High Court Ordinance

(1)
Subject to subsection (1A), this section has effect where a lessor is
                proceeding by action in the Court of First Instance to enforce against a lessee a
                right of re-entry or forfeiture in respect of any land for non-payment of
                    rent.
(Amended
25 of 1998 s. 2
;
32 of 2002 s. 40
)
(1A)
Where during the term of a lease the application of this section has prevented
                a lessor from enforcing against a lessee a right mentioned in subsection (1), then
                during that term this section shall not be applicable again to prevent the lessor
                from exercising that right against the lessee unless the Court is satisfied that
                there is good cause why this section should apply in favour of the lessee.
(Added
32 of 2002 s. 40
)
(2)
If, within the time prescribed by rules of court for acknowledging service of
                the writ by which the action was commenced, the lessee pays into court all the rent
                in arrear and the costs of the action, the action shall cease, and the lessee shall
                hold the land according to the lease without any new lease.
(3)
If—
(a)
the action does not cease under subsection (2); and
(b)
the Court at the trial is satisfied that the lessor is entitled to enforce
                    the right of re-entry or forfeiture,
the Court shall order possession of the land to be given to the lessor at the
                expiration of such period, but not being less than 7 days from the date of the
                order, as the Court thinks fit, unless within that period the lessee pays into court
                all the rent in arrear and such sum as the Court shall direct on account of the
                costs of the action.
(Amended
32 of 2002 s. 40
)
(3A)
The Secretary for Development may, by notice published in the Gazette, amend
                the number of days specified in subsection (3) by substituting another number
                    therefor.
(Added
32 of 2002 s. 40
. Amended
L.N. 130 of 2007
)
(4)
The Court may extend the period specified under subsection (3) at any time
                before possession of the land is recovered in pursuance of the order under that
                subsection.
(5)
Subject to subsection (6),
if—
(a)
within the period specified in the order; or
(b)
within that period as extended under subsection (4),
the lessee pays into
court—
(i)
all the rent in arrear; and
(ii)
the sum directed to be paid on account of the costs of the
                    action,
he shall hold the land according to the lease without any new
                lease.
(6)
Subsection (2) shall not apply where the lessor is proceeding in the same
                action to enforce a right of re-entry or forfeiture on any other ground as well as
                for non-payment of rent, or to enforce any other claim as well as the right of
                re-entry or forfeiture and the claim for arrears of rent.
(7)
If the lessee does
not—
(a)
within the period specified in the order; or
(b)
within that period as extended under subsection (4),
pay into
court—
(i)
all the rent in arrear; and
(ii)
the sum directed to be paid on account of the costs of the
                    action,
the order may be enforced and so long as the order remains unreversed the
                lessee shall be barred from all relief.
(8)
The extension under subsection (4) of a period fixed by the Court shall not be
                treated as relief from which the lessee is barred by subsection (7) if he fails to
                pay into court all the rent in arrear and the sum directed to be paid on account of
                the costs of the action within that period.
(9)
Where the Court extends a period under subsection (4) at a time
when—
(a)
that period has expired; and
(b)
a writ of possession in respect of the land has been issued,
the Court shall suspend the writ for the extended period, and if, before the
                expiration of the extended period, the lessee pays into court all the rent in arrear
                and the sum directed to be paid on account of the costs of the action, the Court
                shall cancel the writ.
(10)
Nothing in this section shall be taken to
affect—
(a)
the power of the Court to enter final judgment in a case where the
                    defendant fails to give notice of intention to defend;
(b)
the power of the Court to make any order which it would otherwise have
                    power to make as respects a right of re-entry or forfeiture on any ground other
                    than non-payment of rent; or
(c)
section 58(4)
of the Conveyancing and Property Ordinance (
Cap. 219
).