s. 33 U.K.] 119J. Other terms of new tenancy The terms of a tenancy granted by order of the Tribunal under this Part (other than terms as to the duration thereof and as to the rent payable thereunder) shall be such as may be agreed between the landlord and the tenant or as, in default of such agreement, may be determined by the Tribunal; and in determining those terms the Tribunal shall have regard to the terms of the current tenancy and to all relevant circumstances. [cf.

1954 c. 56 s. 35 U.K] 119K. Rent under new tenancy (1) The rent payable under a new tenancy granted by order of the Tribunal shall be such as may be agreed between the landlord and tenant or as, in default of such agreement, may be determined by the Tribunal or by a valuation surveyor appointed by the Tribunal, to be a prevailing market rent.

(Amended 29 of 1983 s. 46) (2) The determination of the rent by the valuation surveyor shall, upon a copy of such determination being lodged with the Tribunal and the Commissioner, be binding on the parties.

(3) The valuation surveyor appointed under subsection 91) shall be paid such reasonable fee by the Registrar of the Tribunal as may be determined by the Tribunal from moneys provided by the Legislative Council.

[cf. 1954 c. 56 s. 34 U.K.] 119L. Endorsement of tenancy agreement (1) Where the parties- (a) on or after 10 June 1983, enter into a tenancy to which this Part applies; (b) agree a renewal of a tenancy under section 119C; (c) execute a lease or agreement for a new tenancy as determined by the Tribunal or agreed by them.

the landlord shall lodge with the Commissioner a notice in triplicate in the specified form signed by the landlord; and the Commissioner shall endorse the fact of receipt on 2 copies of the notice and return 1 copy to the landlord and 1 copy to the tenant. (Replaced 29 of 1983 s. 39) (See Form CR 109) (1A) The notice mentioned in subsection (1) may be lodged- (a) without charge, within 1 month after the event notified; or (b) upon payment to the Commissioner of a fee of $500, at any time.

(Added 40 of 1984 s. 34) (2) Subject to section 51A(6), a landlord shall not be entitled to maintain an action to recover rent under an agreement mentioned in subsection (1) unless a notice relating to that agreement is endorsed by the Commissioner under that subsection. (Amended 29 of 1983 s. 39) (Amended 40 of 1984 s. 34) 119M. Carrying out of order for new tenancy (1) Where under this Part, the Tribunal makes an order for the grant of a new tenancy, then, unless the tenant serves the notice mentioned in subsection (2), the landlord shall be bound to execute or make in favour of the tenant, and the tenant shall be bound to accept, a lease or agreement for a tenancy of the premises embodying the terms agreed between the landlord and the tenant or determined by the Tribunal or the valuation surveyor in accordance with this Part; and where the landlord executes or makes such a lease or agreement the tenant shall be bound, if so required by the landlord, to execute a counterpart or duplicate thereof.

(2) Where the tenant, within 1 month after the determination of the terms of the new tenancy, serves a notice in the specified form on the landlord and the Tribunal stating that he does not wish to accept the new tenancy, the order of the Tribunal shall have no effect and the current tenancy shall continue for such period, not exceeding 2 months from the date of delivery of the notice to the landlord, as the tenant shall state in the notice. (See Form CR 106) (3) While the current tenancy continues under subsection (2), it shall not be a tenancy to which this Part applies.

(4) During the period from the date on which the current tenancy would, apart from section 119N, have come to an end by virtue of a notice given under section 119 (1) or under section 119A (5) until- (a) the date on which the new tenancy begins; or, as the case may be, (b) the date on which the current tenancy comes to an end under subsection (2), the tenant shall be liable to pay the rent fixed in respect of the new tenancy under section 119K: Provided that, if the terms of the new tenancy, apart from rent, are materially different from the terms of the current tenancy, the Tribunal may, on the application of either party, order that the tenant shall be liable to pay a reasonable rent which may be lesser or greater than the rent fixed in respect of the new tenancy under section 119K.

[cf. 1954 c. 56 s. 36 U.K.] 119N. Interim continuation of tenancies pending determination by Tribunal (1) Subject to sections 119B (2), 119I and 119M 92), in any case where- (Amended 29 of 1983 s. 40) (a) a notice to terminate a tenancy has been given under section 119 or a request for a new tenancy has been made under section 119A; and (b) an application to the Tribunal has been made under section 117 (1); and (c) apart from this section, the effect of the notice or request would be to terminate the tenancy before the expiration of the period of 3 months beginning with the date on which the application is finally disposed of, the effect of the notice or request shall be to terminate the tenancy at the expiration of the said period of 3 months and not at any other time.

(2) The reference in paragraph (c) of subsection (1) to the date on which an application is finally disposed of shall be construed as a reference to the earliest date by which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of the withdrawal or abandonment.

[cf. 1954 c. 56 s. 64 U.K.] 119NA. Rent where new tenancy refused etc.

(1) Where a tenant remains in possession of any premises after the date on which the current tenancy would, apart from section 119N, have come to an end by virtue of a notice given under section 119 (1) or under section 119A (5) and the Tribunal does not, for any reason, make an order for the grant of a new tenancy, the tenant shall be liable to pay rent, as determined by the Tribunal under subsection (2), for the period from that date until the tenant delivers up vacant possession to the landlord.

(2) The Tribunal may, on the application of the landlord or the tenant, determine the rent payable by the tenant under subsection (1) and the Tribunal shall determine that rent as the rent it would have determined if it had ordered the grant of a new tenancy of the premises for a term of 2 years and otherwise on the same terms as the terms of the current tenancy.

(3) This section shall have effect in any proceedings pending in the Tribunal on 10 June 1983.

(Added 29 of 1983 s. 41) 119O. Short tenancies Where the duration of a current tenancy is such that the time limits fixed in this Part for the giving of notices are not appropriate, the Tribunal may, on application, fix different time limits.

119P. Sub-tenancies (1) Where a tenant has, in breach of the current tenancy, sublet the whole or any part of the premises and the current tenancy is terminated under this Part, the sub-tenancy shall also terminate.

(2) Where a tenant has, without breach of the current tenancy, sublet the whole or any part of the premises and the sub-tenant has given notice in the specified form to the landlord of his interest in the premises, a copy of any notice of request given or made under sections 119, 119A, 119B and 119D and a copy of the application under section 117 (1) shall be served on the sub-tenant; and- (a) if the tenant fails to make a request for a new tenancy under section 119A, the sub-tenant may make a request for a new tenancy immediately from the landlord; (b)if the tenant fails to apply for a new tenancy under section 117, the sub-tenant may apply for a new tenancy immediately from the landlord. (See Form CR 107) (3) Where a sub-tenant makes a request for a new tenancy under section 119A and subsection (2), he may, in accordance with this Part, apply to the Tribunal for a new tenancy immediately from the landlord.

(4) In any application under section 117 by the tenant for a new tenancy, a sub-tenant to whom the premises or any part thereof has been let without breach of the current tenancy shall be entitled to be heard.

(5) Where, in an application under section 117 by the tenant for a new tenancy, the Tribunal does not make an order for the grant of a new tenancy to the tenant then- (a) if the Tribunal does not make such an order because the landlord has, under this Part, established either of the grounds mentioned in paragraph (b) or (c) of section 119E (1), any sub- tenancy shall terminate; and (b) if the Tribunal does not make such an order other than because the landlord has established either of the grounds mentioned in paragraph (b) or (c) of section 119E (1), the Tribunal shall, on the application of a sub-tenant, make an order for the grant of a new tenancy immediately from the landlord to the sub-tenant unless, if the application had been by the sub-tenant for a new tenancy from the tenancy, the Tribunal would not, under section 119G, have make an order for the grant of a new tenancy: Provided that, where a part only of the premises would remain in the possession of a sub-tenant or sub-tenants if an order were made under this paragraph, the Tribunal, on the application of the landlord, shall make an rode for the grant of such a new tenancy to the sub-tenant, or the sub- tenants jointly, only of the whole premises. (Amended 32 of 1985 s. 22) (6) Where a sub-tenant applies, under section 117 and subsection (2) or (3), for an order for the grant of a new tenancy immediately from the landlord, the Tribunal shall make an order granting such a tenancy unless, if the application had been by the sub-tenant for a new tenancy from the tenant, the Tribunal would not, under section 119G, have made an order for the grant of a new tenancy.

(7) Where the Tribunal makes an order granting to a sub-tenant a new tenancy immediately from the landlord, the provisions of this Part shall apply as if the order was made under section 119D.

(8) Notwithstanding any termination of a tenancy, a sub-tenancy granted without breach of the current tenancy shall continue as between the landlord and sub-tenant on the same terms as the sub-tenant held from the tenant in the same way as a tenancy would continue under this Part.

(Amended 29 of 1983 s. 42) (8A) Where a sub-tenant becomes the tenant immediately from the landlord, either under a new tenancy or under subsection (8), any subletting on or after 10 June 1983 under that tenancy by that tenant, without the written permission of the landlord, shall be a breach of a condition of the tenancy which is a cause of forfeiture. (Added 29 of 1983 s. 42) (9) Subject to this section, a sub-tenancy shall not subsist for longer than the tenancy under which it was granted.

119Q. Appeals (1) Any party may appeal to the Court of Appeal against a determination of the Tribunal on an application under section 117 (1) or against an order under section 119F (5) or section 119H (9) or (10) on the ground that such determination is erroneous in point of law.

(2) An appeal under this section shall be subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance (Cap. 17).

119R. 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.

119RA. Provision of rent receipts (1) A landlord shall give to his tenant, at the time that the tenant pays his rent, a receipt for the amount of the rent paid ant the receipt shall contain- (a) the name and address of the landlord; (b) the period in respect of which such rent was paid; and (c) the date of payment.

(2) A landlord who fails to comply with subsection (1) commits an offence and is liable to a fine of $ 2,000.

(Added 29 of 1983 s. 43) 119S. Proceedings (1) Subject to subsection (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 Tribunal and no subpoena shall be issued against the Commissioner or such public officer.

(2) The Commissioner or any public officer employed in the Rating and Valuation Department may be called to give evidence in any proceedings under section 51 (8), 117 (1) or 119F (5).

(3) The District Court shall have the jurisdiction mentioned in section 119H (3) and (4) notwithstanding anything in the District Court Ordinance (Cap. 336).

(4) Subject to section 119Q, any determination or order of the Tribunal under this Part shall be final.

120. General provisions Sections 70, 70A, 70B, 70C, 71 and 74 shall apply to this Part as they apply to Part II. (Amended 29 of 1983 s. 44; 40 of 1984 s. 35) (Part IV replaced 76 of 1981 s. 52) PART V TENANCY (NOTICE OF TERMINATION) Interpretation 120A. Interpretation In this Part, unless the context otherwise requires- "business premises" means premises which are not domestic premises; "Commissioner" means the Commissioner of Rating and Valuation; (Added 39 of 1979 s. 20) "current rent" means the rent, exclusive of rates, payable by a tenant at the date of an application under section 124B (1); (Added 39 of 1979 s. 20) "domestic premises" means premises the subject of a separate letting (including any bed-space, cubicle, room, floor or portion of a floor or building) which are used wholly or primarily for human habitation: Provided that the following shall not be deemed to be domestic premises within the meaning of this definition- (a) any building or portion of a building which is used for habitation only by caretakers or watchmen not exceeding 2 in number; (b) any building or portion of a building which is used for habitation only by office attendants or their families; (c) any particular portion of an hotel or boarding-house which is let by the keeper of such hotel or boarding-house to a guest of such hotel or boarding-house; "landlord" includes any person, other than the Crown, who is from time to time entitled to receive rent in respect of any premises and, in relation to a particular tenant, means a person entitled to receive rent from such a tenant; (Added 39 of 1979 s. 20) "notice of termination" means a notice served under section 122 (1); (Added 39 of 1979 s. 20) "premises" means the subject matter of any tenancy; (Added 39 of 1979 s.

20) "prevailing market rent" in relation to any premises means the rent, exclusive of rates, at which they might reasonably be expected to be let, at the date of an application under section 124B (1), on the terms of the tenancy other than those relating to rent and duration of the tenancy but disregarding the effect of sections 124A to 124C; (Added 39 of 1979 s. 20.

Amended 29 of 1983 s. 46) "principal tenant" means a tenant of premises other than a Crown lessee, who has or shall sublet any part or parts thereof as a separate holding or holdings; (Added 39 of 1979 s. 20) "Tribunal" means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap. 17). (Added 76 of 1981 s. 53) (Added 39 of 1979 s. 19) 121. Application (1) Save as otherwise provided in this section, this Part shall apply to every tenancy (which expression shall wherever it occurs in this Part include sub-tenancies unless the context otherwise requires) whether the same be effected orally or in writing and notwithstanding any provision in such tenancy, including any provision purporting specifically to exclude the provisions of this Part.

(2) This Part shall not apply to the following- (a) a tenancy for a fixed term of 3 years or more the agreement for which contains no provision for earlier determination of the same other than for breach of any of the provisions of the agreement or under a provision of the tenancy allowing forfeiture or determination following the destruction, or partial destruction, of or damage to the premises; (Amended 40 of 1984 s. 36) (b) a tenancy- (i) of premises to which Part I applies; or (ii) of premises in respect of which there is in existence an order under section 4; (Replaced 24 of 1980 s. 4. Amended 29 of 1983 s. 45) (ba) a tenancy to which Part II applies; (Added 6 of 1980 s. 16) (c) a tenancy to which Part IV applies; (d) a tenancy in respect of which a valid notice to quit was given prior to 14 April 1962, including a tenancy arising by reason of a tenant holding over in such circumstances; (e) a tenancy of land unbuilt on but such a tenancy shall cease to be excluded so soon as there is built on the land in accordance with the provisions of the agreement for the tenancy any building of a permanent nature; (f) a tenancy of agricultural land, which expression shall have the meaning assigned to it by the Rating Ordinance (Cap. 116), including such a tenancy where there exists on the land any dwelling house occupied by persons working the land; (g) a tenancy where the landlord is the employer and the tenant is the employee in possession of the premises in accordance with the terms and conditions of his employment where such terms and conditions of his employment where such terms and conditions require him to vacate the accommodation upon ceasing to be so employed; (h) a tenancy held from the Crown; (i) (Repealed 29 of 1983 s. 45) (j) a tenancy authorized by the Commissioner under section 53 (7A) (a) (ii); (Added 29 of 1983 s. 45) (k) a tenancy in respect of which the agreement has been endorsed by the Commissioner under section 116 (4); and (Added 29 of 1983 s. 45) (l) a tenancy authorized by the Commissioner under section 119H (2) (a).

(Added 29 of 1983 s. 45) (3) This Part shall not apply to a tenancy in writing- (a) for a fixed term not exceeding 1 year; and (b) which- (i) has been entered into for a period during which, or for most of which, the landlord will be absent from Hong Kong; or (ii) is in respect of premises which the landlord intends to rebuild and is for a period pending that rebuilding; or (iii) is in respect of premises normally occupied or intended to be occupied by the landlord but is temporarily surplus to his requirements; or (iv) is entered into in circumstances which are special having regard to the particular purposes of the landlord and the particular needs of the tenant. (Replaced 40 of 1984 s. 36) (4) A dispute as to whether a tenancy is excluded under subsection (3) shall not be justiciable in the courts but shall be determined by the Commissioner in a summary manner on application in writing to him and his decision shall be final and binding. (Replaced 40 of 1984 s. 36) (5) 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 under subsection (4). (Added 40 of 1984 s. 36) (14 of 1962 s. 2 incorporated) 122. Minimum length of notice to determine tenancy (1) (a) Save where vacant possession is given up or where a tenant surrenders his tenancy in exchange for a new tenancy no tenancy, whether existing on 14 April 1962 or created thereafter, shall cease or be determined without a written notice of termination being served by the landlord or tenant on the other party. (Amended 39 of 1979 s. 21; 52 of 1981 s. 12) (b) The notice shall be served by the landlord, not less than 6 months, or by the tenant, not less than 1 month, before the day on which it is to take effect. (Added 52 of 1981 s. 12) (c) A tenancy for a fixed term shall not cease at the end of that term unless notice is served by the landlord, not less than 6 months, or by the tenant, not less than 1 month, before that end. (Added 52 of 1981 s. 12) (2) Nothing in this section shall be construed as permitting any tenancy to be determined earlier than would have been the case had this Part not been enacted or, subject to sections 124A to 124C, as affording any tenant any security of tenancy beyond the period of 6 months required for a notice of termination. (Amended 39 of 1979 s. 21; 52 of 1981 s. 12) (3) Where notice of termination is served on a tenant and in addition is posted on 3 successive days, together with a copy in Chinese, upon the main door or entrance of the premises affected, such notice of termination shall, subject to sections 124A to 124C, take effect terminating also any sub-tenancies created under the tenancy to which it relates. (Amended 39 of 1979 s. 21) (4) When but for subsection (1) a tenancy would have terminated, the tenancy shall continue- (a) at the same rent until a notice of termination expires or but for an order under section 124B (2) would have expired; and (b) thereafter, where an order is made under section 124B (2), at a rent payable in accordance with section 124C (1), upon such of the covenants, conditions and other terms of the original tenancy as are appropriate to a month to month tenancy, together with, in the absence of any express covenant for the payment of rent and condition of forfeiture, the covenant and condition implied in every tenancy by section 126. (Replaced 39 of 1979 s. 21) (5) A notice of termination may be served in any manner which would constitute effective service of a notice to quit but shall not be valid if served in respect of any premises before they become subject to this Part.

(Amended 39 of 1979 s. 21) (6) (Repealed 76 of 1981 s. 54) (7) Where a notice of termination served prior to 18 December 1979 is due to expire on or after that date, and before the expiration of the notice the tenancy becomes subject to Part II by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980), the notice of termination shall cease to be of any effect. (Added 6 of 1980 s. 17) (14 of 1962 s. 3 incorporated) (For savings and transitional provisions see 39 of 1979 s. 25 (3)) 123. Exclusion of tenancies from this Part (1) (Repealed 52 of 1981 s. 13) (For savings see 52 of 1981 s. 13 (2)) (2) The Governor in Council may in his absolute discretion by order exclude from the further application of this Part or of any provisions contained in this Part any class of tenancy, and class of premises or any particular tenancy or premises. (Amended 39 of 1979 s. 22) (3) (Repealed 52 of 1981 s. 13) (For savings see 52 of 1981 s. 13 (2)) (14 of 1962 s. 4 incorporated. Amended 18 of 1974 s. 5) 124. Landlord may substitute notice Where subsequent to the giving of a notice by the landlord under section 122 the tenancy is excluded from the application of this Part, the landlord may thereupon substitute for such notice a notice to quit of such duration as would validly determine the tenancy but for the enactment of this Part. Such substituted notice shall take effect notwithstanding the existence of the notice given under section 122.

(14 of 1962 s. 5 incorporated) 124A. Application of sections 124A, 124B and 124C (1) Subject to subsection (2), this section applies to business premises which- (a) are excluded from Part I by section 3 (1) (i); and (b) are used partly for human habitation. (Replaced 40 of 1984 s. 37) (2) This section does not apply to business premises which have, at any time since the publication of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1979 (39 of 1979) as a Bill in the Gazette, been used wholly for purposes other than human habitation.

(3) For the purpose of determining whether premises are or have been used for human habitation within the meaning of subsection (1) (b) or (2) the following types of habitation shall be disregarded- (a) habitation by caretakers or watchmen; (b) habitation by office attendants or their families; (c) habitation by a guest of an hotel or boarding house of a particular portion of the hotel or boarding house which is let to him by the keeper of the hotel or boarding house.

(Added 39 of 1979 s. 23) 124B. Tenant may apply for notice of termination not to take effect (1) Where a tenant of premises to which section 124A applies is served with a notice of termination, he may apply to the Tribunal not later than 3 months before the notice of termination is to take effect for an order under subsection (2).

(2) Subject to subsection (3), upon the application of a tenant under subsection (1), the Tribunal shall make an order that the notice of termination which has been served upon him shall not take effect and that no further notice of termination shall be served upon him in respect of the same premises until a period of 1 year, or such lesser period as the Tribunal may specify, has elapsed since the first mentioned notice was served upon him.

(3) The Tribunal shall refuse to make an order under subsection (2) if the landlord satisfies it that- (a) the tenant has committed a breach of covenant or condition of the tenancy which is, or would but for the service of a notice of termination have been, a cause for forfeiture; (b) the premises are required by the landlord for occupation as a residence for- (i) himself; (ii) his father or mother; or (iii) any son or daughter of his over 18 years of age: Provided that the Tribunal shall, notwithstanding that the circumstances of the case fall within this paragraph, make an order under subsection (2) if it is satisfied that, having regard to all the circumstances of the case, including whether other accommodation is available for the persons for whose occupation the premises are required, greater hardship would be caused by refusing to make such an order than by making it; (c) the tenant has caused- (i) to the landlord by non-payment of rent or otherwise; or (ii) to any occupant of the premises, unnecessary annoyance, inconvenience or disturbance which has continued after a warning in writing has been served by the landlord on the tenant; or (d) the landlord intends to rebuild the premises. (Added 32 of 1985 s. 23) (Added 39 of 1979 s. 23 Amended 76 of 1981 s. 55; 32 of 1985 s. 23) 124C. Rent where notice of termination is ordered not to take effect (1) Where the Tribunal makes an order under section 124B (2) in respect of any premises there shall be payable, by way of rent for those premises from the date upon which the tenancy would but for the order have ceased, an amount equivalent to- (a) the aggregate of the following- (i) the prevailing market rent of the premises; and (ii) where the rates in respect of the premises are payable by the landlord, the amount of the rates; or (b) the aggregate of the following- (i) the current rent of the premises; (ii) one-third of the current rent of the premises, disregarding any cents included in the quotient; and (iii) where the rates in respect of the premises are payable by the landlord, the amount of the rates, whichever is the lesser.

(2) Where the Tribunal makes an order under section 124B (2) in respect of any premises it shall proceed to determine the new rent for the premises calculated in accordance with subsection (1).

(Added 39 of 1979 s. 23 Amended 76 of 1981 s. 56; 29 of 1983 s. 46) 125. (Repealed 52 of 1981 s. 14) (For savings see 52 of 1981 s. 14 (2)) 126. Covenant to pay rent to be implied In the absence of any express covenant for the payment of rent and condition for forfeiture, there shall be implied in every tenancy a covenant to pay the rent on the due date and a condition for forfeiture for non-payment within 15 days of the due date. (Added 37 of 1965 s. 3) 127. Saving of rights arising out of breach of tenancy Nothing contained in this Part shall affect any right or remedy arising, either before or after 14 April 1962 out of any breach of condition or other term in any tenancy or out of any condition providing for a right of re-entry in the event of the tenant's business being wound up, the tenant suffering execution to be levied or a receiving order in bankruptcy to be made, assigning the lease for the benefit of creditors or entering any agreement or making any arrangement with creditors for the liquidation of debts by composition or otherwise: Provided that a covenant to yield up possession on a specified date shall be construed as a covenant to yield up possession on such later date as may be necessary to permit the giving of notice of termination as required by this Part.

(14 of 1962 s. 6 incorporated) 127A. Tribunal may determine disputes The Tribunal on the application of a landlord, tenant or sub-tenant may- (Amended 76 of 1981 s. 57) (a) entertain and determine any dispute or difference which may arise under this Part between a landlord and a tenant, or a tenant and a sub- tenant, or any of them, including any dispute as to the rent that is payable for, or the right to possession of, any premises; (Amended 32 of 1985 s. 24) (b) apportion any rent which becomes payable under section 124C (1); (c) entertain and determine concurrently with any other application, any application for the payment of rent or mesne profits of any premises to which this Part applies, and make such order thereon, subject to section 127B, as the Tribunal shall think fit. (Added 39 of 1979 s. 24) 127B. Sub-tenants not to have greater security than tenants Nothing in this Part shall afford to any subtenant any security of tenure greater than that enjoyed by his principal tenant.

(Added 39 of 1979 s. 24) PART VI SMALL TENEMENTS RECOVERY 128. Interpretation In this Part, unless the context otherwise requires- "agent" includes any person usually employed by the owner in the management of his property, or in the letting of the premises, or in the collection of the rents thereof, or specially authorized to act in the particular matter by writing under the hand of such owner; "Collector of Rates" has the meaning assigned to it in section 2 of the Rating Ordinance (Cap. 116); (Added 37 of 1986 s. 7) "house" includes a matshed or other structure; "owner" means the person entitled to the immediate reversion or, in cases within section 132, to the possession of the premises, or, if the property is held in joint tenancy or tenancy in common, means any one of the persons entitled to such reversion or possession; "premises" means lands (including leaseholds), houses, and other corporeal hereditaments; "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 128A; (Added 37 of 1986 s. 7) "warrant" means a warrant issued under section 131.

(27 of 1897 s. 2 incorporated) [cf. 1838 c. 74 s. 7 U. K.] 128A. Certificate as to rateable value For the purposes of ascertaining the rateable value of any premises in connection with any proceedings under section 129 or 132 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 Rating 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 129 or 132, as the case may be, 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. 8) 129. Summoning of tenant of premises with a rateable value not exceeding $ 30,000 unlawfully holding over When and so soon as the term or interest of a tenant of any house, land, or other premises, held by him at will or for any term not exceeding 7 years, with a rateable value at the time of an application by an owner under this section not exceeding $30,000, and upon which no fine has been reserved or made payable, has ended or has been duly determined by a legal notice to quit or otherwise, and the tenant, or (if the tenant does not actually occupy the premises or only occupies a part thereof) any person by whom the same or any part thereof is then actually occupied, notwithstanding that demand for possession has been made, refuses or neglects to quit and deliver up possession of the premises or of such part thereof respectively, the District Court may on application being made by the owner of such premises or his agent, issue an originating summons requiring the person alleged to be in possession of the premises to appear at a certain time and place before the District Court to show cause why he should not quit and deliver up possession of the premises.

(27 of 1897 s. 3 incorporated. Amended 4 of 1951 s. 6; 35 of 1969 Schedule; 37 of 1986 s. 9) [cf. 1838 c. 74 s. I U. K.] 130. Service of originating summons An originating summons issued under section 129 may be served either personally or by leaving the same with some person being in and apparently residing at the place of abode of the defendant: Provided that if the defendant cannot be found, and the place of abode of the defendant is not known or admission thereto cannot be obtained for serving the originating summons, the posting up of the originating summons on some conspicuous part of the premises shall be deemed to be good service on the defendant.

(27 of 1897 s. 4 incorporated. Amended 51 of 1911; 2 of 1912 Schedule; 27 of 1937 Schedule; 37 of 1986 s. 10) [cf. 1838 c. 74 s. 2 U. K.] 131. Issue of warrant for possession of premises If the person served with an originating summons under section 130 does not appear before the District Court at the time and place mentioned in the originating summons, or fails, to show cause why he should not quit and deliver up possession of the premises, the District Court may issue its warrant to any bailiff of the High Court or the District Court, commanding him to enter (by force, if needful) into the premises, and give possession of the same to the owner thereof or his agent: (Amended 37 of 1986 s. 11) Provided that- (a) entry, upon a warrant, shall not be made at any time except between 9 a. m. and 5 p. m.; (b) nothing herein contained shall be deemed to protect any person on whose application a warrant may be granted from any action which may be brought against him by a tenant or occupier for and in respect of such entry and taking possession, where such person had not, at the time of granting the same, lawful right to the possession of the said premises.

(27 of 1897 s. 5 incorporated. Amended 50 of 1911 s. 4; 51 of 1911 s. 4; 1 of 1912 Schedule; 21 of 1912 s. 2; 29 of 1962 s. 2; 35 of 1969 Schedule; 92 of 1975 s. 59) [cf. 1838 c. 74 s. 1 U. K.] 132. Recovery of land in case of illegal encroachment or inclosure with a rateable value not exceeding $ 30,000 When any person by whom any illegal encroachment or inclosure has been made upon the land of another person, the rateable value of which at the time of any demand made under this section does not exceed $ 30,000, refuses or neglects, upon demand made, to quit and deliver up possession of the same, or any part thereof, to the owner of such land or his agent, the possession thereof may be recovered by such owner or agent under this Part, in like manner as if the occupier of such encroachment or inclosure were the tenant of premises the possession of which is recoverable under this Part, whose term or interest had ended.

(27 of 1897 s. 6 incorporated. Amended 4 of 1951 Schedule; 37 of 1986 s.

12) 132A. Amendment of sections 129 and 132 by Legislative Council The Legislative Council may by resolution amend the sums mentioned in sections 129 and 132.

(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)

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