1.

Short title

This Ordinance may be cited as the

Landlord and Tenant (Consolidation) Ordinance

.

Part I

Protected Tenancies and Permitted Rents

Interpretation and Application

2.

Interpretation

In this Part, unless the context otherwise requires—

agricultural land

(

農地

) means land which is held from the Government on terms the effect of which is to prohibit the use thereof otherwise than as agricultural land or to prohibit the erection thereon of any building without the consent of the Government;

(Added 22 of 1953 s. 2. Amended 29 of 1998 s. 105)

Building Authority

(

建築事務監督

) means the Building Authority as defined in section 2 of the Buildings Ordinance (Cap. 123);

(Added 22 of 1953 s. 2)

business premises

(

商用處所

) means premises which are not domestic premises;

(Replaced 22 of 1953 s. 2)

Commissioner

(

署長

) means the Commissioner of Rating and Valuation;

(Added 10 of 1975 s. 2)

domestic premises

(

住宅處所

) 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:

(Amended 22 of 1953 s. 2)

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

(

業主

) includes any person, other than the Government, who is from time to time entitled to receive rent in respect of any premises and in relation to a particular tenant means the person entitled to receive rent from such tenant;

(Amended 29 of 1998 s. 105)

lease

(

租契

) or

tenancy agreement

(

租賃協議

) includes every agreement for the letting of any premises, whether oral or in writing;

let

(

出租

、

租出

) includes sublet and

letting

(出租、租出) includes subletting;

order

(

命令

、令) means an order of the Tribunal;

(Replaced 76 of 1981 s. 2)

permitted rent

(

准許租金

) means the rent lawfully payable under this Part in respect of any premises;

(Added 22 of 1953 s. 2)

premises

(

處所

) means the subject matter of any tenancy;

prevailing market rent

(

市值租金

) 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—

(a)

of service of a notice under section 10(1A)(a); or

(b)

on which the Commissioner issues his certificate under section 10E,

as may be appropriate, on the terms of the tenancy (other than those relating to rent and duration of the tenancy) but disregarding the effect of this Part;

(Replaced 53 of 1993 s. 2)

principal tenant

(

主租客

) means a tenant of premises other than a Government lessee, who has or shall sublet any part or parts thereof as a separate holding or holdings but shall not include a tenant, hereinafter referred to as a derivative landlord, who has or shall sublet the whole of such premises as one holding;

(Amended 29 of 1998 s. 105)

standard rent

(

標準租金

) with respect to any premises means—

(a)

if the premises were actually let unfurnished on 25 December 1941, the rate of rent which was recoverable from the sitting tenant; and

(b)

if the premises were not actually let on 25 December 1941, or were then let furnished, but had been let unfurnished on some previous date, the rate of rent which was recoverable from the sitting tenant on the last occasion before 25 December 1941, on which the premises were actually let unfurnished; and

(c)

if the premises were not let unfurnished until after 25 December 1941, then such rate of rent as may be assessed by the Commissioner under section 8 having regard to what would have constituted a standard rent for the premises if let unfurnished immediately before 1 December 1941;

(Amended 22 of 1953 s. 2; 76 of 1981 s. 2; 53 of 1993 s. 2)

tenancy

(

租賃

) includes a sub-tenancy;

tenant

(

租客

) does not include a Government lessee but includes a sub-tenant and—

(Amended 29 of 1998 s. 105)

(a)

a person who before 23 May 1947 had retained possession of premises by virtue of any enactment repealed by this Part* and who was on 23 May 1947 in possession of premises, to which this Part applies;

(b)

a person who retains possession of any premises by virtue of this Part;

(c)

the widow of a tenant, residing with the tenant at the time of his death, or where the tenant leaves no widow or is a woman, such member of the tenant’s family so residing as aforesaid as may be decided in default of agreement by the Tribunal;

(Replaced 22 of 1953 s. 2. Amended 76 of 1981 s. 2)

tenement

(

物業單位

) means any building, structure or part thereof, which is held or occupied as a distinct or separate tenancy or holding or under any licence;

(Added 76 of 1981 s. 2)

Tribunal

(

審裁處

) means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap. 17).

(Replaced 76 of 1981 s. 2)

(25 of 1947 s. 2 incorporated. Amended 53 of 1993 s. 2)

Editorial Note:

* See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).

3.

Application of this Part

(1)

This Part shall not apply to—

(a)

any premises—

(i)

in a building in respect of which an occupation permit, including a temporary occupation permit, was first issued by the Building Authority under section 21(2) of the Buildings Ordinance (Cap. 123) after 16 August 1945; or

(ii)

which were completed or substantially rebuilt after 16 August 1945;

(Replaced 29 of 1983 s. 2)

(b)

agricultural land or any building thereon, other than a building erected before 17 August 1945;

(Added 22 of 1953 s. 3)

(c)

land let unbuilt upon save where such land has been let with, and for the better enjoyment of, any building, or save where a building to which this Part applies has subsequently been erected thereon;

(Added 22 of 1953 s. 3)

(d)

(Repealed 29 of 1983 s. 2)

(e)

(Repealed 40 of 1984 s. 2)

(f)

any particular portion of an hotel or boarding-house which is let furnished by the keeper of such hotel or boarding-house to a guest of such hotel or boarding-house;

(g)

any premises for the time being vested in or in the custody of the Custodian of Property or the Custodian of Enemy Property;

(h)

any lease or tenancy held directly from the Government;

(Amended 13 of 1948 s. 3; 40 of 1984 s. 2; 29 of 1998 s. 105)

(i)

any premises which are, or since 4 May 1979 have been, business premises.

(Replaced 40 of 1984 s. 2)

(2)

In the event of any doubt or dispute as to whether any premises are excepted from the application of this Part by any of the provisions of subsection (1), the same may be determined by the Commissioner on the application of a landlord or tenant.

(Amended 76 of 1981 s. 3)

(3)

Where immediately before 23 May 1947, a tenant of premises to which this Part does not apply was entitled to protection against eviction by reason of an enactment repealed by this Part*, he shall be deemed to be holding at the rent payable immediately before 23 May 1947, and shall be entitled to such notice to quit as would have been required under the original contract of tenancy or if such notice had already been given and had expired at or before 23 May 1947 then to 1 month’s notice.

(25 of 1947 s. 3 incorporated)

Editorial Note:

* See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).

4.

Power to exclude application of this Part

(1)

The Chief Executive may, in his absolute discretion and without the necessity of hearing any interested party, by order exclude from the further application of this Part any class of premises.

(Replaced 40 of 1968 s. 3. Amended 72 of 1973 s. 2; 44 of 2000 s. 3)

(2)

The Tribunal may, in accordance with this section, make an order excluding any particular premises from the further application of this Part.

(Replaced 76 of 1981 s. 4)

(3)

Every order made under subsection (1) shall be published in the Gazette whereupon the tenant of any such premises shall be deemed to be holding at the rent payable immediately before the publication of such order and shall be entitled to such notice to quit as would have been required under the original contract of tenancy, or, if such notice has already been given and has expired, then to 1 month’s notice expiring at the end of the calendar month next after the month in which such order was published:

(Amended 76 of 1981 s. 4)

Provided that in the event of any notice having been given prior to such order being published nothing herein contained shall entitle a landlord to recover possession prior to the expiration of such notice.

(Added 40 of 1968 s. 3)

(3A)

Upon the making of an order under subsection (2) the tenant of any such premises shall be deemed to be holding at the rent payable immediately before the making of the order and shall be entitled to such notice to quit as would have been required under the original contract of tenancy or, if such notice has already been given and has expired, then to 1 month’s notice expiring at the end of the calendar month next after the month in which such order was made:

Provided that in the event of any notice having been given prior to such order being made nothing herein contained shall entitle a landlord to recover possession prior to the expiration of such notice.

(Added 29 of 1983 s. 3)

(4)

Any landlord or tenant desiring to obtain an order of the Tribunal under subsection (2) shall serve notice thereof on his immediate tenant or landlord as the case may be in the prescribed form and shall also post such notice in a conspicuous place at the entrance to the premises to which the application relates. Such service and posting shall be verified by affidavit in the prescribed form which shall be lodged in the registry of the Tribunal.

(Amended 30 of 1955 s. 5; 56 of 1961 s. 2; 40 of 1968 s. 3; 76 of 1981 s. 4)

(5)

Any party other than the person served under subsection (4) who opposes the application shall within 14 days of such notice having been posted as aforesaid give notice in writing to the registrar of the Tribunal in the prescribed form stating his interest in the matter and whether he wishes to make written representations to the Tribunal or whether he wishes to appear by himself or by his advocate on the hearing of the application.

(Amended 76 of 1981 s. 4)

(6)

(Repealed 76 of 1981 s. 4)

(7)

(a)

After hearing the parties and considering such representations as it thinks fit, the Tribunal may make an order in terms of subsection (2), either absolutely or subject to such conditions as it thinks fit (including a condition requiring payment of compensation by the landlord to any tenant).

(Replaced 76 of 1981 s. 4)

(b)

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 paragraph (a).

(Added 29 of 1983 s. 3)

(8)

(a)

A landlord who has made an application under this section may enter into an agreement with any tenant who in accordance with the provisions of subsection (5) opposes the landlord’s application whereby the tenant agrees to withdraw his opposition to such application subject to such terms as may be agreed between the landlord and the tenant:

(Amended 53 of 1993 s. 3)

Provided that—

(i)

no such agreement shall contain any term whereby the tenant agrees to quit his premises before an order excluding the said premises from the further application of this Part has been made;

(ii)

if no order excluding the said premises from the further application of this Part is made, the agreement shall be null and void;

(iii)

if an order excluding the said premises from the further application of this Part is made, the agreement shall be enforceable only in so far as it is consistent with such order.

(b)

In the event of the Tribunal ordering that the premises to which the application relates shall be excluded from the further application of this Part, the Tribunal shall make such order subject to the terms agreed between the parties together with such other conditions, if any, as it may think fit to impose in accordance with subsection (7).

(Added 30 of 1955 s. 5. Amended 40 of 1968 s. 3; 76 of 1981 s. 4)

(9)-(13)

(Repealed 76 of 1981 s. 4)

(14)

Where any class of premises has been excluded from the further application of this Part by an order made under subsection (1), the Tribunal shall have jurisdiction to determine whether any particular premises fall within such class.

(Amended 76 of 1981 s. 4; 29 of 1983 s. 3)

(25 of 1947 s. 32 incorporated. Amended 23 of 1963 s. 3; 40 of 1968 s. 3)

5.

(Repealed 76 of 1981 s. 5)

6.

Re-entry by Government

(1)

Where—

(a)

there is a breach of any condition of an order made under section 4 in respect of premises on land which the landlord holds under a Government lease or other tenancy from the Government; or

(b)

prior to the making of an order under section 4 in respect of any such premises there has been made an assignment or underlease of, or an agreement to assign or underlet, an undivided share of or in the land together with the right to the exclusive possession, use, occupation or enjoyment of any portion of any building to be erected thereon pursuant to such order,

(Amended 76 of 1981 s. 6)

such breach, or assignment or underlease, or agreement to assign or underlet shall be deemed to be a breach of a covenant in the Government lease, or of a condition or stipulation of the tenancy of such land, and a right of re-entry thereon under the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) shall be deemed to have accrued to the Government.

(2)

Where a right of re-entry is deemed under subsection (1) to have accrued to the Government and in exercise of such right the Government has re-entered upon the land, any person who has taken an assignment or underlease, or has entered into an agreement to take an assignment or underlease, of an undivided share of or in the land together with the right to exclusive possession, use, occupation or enjoyment of any portion of any building to be erected thereon shall, in addition to any other claim he may have, be entitled to recover from the person to whom it was paid any money or other property which passed, whether by way of consideration or otherwise, under or by virtue of such assignment, underlease or agreement.

(3)

Subsection (1)(b) shall not apply to an assignment or underlease of, or an agreement to assign or underlet, an undivided share of or in land where the consideration or part of the consideration therefor is the erection of the building to be erected on the land pursuant to an order made under section 4.

(Replaced 46 of 1975 s. 2. Amended 29 of 1998 s. 4)

7.

Registration in Land Registry of order under section 4

(1)

The Commissioner shall cause an order made under section 4 to be registered by memorial in the Land Registry against the premises affected.

(Replaced 76 of 1981 s. 7. Amended 8 of 1993 s. 2)

(2)

Where premises are excluded from the further application of this Part by order under section 4, and it is a condition of the order that a building or buildings shall be erected upon the site of such premises in accordance with the terms of such order, then upon the order being registered by virtue of subsection (1), such condition shall be binding on any executor, administrator, successor or assign of the landlord of the premises and may be enforced against any such executor, administrator, successor or assign by re-entry or otherwise, in like manner as it could have been enforced against the landlord.

(Added 30 of 1955 s. 7. Amended 72 of 1973 s. 2)

7A.

(Repealed 40 of 1984 s. 3)

Standard Rent

8.

Assessment of standard rent

(1)

The landlord or tenant of any premises to which this Part applies may apply to the Commissioner in the specified form for his assessment of the standard rent of such premises.

(Replaced 93 of 1975 s. 2)

(2)

(Repealed 93 of 1975 s. 2)

(3)

A certificate given pursuant to the provisions of this section by the Commissioner of his assessment of the standard rent of premises described therein shall be prima facie evidence of such standard rent in any legal proceedings whatsoever, whether civil or criminal.

(Amended 93 of 1975 s. 2)

(Added 22 of 1953 s. 5)

9.

(Repealed 53 of 1993 s. 4)

9A.

Relevance of prevailing market rent

The rent of any premises to which this Part applies—

(a)

may, by virtue of section 9B; but

(b)

shall not, by virtue of section 10,

exceed the prevailing market rent of the premises or, where the rates in respect of the premises are payable by the landlord, the aggregate of the following amounts—

(i)

the prevailing market rent of the premises; and

(ii)

the amount of the rates payable in respect of the premises.

(Replaced 53 of 1993 s. 5)

9B.

Alterations in rent by agreement

(1)

Subject to subsection (2), there shall be payable and recoverable by way of rent of premises to which this Part applies such amount as may be agreed between the landlord and tenant.

(2)

Where an alteration in rent is agreed between a landlord and a tenant, the landlord shall lodge with the Commissioner a notice of the alteration in rent in triplicate in the specified form signed by both the landlord and tenant.

(Amended E.R. 4 of 2020)

(3)

A notice under subsection (2) is not valid unless—

(a)

it is signed by the tenant not earlier than 1 month before the date on which it is lodged with the Commissioner and 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.

(4)

Where a notice is lodged with the Commissioner under subsection (2), he shall record the agreement concerning the alteration in rent and shall endorse 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.

(5)

Where there is an increase in rent under an agreement mentioned in subsection (2), 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 (4).

(6)

The security of tenure afforded to a tenant under section 48(3) shall apply where the rent payable by the tenant is increased by agreement, notwithstanding the failure of the landlord to lodge notice of it under subsection (2).

(7)

Subject to section 10H, the rent of premises payable and recoverable by virtue of this section may be increased—

(a)

by a further agreement to which this section applies;

(b)

if the rent is less than the rent permitted under section 10(1), by an increase made under section 10(1A)(a) or by virtue of a certificate under section 10E;

(c)

under section 10(3) or (3AC) only if, after the alteration in rent is agreed under this section, the landlord incurs expenditure on improvements as set out in that section, in which case section 10(3A) shall apply only in respect of expenditure incurred on improvements after the time of that agreement;

(d)

under section 10AA, 10B or 10C.

(Added 53 of 1993 s. 6)

10.

Permitted increases and adjustments

(1)

Subject to section 9A but without prejudice to section 9B, there shall be payable and recoverable by way of rent of premises to which this Part applies the following amounts—

(a)

in respect of any period before 1 July 1994, an amount equal to 55 times the standard rent of the premises or 60% of the prevailing market rent of the premises, whichever is the greater;

(b)

in respect of any period after 30 June 1994 and before 1 July 1995, an amount equal to 65 times the standard rent of the premises or 70% of the prevailing market rent of the premises, whichever is the greater;

(c)

in respect of any period after 30 June 1995 and before 1 July 1996, an amount equal to 75 times the standard rent of the premises or 80% of the prevailing market rent of the premises, whichever is the greater;

(d)

in respect of any period after 30 June 1996, an amount equal to 85 times the standard rent of the premises or 90% of the prevailing market rent of the premises, whichever is the greater.

(Replaced 53 of 1993 s. 7)

(1A)

If at any date within the period specified in paragraph (a), (b), (c) or (d) of subsection (1) the rent of any premises is less than the rent permitted under that paragraph, the landlord may—

(a)

subject to section 10H and subsections (1B) and (1C), by serving on the tenant on that date a notice in the specified form, increase the rent to an amount equal to the multiple of the standard rent of the premises specified in that paragraph; or

(b)

on that date apply to the Commissioner in the specified form for a certificate under section 10D.

(Replaced 53 of 1993 s. 7)

(1B)

Any increase in rent under subsection (1A)(a) shall take effect not earlier than the first day when rent becomes due after the expiration of one month from the service of the notice.

(Added 93 of 1975 s. 3. Amended 53 of 1993 s. 7)

(1C)

Where a landlord serves a notice on the tenant under subsection (1A)(a) he shall, at the same time, send a copy of the notice to the Commissioner.

(Added 93 of 1975 s. 3. Amended 39 of 1976 s. 6; 53 of 1993 s. 7)

(2)

Where as part of the tenancy agreement furniture is provided for the use of the tenant, the references in subsection (1) to an amount equal to a multiple of the standard rent of the premises shall be treated as references to such an amount plus such a charge for the use of that furniture (whether expressed by way of rent or otherwise) as, having regard to the value of that use to the tenant, is reasonable:

But this subsection shall not apply until the landlord has specified by notice in writing to the tenant the consideration (whether by way of rent or otherwise) that he attributes to the furniture.

(Replaced 53 of 1993 s. 7)

(3)

Where the landlord of any premises incurs expenditure of $5,000 or more on improvements to such premises, the landlord may increase the rent payable in respect of those premises by 20% per annum of the amount expended on the improvements.

(Replaced 76 of 1981 s. 9)

(3AA)

Where rent is increased under subsection (3), 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.

(Added 76 of 1981 s. 9)

(3AB)

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

(Added 76 of 1981 s. 9)

(3AC)

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.

(Added 76 of 1981 s. 9)

(3A)

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 (3AA) may be aggregated.

(Replaced 76 of 1981 s. 9)

(3B)

No account shall be taken of—

(a)

expenditure incurred prior to the commencement* of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1976 (56 of 1976);

(b)

expenditure in respect of which an increase in rent has previously been made under this section; or

(Added 56 of 1976 s. 2. Amended 53 of 1993 s. 7)

(c)

expenditure which has been taken into account when a certificate was issued under section 10E.

(Added 53 of 1993 s. 7)

(3BA)

Where a landlord serves on a tenant a notice of increase under subsection (3AA), the landlord shall send a copy of that notice to the Commissioner.

(Added 76 of 1981 s. 9)

(3BB)

A tenant on whom a notice of increase in rent is served under subsection (3AA) 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 (3AC), that the apportionment was unreasonable,

and the Tribunal may make an order accordingly.

(Added 76 of 1981 s. 9)

(4)

If the Commissioner is satisfied on the application of a landlord or tenant of premises that the services and facilities which the landlord is liable to provide under the tenancy agreement differ from those which the landlord was liable to provide under the tenancy agreement by reference to which the standard rent was ascertained, the Commissioner may adjust the standard rent accordingly and upon such adjustment the rent substituted by the Commissioner shall be and become the standard rent for the purposes of this Part but without prejudice to further adjustment under this subsection or under other provisions of this Part.

(Amended 76 of 1981 s. 9; 53 of 1993 s. 7)

(5)

Nothing in this Part shall be taken to authorize any increase of rent in respect of a period prior to 23 May 1947.

(6)

If any notice served for the purposes of subsection (1) contains any statement or representation which is false or misleading in any material respect, the landlord shall be liable on summary conviction to a fine at level 1 unless he proves that the statement was made innocently and without intent to deceive.

(Amended E.R. 4 of 2020)

(7)

Where the notice of an increase of rent which at the time was valid has been served on any tenant, the increase may be continued without service of any fresh notice on any subsequent tenant.

(8)

The Legislative Council may by resolution amend subsection (1) by substituting, for the periods, multipliers and percentages specified in subsection (1), such periods, multipliers and percentages as may be specified in the resolution.

(Replaced 53 of 1993 s. 7)

(9)

In this section—

improvement

(

改善

) includes structural alteration, extension or addition and the provision of additional fixtures and fittings, but does not include anything done by way of decoration or repair.

(Added 76 of 1981 s. 9)

(25 of 1947 s. 6 incorporated)

Editorial Note:

* Commencement date: 9 July 1976.

10A.

Certificates of prevailing market rent

(1)

Where a landlord serves a tenant with a notice of increase of rent under section 10(1A)(a) the tenant may, within 14 days of being so served, apply for a certificate under subsection (5) by sending an application in the specified form in duplicate to the Commissioner.

(Amended 53 of 1993 s. 8)

(2)

On receipt of an application under subsection (1) the Commissioner shall serve a copy thereof on the landlord.

(3)

Within 14 days of service on him under subsection (2) of a copy of the tenant’s application, the landlord may send his representations thereon to the Commissioner.

(4)

Where the Commissioner receives representations from a landlord under subsection (3) which indicate that the landlord disputes any fact set out in the tenant’s application, he shall determine the facts in dispute and then deal with the application in accordance with subsection (5).

(5)

Where a tenant makes an application under subsection (1), the Commissioner shall, if satisfied that the increased rent specified in the landlord’s notice under section 10(1A)(a)—

(Amended 53 of 1993 s. 8)

(a)

does not exceed the prevailing market rent of the premises aggregated, where the rates in respect of the premises are payable by the landlord, with the amount of the rates, issue free of charge and serve on the landlord and tenant certificates in the specified form to that effect;

(b)

exceeds the prevailing market rent of the premises aggregated, where the rates in respect of the premises are payable by the landlord, with the amount of the rates, issue free of charge and serve on the landlord and tenant certificates in the specified form stating—

(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,

and 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 subsection (4).

(Amended 29 of 1983 s. 46)

(6)

A certificate issued under subsection (5) shall in any proceedings be prima facie evidence of the facts set out therein.

(7)

(Repealed 40 of 1984 s. 5)

(8)

Nothing in this section shall prejudice any right which a landlord, tenant or sub-tenant may have to make an application under section 32 to the Tribunal.

(Amended 76 of 1981 s. 10)

(9)

(Repealed 53 of 1993 s. 8)

(Added 39 of 1979 s. 8)

10AA.

Increase in rent on account of rates

(1)

Where—

(a)

a landlord bears the rates in respect of any premises and after 31 March 1975 there is an increase in the amount of the rates payable; or

(b)

rates are imposed after 31 March 1975 in respect of any 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 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. 4)

(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. 4)

(Added 10 of 1975 s. 4. Amended 39 of 1979 s. 7)

10B.

Increase in rent following apportionment

(1)

Where section 10AA(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 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 the 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 10AA, by the amount shown in the certificate.

(4)

In this section,

tenement

(

物業單位

) shall have the meaning assigned to it by section 2 of the Rating Ordinance (Cap. 116).

(Added 10 of 1975 s. 4. Amended 39 of 1979 s. 9)

10C.

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 sub-tenancy and after 31 March 1975 there is an increase in the amount of rates payable;

(b)

rates are imposed after 31 March 1975 in respect of any premises the subject of a sub-tenancy and the principal tenant bears those rates; or

(c)

the rent of a tenancy has been increased under section 10AA or 10B and a sub-tenancy has been created out of that tenancy,

(Amended 39 of 1979 s. 10)

the principal tenant may, subject to subsection (5), increase the amount of the rent payable by the sub-tenant by the amount of the increase in the rates or by the amount of the rates imposed, as the case may be, attributable to the premises the subject of the sub-tenancy.

(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. 5)

(2)

Where subsection (1) applies in respect of any premises, a principal tenant may apply to the Commissioner in the specified form for a certificate under subsection (3).

(3)

On receipt of an application under subsection (2) 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.

(4)

Where the Commissioner has served a certificate under subsection (3), the rent of the sub-tenancy may, subject to subsection (5), be increased by the amount shown in the certificate.

(5)

Where the amount of rent of a sub-tenancy 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 principal tenant on the sub-tenant specifying the amount of the increase and the date from which it is to take effect.

(6)

The date specified in a notice of increase under subsection (5) shall be not earlier than—

(a)

the date from which the increased rates or the rates imposed, as the case may be, are payable; or

(Replaced 29 of 1983 s. 5)

(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. 5)

(Added 10 of 1975 s. 4)

10D.

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 10H, 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 of it 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 on the application 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 10E.

(Added 53 of 1993 s. 9)

10E.

Certificates of increase in rent

(1)

Where a landlord applies for a certificate under section 10D, the Commissioner shall—

(a)

if satisfied that, on the date of the receipt of the application, the rent permitted under section 10(1) exceeded 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, on the date of the receipt of the application, the rent permitted under section 10(1) exceeded 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 of those facts under section 10D(6).

(2)

The amount mentioned in subsection (1)(a) shall be the difference between—

(a)

the rent permitted under section 10(1) on the date of the receipt of the application;

(b)

the current rent,

disregarding any cents in that amount.

(3)

Where a certificate has been issued under subsection (1)(b) in relation to any premises, no further application under section 10D in respect of those premises shall be made by the person to whom the certificate has been issued before the expiry of 6 months from the date of service of the certificate.

(Added 53 of 1993 s. 9)

10F.

Review

(1)

Where the Commissioner issues a certificate under section 10E, 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 10E 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 on the parties a notice of his decision in the specified form.

(3)

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).

(4)

For the purpose of section 32(aa), an appeal shall lie to the Tribunal in respect of a decision of the Commissioner under this section but not under section 10E.

(Added 53 of 1993 s. 9)

10G.

Notices of increases

(1)

Unless the Commissioner has made a determination under section 10F(3) or the Tribunal has made an order under section 32(aa) regarding the date from which an increase in rent shall take effect, an increase in rent specified in a certificate issued under section 10E(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.

(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 10H, 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 10F or an appeal under section 32(aa) are not concluded on the date specified in a notice under subsection (1), the failure by the 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.

(Added 53 of 1993 s. 9)

10H.

Effective date for increases

(1)

No increase in rent of any premises pursuant to—

(a)

a notice under section 10(1A)(a);

(b)

a certificate under section 10E or 10F; or

(c)

an order of the Tribunal under section 32(aa),

shall take effect within a period of 1 year from the date on which the rent of the premises was last increased, whether by agreement or otherwise.

(2)

For the purposes of this section rent shall, until the contrary is proved, be deemed to have been increased if the tenant has made any payments, other than rates, to the landlord, and such additional payments have been made as a condition of the right to occupation of the premises.

(3)

Any increase in rent under section 10(2), (3) or (3AC), 10AA, 10B or 10C shall not be an increase in rent for the purposes of this section.

(Added 53 of 1993 s. 9)

11.

Rent of premises conditionally excluded

Where premises are excluded from the further application of this Part by order under section 4, and it is a condition of the order that a building or buildings shall be erected upon the site of such premises in accordance with the terms of such order, then until the Building Authority has certified that such condition has been fulfilled the provisions of this Part in regard to permitted rent shall continue to apply to such premises notwithstanding such exclusion, and it shall be unlawful to demand or receive in respect of such premises or any part thereof any rent in excess of the permitted rent of the premises or such part, and any person who demands or receives any rent in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3.

(Added 30 of 1955 s. 7. Amended E.R. 4 of 2020)

12.

(Repealed 53 of 1993 s. 10)

13.

Statement to be supplied as to standard rent

A landlord of any premises to which this Part applies shall, on being so requested in writing by the tenant of such premises or by the superior landlord of such landlord, supply the tenant or the superior landlord, as the case may be, with a statement in writing of the standard rent of such premises, and, if, without reasonable excuse, he fails within 14 days so to do, or supplies a statement which is false in any material particular, he shall be liable on summary conviction to a fine at level 1.

(25 of 1947 s. 21 incorporated. Amended E.R. 4 of 2020)

14.

Postponement of permitted increase where repairs effected by tenant

If the tenant of any premises has since 16 August 1945, with the consent of the landlord of such premises, effected repairs thereto which were necessary to render the said premises reasonably habitable and the sum expended by such tenant has amounted to the equivalent of not less than the standard rent of such premises for a period of 6 months, that portion of the rent permitted under section 10(1) which exceeds the standard rent shall not commence to accrue or become payable or recoverable until such time as the amount thereof would, but for this provision, have been equal to one-half of the amount expended by the tenant on such repairs.

(25 of 1947 s. 7 incorporated. Amended 39 of 1979 s. 11)

15.

Offences

(1)

Any person who—

(a)

demands or receives rent in excess of the permitted rent of any premises,

(Replaced 22 of 1953 s. 8)

(b)-(d)

(Repealed 53 of 1993 s. 11)

shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2.

(Amended 22 of 1953 s. 8; E.R. 4 of 2020)

(1A)

It shall be a defence for a person charged with demanding or receiving rent of any premises contrary to subsection (1) to prove—

(a)

that the demand or receipt was made pursuant to a notice purportedly served under section 10(1A)(a); and

(b)

that at the time of the demand or receipt he did not know and had no reason to believe that the rent demanded or received was in excess of the permitted rent of those premises.

(Added 53 of 1993 s. 11)

(2)

Upon conviction of a person of an offence against subsection (1), it shall be lawful for a magistrate, in addition to imposing a fine—

(a)

to order the defendant to pay to the tenant any sum received in excess of the permitted rent; and

(Replaced 53 of 1993 s. 11)

(b)

if the defendant is a principal tenant to order his ejectment.

(Replaced 22 of 1953 s. 8)

(3)

Nothing in this section shall prejudice the right of any person to recovery by civil action any such sums as a magistrate may order to be paid under the provisions of subsection (2).

(4)

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 at level 2.

(Added 40 of 1984 s. 6. Amended E.R. 4 of 2020)

(25 of 1947 s. 8 incorporated)

16.

Recovery of excessive payments by civil action

The person by whom any payment has been made the demanding or receiving of which is made an offence under the provisions of section 15 may recover the amount or value thereof by action:

(Amended 76 of 1981 s. 11)

Provided that any action for such recovery shall be commenced within 6 months after the making of such payment.

(25 of 1947 s. 9 incorporated. Amended 53 of 1993 s. 12)

Protected Tenancies

17.

Restriction on recovery of possession and effect of retention of possession

(1)

No order against a tenant for the recovery of possession of or for ejectment from any premises to which this Part applies shall be made otherwise than under this Part or under any Ordinance empowering any court or magistrate to make an order terminating the tenancy of any premises or for the closure of or ejection of the tenant from, any premises, by reason of the use thereof for immoral or illegal purposes or of the dangerous, insanitary or overcrowded state thereof, or with respect to which any offence has been committed.

(2)

Any tenant who before 23 May 1947 has retained possession of any premises by virtue of any enactment repealed by this Part* and who is on 23 May 1947 in possession of premises to which this Part applies and any tenant who shall retain possession by virtue of this Part shall so long as he retains possession observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as the same are consistent with this Part, and shall be entitled to give up possession only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required on giving not less than 1 month’s notice:

Provided that notwithstanding anything in the contract of tenancy a landlord who obtains an order for the recovery of possession from or the eviction of any tenant retaining possession as aforesaid shall not be required to give any notice to quit to the tenant.

(3)

Subsection (1) shall not apply to—

(a)

proceedings by a person claiming under a title adverse and superior to that under which the original tenancy, by virtue of which the tenant became entitled to retain possession, was derived; or

(b)

proceedings against a derivative landlord:

Provided that no order or judgment against a derivative landlord for the recovery of possession or ejectment therefrom shall affect the right of any sub-tenant to whom the premises or any part thereof shall have been lawfully sublet before proceedings for recovery of possession or ejectment were commenced to retain possession under this section or be in any way operative against any such sub-tenant.

(4)

Notwithstanding the provisions of subsection (1), a closure order may be made under section 27 (Closure Order) of the Buildings Ordinance (Cap. 123).

(Added 43 of 1949 s. 3)

(25 of 1947 s. 5 incorporated)

Editorial Note:

* See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).

18.

No surrender etc. of tenancy without approval

(1)

Subject to subsection (2), a tenant may agree to surrender or terminate his tenancy.

(Replaced 53 of 1993 s. 13)

(2)

An agreement mentioned in subsection (1) shall have no effect unless it is—

(a)

in such form as the Commissioner shall approve;

(b)

endorsed by the Commissioner under subsection (3)(c); and

(c)

lodged with the Commissioner within 28 days of its execution, with such fee as may be determined by the Financial Secretary.

(Replaced 53 of 1993 s. 13)

(3)

The Commissioner or any public officer authorized by him in that behalf—

(a)

shall satisfy himself that the tenant—

(i)

in entering or proposing to enter into an agreement under this section understands the effect of such agreement; and

(ii)

in signing or agreeing to sign such an agreement has not been subject to any undue pressure or influence; and

(b)

may make such inquiries as he thinks fit for the purposes of paragraph (a); and

(c)

shall, if satisfied as to the matters specified in paragraph (a), endorse upon the agreement a certificate to that effect in such form as the Commissioner shall, from time to time, specify.

(Amended 93 of 1975 s. 5; 32 of 1985 s. 3)

(4)

Nothing in subsection (3) shall be construed as imposing upon the Commissioner or any public officer any duty to inquire into or be satisfied as to the reasonableness or otherwise of the consideration specified in the agreement.

(5)

Where, after the commencement* of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1973 (64 of 1973), an agreement is made for the surrender or termination of a tenancy under subsection (1), the premises to which the agreement relates shall be excluded from the further application of this Part.

(Added 64 of 1973 s. 2)

(Added 40 of 1968 s. 2. Amended 18 of 1974 s. 2; 10 of 1975 s. 6)

Editorial Note:

* Commencement date: 16 November 1973.

19.

Duties of principal tenant

(1)

Every principal tenant shall affix and shall keep affixed on a conspicuous part of the premises comprised in his principal tenancy a notice in Form 1 in the Second Schedule stating the rent payable by him to his landlord and shall give to each sub-tenant notice in writing of the part of such rent which he attributes to the premises let to such sub-tenant.

(2)

Every principal tenant shall, whether the same shall be demanded or not, give to each sub-tenant at the time of his paying the same a receipt for the amount of the rent paid and such receipt shall state the period in respect of which such rent was payable.

(3)

Every principal tenant shall, within 1 month after becoming a principal tenant, furnish to his landlord a full and true statement showing the name of all the sub-tenants of such principal tenant with sufficient particulars of the parts of the premises occupied by and of the standard rent and gross rent payable by and of the date of first occupation by each of them.

(Amended 11 of 1954 s. 3)

(4)

A principal tenant who fails to comply with any of the provisions of subsections (1), (2) and (3) shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1.

(Amended 22 of 1953 s. 10; E.R. 4 of 2020)

(5)

Upon the hearing of any summons issued under this section, it shall be lawful for a magistrate, in addition to imposing a fine if the defendant is convicted, to order the eviction of the defendant.

(Amended 22 of 1953 s. 10)

(6)

Where a principal tenant is evicted under the provisions of this section or of section 15, the sub-tenants of such principal tenant shall be deemed to be and shall thereafter be tenants of the immediate landlord of such principal tenant and shall be deemed to hold their respective premises upon the terms and conditions upon which they held them from the principal tenant:

Provided that such immediate landlord shall be entitled to demand or receive from such sub-tenant only such rent as he would have been entitled to demand or receive if the tenancy of the principal tenant had been terminated under the provisions of section 21 and shall undertake towards the sub-tenants all those obligations formerly undertaken by the principal tenant.

(7)

It shall be the duty of the immediate landlord of the principal tenant to ensure that the provisions of subsection (1) are complied with, and an immediate landlord who fails without reasonable excuse (the burden of proving which shall be upon him) to ensure that the said provisions are complied with shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1.

(Added 22 of 1953 s. 10. Amended E.R. 4 of 2020)

(25 of 1947 s. 11 incorporated)

19A.

Provision of rent receipts

(1)

A landlord shall give to his tenant, at the time the tenant pays the rent, a receipt for the amount of rent paid and 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 at level 1.

(Amended E.R. 4 of 2020)

(Added 29 of 1983 s. 6)

20.

(Repealed 40 of 1984 s. 8)

21.

Termination of principal tenancy

(1)

The immediate landlord of a principal tenant may by service of notice to quit in Form 2 in the Second Schedule and in manner specified in section 44 terminate the tenancy of such tenant in accordance with the provisions of, and to the extent provided in, this section.

(2)

The length of notice given by the notice to quit aforesaid shall be either that required by the contract between the landlord and the principal tenant or in default of any term in the contract specifying the length of notice, one calendar month from the date of service thereof.

(3)

Upon the expiration of such notice to quit—

(a)

each sub-tenant shall be deemed to be the tenant of the immediate landlord and to hold the premises upon the same terms and conditions as he held them from the principal tenant;

(b)

each sub-tenant affected thereby shall be liable to pay to the immediate landlord on demand the permitted rent of the premises let to him under contract with the principal tenant;

(c)

the immediate landlord shall undertake towards each sub-tenant all those obligations undertaken by the principal tenant previous to service of notice under subsection (1).

(4)

At any time within 14 days after the service of the notice to quit, the principal tenant may elect by notice in writing to the landlord to deliver up the whole of the premises subject to the tenancy or to retain any portion thereof retained, immediately before the service of the notice to quit, for his own occupation.

(5)

Where the principal tenant retains for his own occupation any part of the premises the subject of his tenancy from the immediate landlord, he shall be deemed to be the tenant of the immediate landlord in respect of the retained part and to hold the same upon a monthly tenancy. The rent of the retained part shall, subject to this Part, be such proportion of the rent of the whole of the premises immediately before the expiration of the notice to quit as is fairly attributable to the retained part:

(Amended 53 of 1993 s. 14)

Provided that in the event of any dispute between the immediate landlord and the principal tenant as to the amount of the rent payable by such principal tenant, such dispute may be referred to and decided by the Commissioner.

(Amended 76 of 1981 s. 12)

(6)

Notwithstanding anything in this Part, and in particular, the definition of tenant in section 2, a lessee of the Government who recovers by virtue of this section any premises to which this section relates shall be deemed to be an immediate landlord of his principal tenant for all the purposes of this section and shall have all the rights and obligations conferred and imposed by this section on an immediate landlord.

(Amended 29 of 1998 s. 105; E.R. 4 of 2020)

(Replaced 22 of 1953 s. 11)

22.

Saving as to new agreements to vacate

Nothing in this Part shall be taken to limit the right of a landlord and tenant (whether or not the tenant is a tenant to whom section 17(2) applies) to agree to such stipulations and conditions as they shall think fit in regard to the duration of the tenancy and in particular to any stipulation in regard to termination of the tenancy in the event of the landlord desiring to sell the premises or to obtain possession for occupation by himself or any member of his family:

(Amended 53 of 1993 s. 15)

Provided that no landlord shall be entitled by reason of any agreement made under the foregoing provision to obtain an order for the ejectment of any tenant unless he satisfies the Tribunal or a court, as the case may be, that the tenant intended by such agreement to deprive himself of the protection against ejectment afforded by this Part.

(Amended 30 of 1955 s. 4; 76 of 1981 s. 13)

(25 of 1947 s. 13 incorporated)

23.

Saving for unexpired term

Nothing in this Part shall entitle any landlord during the currency of any written lease of any premises for a definite and unexpired term, to any rent higher than the rent reserved in such lease.

(25 of 1947 s. 14 incorporated)

24.

Landlord may enter and effect necessary repairs

(1)

A landlord and his servants and agents may—

(a)

at all reasonable times, enter and inspect the premises the subject of the tenancy with a view to ascertaining whether they require any necessary repairs; and

(b)

after service upon the tenant of 14 days’ notice in writing of intention so to do, enter upon the premises the subject of the tenancy and effect all necessary repairs.

(2)

For the purposes of this section,

necessary repairs

(

必需的修茸

) means any repairs which the tenant would be required to perform were he under covenant with the landlord to keep the premises in a tenantable state of repair.

(3)

The Tribunal on the application of a tenant or a landlord may—

(a)

determine any dispute or difference between a tenant and a landlord as to the construction and application of this section;

(b)

decide whether any repairs which the landlord proposes to execute are necessary repairs;

(c)

order a tenant for such period as to the Tribunal may appear reasonable to vacate the premises the subject of the tenancy or part thereof to facilitate the execution of necessary repairs, and in its discretion grant any extension of such period;

(d)

order the ejectment of a tenant who, in the opinion of the Tribunal, has unreasonably refused to allow the landlord to enter the premises the subject of the tenancy or any part thereof for the purpose of effecting any necessary repairs or in order to ascertain whether there are necessary repairs to be effected;

(e)

order the tenant to suffer the landlord and his servants and agents to enter upon the premises the subject of the tenancy or part thereof for the purpose of executing all necessary repairs, or in order to ascertain whether there are any necessary repairs to be effected, and give any direction which may appear to it to be desirable with regard to the manner and times in which and at which the repairs are to be effected;

(f)

order that in respect of any period during which the premises the subject of the tenancy have been reasonably vacated by the tenant to facilitate the execution of necessary repairs, the permitted rent shall abate by such proportion as the period during which the tenant has so vacated the premises bears to the concurrent period or periods in respect of which rent is payable; or

(g)

order restoration of possession to a tenant entitled to such possession by virtue of subsection (4).

(4)

A tenant who in order to facilitate the execution of necessary repairs vacates the premises the subject of the tenancy or part thereof whether of his own volition or at the request of the landlord or pursuant to an order of the Tribunal shall not be deemed to have lost possession thereof unless the Tribunal has ordered his ejectment under subsection (3)(d), and shall be entitled to have possession restored to him (as soon as conveniently may be after the repairs have been effected), and the Tribunal is hereby empowered upon application by the tenant to make an order that possession be restored to the tenant.

(Added 22 of 1953 s. 7. Amended 76 of 1981 s. 14)

25.

(Repealed 76 of 1981 s. 15)

26.

(Repealed 76 of 1981 s. 15)

27.

(Repealed 76 of 1981 s. 15)

28.

Commissioner may approve contracting out in certain circumstances

(1)

A landlord and a tenant or prospective tenant of any premises to which this Part applies may make a joint application to the Commissioner for his approval under subsection (3) of the terms of any tenancy agreement into which they propose to enter.

(2)

An application under subsection (1) shall be in the specified form in triplicate and shall be accompanied by a copy of the proposed agreement and such fee as may be determined by the Financial Secretary.

(Amended 32 of 1985 s. 4)

(3)

Notwithstanding anything contained in this Part, the Commissioner shall, if he is satisfied in relation to the proposed agreement—

(Amended 32 of 1985 s. 4)

(a)

that the tenant or prospective tenant understands its effect;

(b)

that the tenant or prospective tenant in assenting to enter into such an agreement has not been subject to any undue pressure or influence; and

(c)

that no sub-tenants are prejudiced thereby,

approve the proposed agreement and endorse the application submitted to him under subsection (1) with a statement to that effect and serve a copy thereof on the landlord and on the tenant or prospective tenant.

(4)

The Commissioner may make such inquiries as he thinks fit for the purposes of subsection (3) but nothing in subsection (3) or this subsection shall be construed as imposing on the Commissioner or any public officer any duty to inquire into or be satisfied as to the reasonableness or otherwise of the consideration specified in the agreement.

(5)

Where the Commissioner approves the terms of a proposed agreement under subsection (3) the parties may execute a tenancy agreement in the terms so approved, notwithstanding anything in this Part.

(6)

Where an agreement is executed under subsection (5)—

(a)

the landlord shall lodge a copy thereof with the Commissioner within 28 days of its execution; and

(Amended 40 of 1984 s. 9)

(b)

the building or part thereof to which the agreement relates shall be excluded from the further application of this Part notwithstanding the termination or expiry of the agreement.

(Replaced 39 of 1979 s. 12)

29.

Commissioner may revise rent in certain cases

Subject to section 23, if the standard rent of any premises either—

(a)

is a rent which was agreed upon in writing at some date before 1 July 1937; or

(b)

is not higher than the rent recoverable from the tenant in actual occupation on 1 July 1937,

the landlord of such premises may apply to the Commissioner to fix, and the Commissioner may fix, such other rent as the Commissioner shall think fit as the standard rent to be paid in respect of such premises during the continuance of this Part:

Provided that nothing in this section shall affect any rent which became due before the date of the determination by the Commissioner fixing the rent.

(25 of 1947 s. 16 incorporated. Amended 76 of 1981 s. 16)

30.

Commissioner may increase standard rent if unreasonably low

Notwithstanding anything contained in this Part, the Commissioner may, on the application of a landlord, increase the standard rent of any premises by such amount as the Commissioner considers reasonable, if the Commissioner is satisfied that—

(Amended 76 of 1981 s. 17; 32 of 1985 s. 5)

(a)

the standard rent of the premises is unreasonably low, having regard to the general level of rents prevailing on 25 December 1941 for premises of a similar character in the same neighbourhood; or

(b)

the standard rent of the premises ought to be increased, having regard to improvements in the amenities of the neighbourhood in which the premises are situate, such improvements having occurred after 25 December 1941.

(Added 22 of 1953 s. 13)

31.

Commissioner may decrease standard rent if unreasonably high

Notwithstanding anything contained in this Part, the Commissioner may, on the application of a tenant, decrease the standard rent of any premises by such amount as he considers reasonable, if the Commissioner is satisfied that the standard rent of the premises ought to be decreased, having regard to any deterioration in the amenities of the neighbourhood, or in the condition of the premises, such deterioration having occurred after 25 December 1941.

(Added 22 of 1953 s. 13. Amended 76 of 1981 s. 18; 29 of 1983 s. 7)

32.

Tribunal may hear appeals and, in certain cases, fix or apportion rent, etc.

The Tribunal on the application of landlord or tenant may—

(aa)

hear any appeal from any decision, determination or assessment of the Commissioner made under this Part, provided that the application is made within 1 month after the applicant is notified of the decision, determination or assessment; or

(Added 76 of 1981 s. 19. Amended 53 of 1993 s. 16)

(a)

fix any rent which for any reason is not otherwise determinable under the provisions of this Part; or

(b)

apportion any rent to which this Part relates; or

(Amended 29 of 1983 s. 8; 53 of 1993 s. 16)

(c)

entertain and determine any dispute or difference as to the amount of rent payable in respect of any premises to which this Part applies including any increase of rent, and any charge for the use of furniture by or the provision of services to the tenant, or so far as may be necessary to carry this Part into effect as to the right to the possession of such premises; or

(d)

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 accruing due on or after 1 October 1945,

and make such order thereon as the Tribunal shall think fit.

(25 of 1947 s. 17 incorporated. Amended 76 of 1981 s. 19)

33.

Order for ejectment of tenant

(1)

The Tribunal on the application of a landlord may make an order for the recovery of possession from or the ejectment of—

(a)

a principal tenant who has been served with a notice under section 21 and who has elected to quit and failed to do so or who has collected or attempted to collect rent from the sub-tenants of such premises in respect of a period subsequent to the expiration of a calendar month following the service of such notice;

(Amended 11 of 1954 s. 5)

(b)

a tenant who has been convicted of an offence against this Part or of using or suffering or permitting to be used the premises or any part thereof for an immoral or illegal purpose;

(c)

a tenant who, except for a cause which the Tribunal shall deem sufficient to entitle the tenant to the continued protection of this Part being a cause not attributable either to his own default or to lack of means, fails to pay within 15 days after demand the permitted rent which has accrued due;

(Replaced 22 of 1953 s. 14. Amended 29 of 1983 s. 9)

(d)

a tenant who has failed to observe and perform any stipulation or condition of his tenancy agreement other than save as hereinafter provided a stipulation or condition imposing an obligation to vacate the premises;

(e)

a tenant who has agreed to vacate the premises and who, in the opinion of the Tribunal, intended by such agreement to deprive himself of the protection against ejectment afforded by this Part;

(f)

a person who became a tenant between 16 August 1945 and 23 May 1947 upon the condition that he should vacate the premises on the return of the person who was the tenant before 25 December 1941 and who has neglected or refused so to vacate the premises upon receipt of notice from the landlord that such former tenant had returned to Hong Kong and that the premises were required for his use;

(Amended 32 of 1985 s. 6)

(g)

a tenant who has given written notice to quit the premises and has failed to quit the same on the expiry of such notice;

(h)

a tenant who has been guilty of conduct, or has suffered any person residing or lodging with him to be guilty of conduct, which is a nuisance or annoyance to the landlord or to other tenants or the occupiers of adjacent premises, or has persistently failed to keep his premises in a reasonably sanitary condition by reason of which failure the landlord has been required to comply with a notice served upon him under section 127 of the Public Health and Municipal Services Ordinance (Cap. 132);

(Amended 10 of 1986 s. 32(1))

(i)

a tenant who obtained a tenancy by reason of being employed by his landlord and who has ceased to be in such employment;

(j)

a tenant of land which has not been developed by the erection of buildings of a permanent character, which is required by a landlord for his own use or for the erection of buildings of a permanent character.

(2)

No order for the recovery of possession of any premises from a tenant or for the ejectment of a tenant of any premises shall be made under the provisions of subsection (1)(c) unless it is established by the landlord to the satisfaction of the Tribunal that the demand which the tenant has failed to meet was for a sum of money not in excess of the permitted rent of the premises.

(Added 22 of 1953 s. 14)

(25 of 1947 s. 18 incorporated. Amended 76 of 1981 s. 20)

34.

Order for ejectment of principal tenant not to operate against sub-tenants

An order for ejectment made against any principal tenant shall not, unless the Tribunal so directs, operate as an order for ejectment of any sub-tenant of such principal tenant, but immediately upon the making of such an order such sub-tenants shall be deemed to be tenants of the immediate landlord of the principal tenant in like manner as is provided by section 21(3) and such immediate landlord shall undertake towards them the obligations theretofore undertaken by the principal tenant.

(25 of 1947 s. 23 incorporated. Amended 76 of 1981 s. 21)

35.

Order for recovery where domestic premises are required for occupation by landlord, etc.

(1)

The Tribunal on the application of a landlord or of the personal representative of a deceased landlord (not being a landlord who has become such landlord by purchasing premises or any interest therein after 1 September 1946) may make an order for the recovery of possession of any domestic premises or for the ejectment of the tenant therefrom where such premises are reasonably required for occupation as a residence for such landlord or for any son or daughter of his over 18 years of age, or, where the landlord is dead, for the surviving spouse, son or daughter over 18 years of age or father or mother of such deceased landlord:

Provided that no such order shall be made unless the Tribunal is satisfied having regard to all the circumstances of the case, including any alternative accommodation available for the persons for whose occupation the premises are so required or for the tenant, that greater hardship would be caused by refusing to grant the order than by granting it.

(2)

No person obtaining an order for the recovery of possession of or ejectment from any premises under subsection (1) shall within 12 months after the date of such order assign, transfer, sublet or part with the possession of the premises or any part thereof without the previous consent of the Tribunal.

(3)

Where a person has obtained an order for the recovery of possession of or ejectment from any premises under the provision of subsection (1) and it is subsequently made to appear to the Tribunal that the order was obtained in bad faith or by the misrepresentation or concealment of material facts or where such person is shown to have acted in breach of the provisions of subsection (2), the Tribunal may order the landlord to pay to the former tenant such sum as may appear to the Tribunal to be sufficient to compensate such tenant for the cost, damage, loss or inconvenience sustained by him as a result of the order for recovery of possession or ejectment.

(25 of 1947 s. 19 incorporated. Amended 76 of 1981 s. 22)

36.

Order where subletting is made without landlord’s consent

The Tribunal on the application of a landlord may make an order for the recovery of possession from or ejectment of the occupier of any premises the rent whereof is payable monthly, the tenant of which has, after 1 March 1946 without the consent in writing of the landlord, assigned, transferred, sublet or parted with the possession of such premises or any part thereof:

Provided that no order shall be made under this section against an occupier holding as the sub-tenant of a principal tenant any portion of any domestic premises which premises before 22 October 1945 were divided into and let as separate domestic premises, or since that date have, with the consent of the landlord, been so divided and let.

(25 of 1947 s. 20 incorporated. Amended 76 of 1981 s. 23)

37.

Tenant if a party to an application under section 36 shall be bound by an order made thereunder

A tenant who has been made a party to an application under section 36 shall without prejudice to any appeal be bound by an order in favour of the landlord made under that section, and any tenancy in the premises to which the order relates to which such tenant is or might be entitled by virtue of this Part shall cease and determine.

(Added 22 of 1953 s. 15)

38.

Apparent change in occupancy shifts onus of proof to tenant

Where a landlord establishes a prima facie case that there has been an apparent change in the occupancy of premises or of part thereof, the tenant shall be deemed to have parted with the possession of such premises or of such part unless he satisfies the Tribunal to the contrary.

(Added 22 of 1953 s. 15. Amended 76 of 1981 s. 24)

39.

A tenant about to absent himself from Hong Kong for certain periods may sublet under conditions

(1)

A tenant of domestic premises not being a corporation or unincorporate body shall not be deemed to have assigned, transferred, sublet or parted with possession for the purposes of section 36 if the Tribunal is satisfied that—

(Amended 76 of 1981 s. 25)

(a)

he sublet to a person for a period during which the tenant was absent from Hong Kong; and

(b)

such subletting occurred with the consent of the landlord or the landlord’s consent was unreasonably withheld; and

(c)

the tenant was absent from Hong Kong for a period of not less than 3 months and not more than 9 months; and

(Amended E.R. 4 of 2020)

(d)

such person did not pay or promise to pay to the tenant a consideration in excess of the rent payable by the tenant to the landlord.

(Amended 32 of 1985 s. 7)

(2)

Whether or not the conditions of this section have been complied with a person who has obtained possession of premises to which this Part applies on condition that he will give up possession to the tenant on the tenant’s return to Hong Kong shall not be entitled to the protection of this Part as against the tenant after such tenant’s return or as against the landlord.

(Amended 32 of 1985 s. 7)

(3)

Nothing herein contained shall entitle a person who has obtained possession of any premises by reason of this section to retain possession as against the landlord after the expiration of 9 months from the date when he first obtained such possession.

(Added 22 of 1953 s. 15)

40.

Power to adjourn etc.

(Amended E.R. 4 of 2020)

Upon any application for the recovery of possession of any premises or the ejectment of the tenant therefrom the Tribunal may—

(a)

in lieu of making an order adjourn the application for a period not exceeding 30 days and subject to such conditions as it thinks proper;

(b)

upon making such order direct that it shall not be operative until the expiration of any period not exceeding 30 days specified in such order and may make any such direction subject to such conditions as it thinks proper.

(25 of 1947 s. 22 incorporated. Amended 76 of 1981 s. 26)

41.

(Repealed 76 of 1981 s. 27)

42.

(Repealed 76 of 1981 s. 27)

43.

Appeal to Court of Appeal

(1)

Any party to proceedings before the Tribunal may appeal to the Court of Appeal against a determination or order of the Tribunal on the ground that such determination or order 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).

(Replaced 76 of 1981 s. 28)

43A.

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 frivolous or vexatious manner.

(Added 76 of 1981 s. 29)

General

43B.

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.

(Added 40 of 1984 s. 10)

44.

Service of notice

(1)

Service of any notice, application, certificate or other document under this Part may be effected—

(a)

by personal service;

(b)

by post, addressed to the last known place of business or residence of the person to be served;

(c)

in the case of service on a tenant, by leaving the notice, application, certificate or other document with an adult occupier of the premises in which the 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.

(Replaced 53 of 1993 s. 17)

(1A)

A certificate purporting to be signed by a person who states in that certificate that he effected service under subsection (1) or (2) shall be prima facie evidence of the facts stated in the certificate relating to that service.

(Added 53 of 1993 s. 17)

(2)

The provisions of subsection (1) shall not apply in respect of the service of any notice under section 21, but in such cases service shall be effected by posting the prescribed form of notice in English and Chinese, upon the main door or entrance of the premises affected, and by reposting the same if necessary upon the second and third day thereafter, and upon the expiration of the third day such notice shall be deemed to have been served upon all persons including sub-tenants affected thereby.

(Added 22 of 1953 s. 22. Amended 14 of 1957 s. 3; 44 of 2000 s. 3)

(3)

(Repealed 53 of 1993 s. 17)

44A.

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;

(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;

(d)

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;

(Amended E.R. 4 of 2020)

(e)

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 landlord or other person in control of the premises, enter at any reasonable time during daylight (using such force as may be necessary) and inspect any premises and take such measurements and other particulars as he thinks fit.

(Amended E.R. 4 of 2020)

(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.

(Replaced 40 of 1984 s. 12)

44B.

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 44A(1)(a);

(b)

refuses or neglects to exhibit any document he is required to exhibit under section 44A(1)(b);

(c)

refuses to allow the Commissioner to take copies of any document exhibited under section 44A(1)(b); or

(d)

obstructs or evades the exercise of any power under section 44A(1)(c), (d) or (e),

commits an offence and is liable to a fine at level 3 and to imprisonment for 3 months.

(Amended E.R. 4 of 2020)

(2)

Where the Commissioner is frustrated or obstructed in the exercise of any power under section 44A(1)(c), (d) or (e), 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.

(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.

(4)

In this section,

court

(

法院

) means the District Court, the Tribunal or a magistrate.

(Added 40 of 1984 s. 12)

45.

Prohibition of acts done mala fide with intent to induce a lessee to quit

(1)

Any person who shall mala fide do any act whatsoever with intent to induce the lessee of any premises to give up possession thereof shall be liable on summary conviction to a fine at level 1.

(Amended E.R. 4 of 2020)

(2)

Upon the hearing of any summons issued under this section it shall be lawful for a magistrate, in addition to imposing a fine if the defendant is convicted, to order the defendant to pay to the lessee such sum as may appear to the magistrate to be sufficient to compensate the lessee for any costs, damages, loss or inconvenience sustained by him by reason of such act.

(25 of 1947 s. 33 incorporated. Amended 22 of 1953 s. 23)

46.

Collection of rates not to be affected

Nothing in this Part shall be construed so as to prevent a landlord from collecting from his tenant the rates for the time being payable in respect of any premises or such apportioned sum as shall properly be attributable to such premises in respect of rates, provided that the obligation of paying the rates in respect of such premises was assumed by the tenant under the terms of the tenancy.

(25 of 1947 s. 37 incorporated)

47.

Forms

(1)

The forms in the Second Schedule are prescribed for use under this Part and shall in each case be in English and Chinese.

(Added 22 of 1953 s. 33. Amended 44 of 2000 s. 3)

(2)

Subject to subsection (1), the Commissioner may—

(a)

specify any form to be used under this Part;

(b)

publish any such form in the Gazette; and

(c)

in his discretion accept any notice or application served on him which is not in the specified form.

(Added 93 of 1975 s. 10)

48.

Expiry of this Part

(1)

Subject to subsections (3), (4) and (5), this Part, except sections 6 and 7, shall expire at midnight on 31 December 1998.

(Amended L.N. 518 of 1996)

(2)

The Legislative Council may by resolution amend subsection (1) by substituting for the date specified in that subsection such date as may be specified in the resolution.

(3)

If, within 1 year before the expiry of this Part under subsection (1)—

(a)

an increase in the rent of any premises, other than an increase under section 10(2), (3) or (3AC), 10AA, 10B or 10C, becomes effective;

(b)

a notice of an alteration in rent of any premises is lodged with the Commissioner under section 9B(2);

(c)

the landlord of any premises serves notice of an increase in rent in accordance with section 10(1A)(a) or 10G(1); or

(d)

the Tribunal makes an order in respect of an appeal under section 32(aa) from a decision of the Commissioner under section 10F,

this Part, except section 10D, shall continue to apply to those premises for a period of 1 year from the date on which that increase or alteration becomes effective.

(4)

If, before this Part ceases to apply to any particular premises, the landlord or tenant of those premises serves and posts notice of his desire to obtain an order of the Tribunal under section 4(2) excluding the premises from the further application of this Part—

(a)

section 4 shall continue to apply to that application notwithstanding this section; and

(b)

if an order is made under section 4(2) the tenancy of the premises shall be excluded from the application of Part IV.

(5)

If, before this Part ceases to apply to any particular premises, a tenant of those premises agrees in such form as the Commissioner shall approve to surrender or terminate his tenancy—

(a)

that agreement may become effective under section 18 notwithstanding this section; and

(b)

if the agreement becomes effective, the tenancy shall be surrendered or terminated notwithstanding Part IV.

(Amended E.R. 4 of 2020)

(6)

If, before this Part ceases to apply to any particular premises, an application is made under section 33, 35 or 36 for the recovery of possession of those premises or for the ejectment of a tenant or occupier of those premises—

(a)

that section and sections 34, 37, 38, 39, 40, 43 and 43A shall continue to apply to that application notwithstanding this section;

(b)

an order of the Tribunal under section 33(1), 35(1) or 36 shall take effect notwithstanding Part IV; and

(c)

any tenancy deemed to arise under section 34 after this Part has ceased to apply to the premises shall be governed by Part IV.

(7)

Subject to subsections (4), (5) and (6), when by virtue of subsection (1) or (3) this Part ceases to apply to any particular premises, Part IV shall apply to the tenancy of those premises.

(Added 53 of 1993 s. 18)

Part II

Tenure and Rent of Domestic Premises

(Part II replaced 78 of 1973 s. 2)

Interpretation and Application

49.

Interpretation

In this Part, unless the context otherwise requires—

Building Authority

(

建築事務監督

) means the Building Authority under the Buildings Ordinance (Cap. 123);

Commissioner

(

署長

) means the Commissioner of Rating and Valuation;

court

(

法院

) means the District Court;

current rent

(

現行租金

) means, except in section 51B, the rent, exclusive of rates, payable by a tenant at the date of an application under section 57;

(Amended 40 of 1984 s. 13)

forfeiture

(

沒收租賃權

) means forfeiture—

(a)

for breach of any provision of a tenancy or sub-tenancy; or

(b)

under a provision of a tenancy or sub-tenancy allowing forfeiture or determination following the destruction, or partial destruction, of or damage to the premises;

(Added 40 of 1984 s. 13)

landlord

(

業主

) includes any person, other than the Government, 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 tenant;

(Amended 29 of 1998 s. 105)

prevailing market rent

(

市值租金

) means, except in section 51B, 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 upon which the Commissioner issues his certificate under section 58, on the terms of the tenancy (other than those relating to rent and duration of the tenancy) but disregarding the effect of this Part;

(Amended 29 of 1983 ss. 10 & 46; 40 of 1984 s. 13)

principal tenant

(

主租客

) means a tenant of premises, other than a Government lessee, who has sublet the whole or any part or parts thereof as a separate holding or holdings;

(Amended 29 of 1998 s. 105)

repealed Part II

(

已廢除的第II部

) means Part II of the Ordinance repealed by section 2 of the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1973 (78 of 1973);

tenancy

(

租賃

) includes an agreement for a tenancy;

tenant

(

租客

) or

sub-tenant

(

分租客

) does not include a Government lessee but includes—

(Amended 29 of 1998 s. 105)

(a)

a person who, on 18 December 1979, is in possession of premises the subject matter of a tenancy or sub-tenancy to which this Part, whether by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980) or otherwise, applies;

(Amended 6 of 1980 s. 2)

(b)

(Repealed 6 of 1980 s. 2)

(c)

a person who retains possession of any premises by virtue of this Part;

(Amended 93 of 1975 s. 12)

(d)

any government other than the Government of the Hong Kong Special Administrative Region, or a public body, corporation, partnership or firm, which is the tenant or sub-tenant of premises the subject matter of a tenancy or sub-tenancy to which this Part applies;

(Added 6 of 1980 s. 2. Amended 23 of 1998 s. 2)

tenement

(

物業單位

) means any building, structure, or part thereof, which is held or occupied as a distinct or separate tenancy or holding or under any licence;

(Added 93 of 1975 s. 12)

Tribunal

(

審裁處

) means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap. 17).

(Replaced 76 of 1981 s. 31)

50.

Application

(1)

Subject to subsection (6), this Part applies to every domestic tenancy and domestic sub-tenancy of post-war premises, whether the same was effected orally or in writing and notwithstanding any provision in such tenancy or sub-tenancy, including any provision purporting generally or specifically to exclude this Part.

(Amended 29 of 1983 s. 11)

(2)

For the purposes of this section,

post-war premises

(

戰後處所

) means premises to which Part I does not apply by virtue of section 3(1)(a).

(Replaced 29 of 1983 s. 11)

(3)

The burden of proving that premises in a building are not post-war premises shall lie on the person so asserting; and a copy of a written permit of the Building Authority to occupy a building shall be prima facie evidence that premises in that building are not post-war if the permit purports to have been issued prior to 17 August 1945.

(Amended 29 of 1983 s. 11)

(4)

(a)

The benefits and protection afforded by this Part shall, in any tenancy or sub-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 or sub-tenant, as the case may be, where she or he was residing with the tenant or sub-tenant at the time of his or her death, and for the purposes of this Part references to tenant or sub-tenant shall, except in this subsection, be deemed to include a reference to such widow, widower, mother, father, daughter or son.

(Amended 29 of 1983 s. 11; 40 of 1984 s. 14)

(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. 11)

(c)

The benefits and protection afforded by this Part shall not be available to a personal representative of a deceased tenant or sub-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 or that protection.

(Added 40 of 1984 s. 14)

(5)

(Repealed 6 of 1980 s. 3)

(6)

This Part shall not apply to the following—

(a)

a tenancy or sub-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. 2. Amended 29 of 1983 s. 11)

(b)

a tenancy or sub-tenancy of land unbuilt on;

(c)

a tenancy or sub-tenancy of agricultural land, which expression shall have the meaning assigned to it by section 36 of the Rating Ordinance (Cap. 116), including such a tenancy or sub-tenancy where there is on the land a dwelling house occupied by persons working the land;

(d)

a tenancy or sub-tenancy where the landlord or principal tenant is the employer and the tenant or sub-tenant is the employee in possession of the premises in accordance with the terms and conditions of his employment, being terms and conditions which require him to vacate the accommodation on ceasing to be so employed;

(e)

a tenancy held from the Government, the Hong Kong Housing Authority, the Hong Kong Housing Society or the Hong Kong Settlers Housing Corporation Limited, or a sub-tenancy created out of such a tenancy;

(Amended 52 of 1981 s. 2; 53 of 1993 s. 19; 29 of 1998 s. 105)

(f)-(g)

(Repealed 76 of 1981 s. 32)

(h)

(Repealed 29 of 1983 s. 11)

(i)-(k)

(Repealed 6 of 1980 s. 3)

(l)

a tenancy or sub-tenancy of any premises in a building in respect of which an appropriate certificate was first issued or which premises were completed or substantially rebuilt on or after 19 June 1981; and, for the purposes of this paragraph,

appropriate certificate

(

適當證明書

) means—

(i)

an occupation permit, including a temporary occupation permit, issued by the Building Authority under section 21(2) of the Buildings Ordinance (Cap. 123); or

(ii)

where section 21 of the Buildings Ordinance (Cap. 123) does not apply to the premises by virtue of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 322, 1964 Ed.) or the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121), a certificate issued by the Director of Lands, or any person authorized by him, certifying that the premises are complete; or

(Amended L.N. 370 of 1981; L.N. 76 of 1982; L.N. 94 of 1986; 60 of 1987 s. 14; L.N. 291 of 1993)

(iii)

where section 21 of the Buildings Ordinance (Cap. 123) does not apply to the premises by virtue of section 18 of the Housing Ordinance (Cap. 283), a certificate issued by the Director of Housing, or any person authorized by him, certifying that the premises are complete;

(Added 52 of 1981 s. 2. Amended 29 of 1983 s. 11)

(m)

a tenancy or sub-tenancy of premises the rateable value of which is not less than $30,000 or such other sum as the Legislative Council by resolution determines;

(Replaced 52 of 1981 s. 3. Amended 29 of 1983 s. 11; 40 of 1984 s. 14; 32 of 1985 s. 8)

(n)

a tenancy or sub-tenancy in writing created after 18 December 1981 for a fixed term of 5 years or longer which contains no provision—

(i)

for earlier determination by the landlord otherwise than by forfeiture; and

(ii)

for any premium or fine or for any increase in the rent during the fixed term;

(Added 76 of 1981 s. 32)

(o)

a tenancy or sub-tenancy created on or after 10 June 1983 of premises of which, or of part of which, the tenant or sub-tenant under that tenancy or sub-tenancy is not already in possession under another tenancy or sub-tenancy.

(Added 29 of 1983 s. 11)

(7)-(8)

(Repealed 29 of 1983 s. 11)

(9)

The Chief Executive may by order exclude from the further application this Part any class of tenancy or sub-tenancy, any class of premises or any particular tenancy or sub-tenancy or premises.

(Amended 44 of 2000 s. 3)

(10)

Subject to subsection (12), for the purposes of this section, the rateable value of any premises shall be—

(a)

in the case of premises being a tenement included in the valuation list declared in March 1977 under section 13 of the Rating Ordinance (Cap. 116) as amended or altered from time to time up to and including 10 June 1983, the rateable value contained in that list on 10 June 1983; and

(b)

in any other case, the rateable value which would have been contained in the list referred to in paragraph (a) on 10 June 1983 had the premises been included in that list and which is certified by the Commissioner as regards the premises for the purposes of this section and that certificate shall be final and binding.

(Replaced 29 of 1983 s. 11. Amended 77 of 1988 s. 3)

(11)

The dates mentioned in subsection (10) may be amended by resolution of the Legislative Council.

(Added 29 of 1983 s. 11. Amended 77 of 1988 s. 3)

(12)

Any tenancy or sub-tenancy of premises excluded from this Part at any time by virtue of the operation of subsection (6)(m) shall continue to be so excluded notwithstanding any amendment of subsection (10).

(Added 29 of 1983 s. 11. Amended 77 of 1988 s. 3)

50A.

Block lettings

(1)

For the purposes of this Part, where a tenancy is of premises consisting of 2 or more dwellings, which dwellings have an aggregated rateable value of not less than the sum mentioned in paragraph (m) of section 50(6), that paragraph shall not have the effect of excluding from the application of this Part a dwelling in those premises the rateable value of which is less than that sum; and unless otherwise excluded, this Part shall apply to such a dwelling in accordance with subsection (2).

(2)

Where, by virtue of subsection (1), this Part applies to a dwelling, that dwelling—

(a)

shall be deemed to be premises subject to a separate tenancy to which this Part applies and, if it is subject to a sub-tenancy, that sub-tenancy shall be deemed to have been created out of that separate tenancy; and

(b)

shall have, for the purposes of sections 55 to 66, a rent, as determined under section 50B, payable and recoverable in respect of it.

(Amended 40 of 1984 s. 15)

(Added 52 of 1981 s. 4)

50B.

Continuation of tenancies in block lettings

(1)

Where—

(a)

by virtue of section 50A(2), a dwelling is deemed to be subject to a separate tenancy; and

(b)

that separate tenancy continues in existence by virtue of section 52,

the rent and other terms of the tenancy of that dwelling during that continuation shall be consistent with this Part and—

(i)

shall be as agreed by the parties; or

(ii)

failing agreement—

(A)

the rent shall be as determined by the Commissioner in accordance with subsection (2); and

(B)

the other terms shall be as determined by the Tribunal in accordance with subsection (3).

(2)

(a)

The rent of a tenancy for the purposes of subsection (1)(ii)(A) shall be such part of the whole rent payable for the premises mentioned in section 50A(1) as is apportioned to that tenancy by the Commissioner who shall have regard to the relative size and other features of the dwellings in those premises.

(b)

The Commissioner shall notify the parties in writing of the rent so apportioned and the apportionment shall be final and binding.

(c)

(Repealed 40 of 1984 s. 16)

(3)

In determining the other terms of the tenancy under subsection (1)(ii)(B), the Tribunal shall have regard to—

(a)

the terms of the tenancy of which the dwelling forms part;

(b)

the terms ordinarily applicable to a tenancy of a dwelling in premises consisting of 2 or more dwellings; and

(c)

such other considerations as appear to be equitable,

and the determination shall be final and binding.

(Added 52 of 1981 s. 4. Amended 76 of 1981 s. 33)

50C.

Interpretation

(1)

For the purposes of sections 50A, 50B and this section—

(a)

section 50(10) shall apply to a dwelling as it applies to premises;

(b)

tenancy

(

租賃

) includes a sub-tenancy;

(c)

dwelling

(

住宅

) means a building, or part of a building, which is designed and constructed for the purpose of separate occupation as a dwelling, whether or not it is subject to a separate tenancy.

(2)

For the purposes of this Part, the date of the tenancy of a dwelling shall be the date on which the parties entered into the tenancy of the premises which included that dwelling.

(Added 52 of 1981 s. 4)

51.

Meaning of

domestic tenancy

(Amended E.R. 4 of 2020)

(1)

For the purposes of section 50,

domestic tenancy

(

住宅租賃

) and

domestic sub-tenancy

(

住宅分租租賃

) mean a tenancy or sub-tenancy of premises let as a dwelling.

(2)

Notwithstanding the purpose for which premises were let, in determining the nature of a tenancy for the purposes of this Part, the following provisions shall apply—

(a)

in any agreement in writing between a landlord and tenant, or between a principal tenant and sub-tenant, a term that the premises shall be used for a specified purpose shall be prima facie evidence that the premises are being used for such purpose;

(b)

notwithstanding any evidence as to whether premises were originally let as a dwelling or not let as a dwelling, premises which are being used primarily for another purpose shall be deemed to have been let for such other purpose:

Provided that where such primary user is user as a dwelling and in breach of any term in the agreement with the landlord or principal tenant, as the case may be, then the tenant or sub-tenant shall be required to establish that such user has been agreed to by the landlord or principal tenant, expressly or by implication, or acquiesced in by him;

(c)

subject to paragraph (d), where there exists insufficient evidence as to whether premises were let as a dwelling or not let as a dwelling, the nature of the tenancy or sub-tenancy shall be determined by the primary user of the premises;

(d)

where there is evidence that premises were let otherwise than as a dwelling, or that they were being used otherwise than as a dwelling at the commencement of a sub-tenancy created out of the original tenancy, any premises the subject of such sub-tenancy shall themselves be deemed to be used otherwise than as a dwelling until the sub-tenant satisfies the Tribunal to the contrary;

(Amended 76 of 1981 s. 34)

(e)

the use of premises as a boarding or lodging house is a use other than as a dwelling.

(3)

In determining whether premises were let, or are being used, as a dwelling, the following may be taken into account—

(a)

the covenants, terms and conditions in any Government lease, tenancy or sub-tenancy;

(Amended 29 of 1998 s. 105)

(b)

any occupation permit given by the Building Authority under section 21 of the Buildings Ordinance (Cap. 123), or under any Ordinance replaced thereby, in relation to the premises;

(c)

normal additional uses of premises consistent with the domestic nature of a tenancy or sub-tenancy having regard to the following—

(i)

floor area in occupation part or full-time for such uses;

(ii)

the number of people engaged in such uses but not dwelling on the premises;

(iii)

the furnishings, fittings and contents of the premises; and

(iv)

the gross profits resulting from such uses relative to the rent or proportion thereof paid by the person making such profits.

(4)

Where a dispute arises as to whether a tenancy or sub-tenancy is domestic, the landlord, tenant, principal tenant or sub-tenant may, if primary user is relevant to the dispute apply in the specified form to the Commissioner for his certificate as to the primary user of the premises and shall specify in the form the nature of the dispute.

(4A)

Whether or not a dispute arises as to whether a tenancy or sub-tenancy is domestic, a landlord, tenant, principal tenant or sub-tenant may apply in the specified form to the Commissioner for his certificate as to the primary user of the premises.

(Added 56 of 1976 s. 3)

(4B)

Where a person applies to the Commissioner under subsection (4A) he shall—

(a)

specify in the application form a day, other than a public holiday, on which he would like the inspection to be carried out;

(b)

at the time when he lodges the application, pay such fee as may be determined by the Financial Secretary; and

(c)

lodge the application form with the Commissioner not less than 10 days before the day specified in the form.

(Added 56 of 1976 s. 3)

(4C)

(Repealed 32 of 1985 s. 9)

(4D)

The Commissioner shall, where practicable, carry out the inspection under subsection (5) on the day specified in the application or, if the inspection cannot be carried out on that day, as soon thereafter as is reasonably possible.

(Added 56 of 1976 s. 3)

(5)

Subject to subsection (5A), where an application under subsection (4) or (4A) is made to the Commissioner, he shall inspect the premises, and may—

(a)

where he is satisfied on the evidence available as to the primary user, issue free of charge in the case of an application under subsection (4) and serve on the landlord and tenant or principal tenant and sub-tenant, as the case may be, a certificate in the specified form as to the primary user of the premises on the day of his inspection;

(b)

where he is not so satisfied, issue free of charge in the case of an application under subsection (4) and serve on the landlord and tenant or principal tenant and sub-tenant, as the case may be, a notice in the specified form declining to express an opinion as to the primary user of the premises.

(Amended 56 of 1976 s. 3; 29 of 1983 s. 12)

(5A)

Where the Commissioner issues a certificate under subsection (5)(a), no further application may be made under subsection (4) or (4A) before the expiry of 1 year from the date on which that certificate is issued.

(Added 29 of 1983 s. 12)

(6)

A certificate issued by the Commissioner under subsection (5)(a) shall, for all purposes, including an application under subsection (8), be prima facie evidence of the facts set out therein and of the primary user of the premises on the day on which they were inspected.

(Amended 76 of 1981 s. 34)

(7)

(Repealed 29 of 1983 s. 12)

(8)

A party to any tenancy or sub-tenancy may apply to the Tribunal to determine whether or not a tenancy or sub-tenancy is domestic and the Tribunal may determine that question for the purposes of this Part.

(Replaced 29 of 1983 s. 12)

51A.

Transfer of tenancy to Part IV on joint application

(1)

A landlord and tenant, or principal tenant and sub-tenant, of premises to which this Part applies may apply jointly to the Commissioner in the specified form in triplicate for the tenancy, or sub-tenancy, to be excluded from the application of this Part.

(2)

An application under subsection (1) may be made during the contractual period of the tenancy, or sub-tenancy, or during its continuation under section 52(1) and shall be lodged with the Commissioner within 28 days of its execution.

(3)

The Commissioner shall—

(a)

if he is satisfied that the tenant, or sub-tenant, understands the effect of the exclusion of the tenancy, or sub-tenancy, from this Part and has not been subject to any undue pressure or influence, endorse his approval on copies of the application and serve a copy on each of the applicants; or

(b)

if he is not so satisfied, serve a notice to that effect on each of the applicants.

(4)

Where an application is endorsed under subsection (3)(a), the tenancy, or sub-tenancy, to which the application relates shall be excluded from the application of this Part and Part IV shall apply to it with effect from a future date specified in the application by the applicants or, if no such date is specified, from the date of that endorsement.

(5)

Where an application is endorsed under subsection (3)(a), that application shall constitute—

(a)

a discontinuance by an applicant of any proceedings under section 53 for possession of the premises to which that application relates; and

(b)

a waiver by an applicant to any right to increase the rent under this Part in relation to the premises to which that application relates.

(6)

The applicants may in the specified form specify the terms of the tenancy, or sub-tenancy, to which Part IV shall apply and the lodging of the application under this section shall be sufficient compliance with section 119L.

(Added 40 of 1984 s. 17)

51B.

Transfer of tenancy to Part IV on unilateral application

(1)

A landlord or tenant, or principal tenant or sub-tenant, of premises to which this Part applies may apply to the Commissioner in the specified form in duplicate for the tenancy, or sub-tenancy, to be excluded from the application of this Part.

(2)

An application under subsection (1) may be made—

(a)

during the contractual period of the tenancy, or sub-tenancy (but not earlier than 12 months before the expiry of that period); or

(b)

during its continuation under section 52(1).

(3)

An application under subsection (1) in relation to tenancy, or sub-tenancy, continuing under section 52(1) shall not be made—

(a)

within 12 months after the date on which an increase in rent (other than on account of improvements or an increase in rates) becomes effective; or

(b)

within 12 months after the date of service of a notice under subsection (5)(b) following an earlier application under this section.

(4)

Upon receipt of an application under subsection (1), the Commissioner shall serve a copy thereof on the other party and within 14 days of that service that party may make representations to the Commissioner.

(5)

The Commissioner shall consider any representations, determine any facts in dispute and shall—

(a)

if he is satisfied that the current rent for the premises is not less than 77% of the prevailing market rent, issue a certificate approving the application and serve 1 copy on the landlord, or principal tenant, and 1 copy on the tenant, or sub-tenant; or

(b)

if he is not so satisfied, issue and serve a notice to that effect on the landlord, or principal tenant, and on the tenant, or sub-tenant.

(6)

Where the Commissioner approves the application under subsection (5), he shall state in his certificate a date upon which the tenancy, or sub-tenancy, shall be excluded from this Part; and, on that date, the tenancy shall, subject to subsection (8), be excluded from the application of this Part and Part IV shall apply to it.

(7)

The date mentioned in subsection (6) shall be—

(a)

in a case where the application is made during the contractual period of the tenancy, or sub-tenancy, the date on which the Commissioner issues his certificate under subsection (5)(a):

Provided that the Commissioner shall not issue that certificate earlier than 7 months before the expiry of the contractual period; or

(b)

in a case where the application is made during the continuation of the tenancy, or sub-tenancy, under section 52(1) and—

(i)

the current rent is not less than the prevailing market rent; or

(ii)

the rent has not been increased (other than on account of improvements or an increase in rates) during that continuation,

the date on which the Commissioner issues his certificate under subsection (5)(a); or

(c)

in a case where—

(i)

the application is made during the continuation of the tenancy, or sub-tenancy, under section 52(1); and

(ii)

the current rent is less than the prevailing market rent; and

(iii)

the rent has been increased (other than on account of improvements or an increase in rates) during that continuation,

a date not more than 18 months and not less than 17 months after the date on which that increase became effective or, if there is more than 1 such increase, the date on which the last such increase became effective:

(Amended E.R. 4 of 2020)

Provided that, where a period of 18 months has elapsed since the date on which that increase or that last increase became effective, the date mentioned in subsection (6) shall be the date on which the Commissioner issues his certificate under subsection (5)(a).

(8)

A certificate issued under subsection (5)(a) shall not affect—

(a)

any proceedings under section 53 commenced before the date of the issue of that certificate; or

(b)

any right to increase the rent under this Part following a proper notice served under section 55, 55A, 56, 63 or 63A or a certificate issued by the Commissioner under section 56A or 58 before that date.

(9)

In this section—

current rent

(

現行租金

) means the rent, exclusive of rates, payable by the tenant, or sub-tenant at the date of the application under subsection (1);

(Amended E.R. 4 of 2020)

prevailing market rent

(

市值租金

) means the rent, exclusive of rates, at which the premises might reasonably be expected to be let on a term of 2 years at the date upon which the Commissioner issues his certificate or notice under subsection (5), on the terms of the tenancy, or sub-tenancy (other than those relating to rent and duration of the tenancy or sub-tenancy) but disregarding the effect of this Part.

(Added 40 of 1984 s. 17)

51C.

Review of decisions under sections 51A and 51B

(1)

Where the Commissioner—

(a)

serves a notice under section 51A(3)(b); or

(b)

serves a copy of his certificate under section 51B(5)(a); or

(c)

serves a notice under section 51B(5)(b),

a party to the tenancy, or sub-tenancy, which is the subject of the application under those sections and who is aggrieved may, within 14 days of that service, apply to the Commissioner by notice in duplicate in the specified form for a review of his decision.

(2)

On receipt of an application under subsection (1) and of such fee as may be determined by the Financial Secretary, the Commissioner shall review his decision and, after giving the parties the opportunity of making written submissions, he may affirm the decision or cancel it and decide the matter afresh, and shall serve a notice of his decision on the parties.

(Amended 32 of 1985 s. 10; 77 of 1988 s. 4)

(3)

(Repealed 32 of 1985 s. 10)

(Added 40 of 1984 s. 17)

51D.

Appeal

A party to the tenancy, or sub-tenancy, which is the subject of the application under section 51A or 51B and who is aggrieved by a decision of the Commissioner under section 51C 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.

(Added 40 of 1984 s. 17. Amended 77 of 1988 s. 5)

Continuation and Termination of Tenancies

52.

Continuation of tenancies

(1)

Where the contractual period of a tenancy or sub-tenancy, whether created before, on or after 19 December 1981, is terminated by effluxion of time or by the landlord or principal tenant, otherwise than by forfeiture, the tenancy or sub-tenancy shall not, subject to subsection (2), sections 52A and 53, come to an end during the continuance in force of this Part.

(Replaced 76 of 1981 s. 35. Amended 29 of 1983 s. 13)

(1A)

During the continuation of the tenancy or sub-tenancy under subsection (1), the contractual tenancy or sub-tenancy shall continue except to the extent that the terms and conditions thereof are varied under, or are inconsistent with, this Part.

(Replaced 29 of 1983 s. 13)

(1B)

During the continuation of the tenancy or sub-tenancy under subsection (1), the landlord or principal tenant shall have no right to forfeiture, re-entry or to obtain possession of the premises except as provided by section 53.

(Added 76 of 1981 s. 35)

(1C)

A tenancy or sub-tenancy which, immediately before 19 December 1981, was continuing under this Part shall be a tenancy or sub-tenancy continuing under subsection (1).

(Added 76 of 1981 s. 35)

(1D)

A tenancy or sub-tenancy shall not continue under subsection (1) where the tenant or sub-tenant delivers up vacant possession on termination of the contractual period of the tenancy or sub-tenancy.

(Added 76 of 1981 s. 35)

(2)

Subject to section 50(4), a tenancy or sub-tenancy shall not by virtue of this Part continue in existence after any change in the identity of the tenant, principal tenant or sub-tenant which would terminate such tenancy or sub-tenancy in law.

(3)

In every tenancy and sub-tenancy there shall, in the absence of any express covenant or condition, be implied a covenant to pay rent on the due date and a condition for forfeiture for non-payment within 15 days of such date.

(4)

(Repealed 53 of 1993 s. 20)

52A.

Surrender by tenant

(1)

Subject to subsection (2), a tenant or sub-tenant may agree to surrender a tenancy or sub-tenancy continuing under section 52(1).

(2)

An agreement mentioned in subsection (1) shall have no effect unless it is—

(a)

in the specified form;

(b)

lodged with the Commissioner within 28 days of execution, with such fee as may be determined by the Financial Secretary; and

(Amended 40 of 1984 s. 18; 32 of 1985 s. 11)

(c)

endorsed by the Commissioner under subsection (3).

(3)

The Commissioner—

(a)

shall satisfy himself that the tenant or sub-tenant—

(i)

in entering into an agreement under subsection (1) understands the effect of that agreement; and

(ii)

has not been subject to any undue pressure or influence;

(b)

may make such inquiries as he thinks fit for the purposes of paragraph (a); and

(c)

shall, if satisfied as to the matters mentioned in paragraph (a), endorse upon the agreement a certificate to the effect that he has approved it under this section.

(Amended 32 of 1985 s. 11)

(4)

The Commissioner shall not be obliged to be satisfied as to the reasonableness of any consideration payable under an agreement mentioned in this section.

(Added 29 of 1983 s. 14)

53.

Termination of tenancies

(1)

A tenancy or sub-tenancy continuing under section 52(1) shall come to an end when—

(a)

the tenant or sub-tenant delivers up vacant possession of the premises;

(aa)

with effect after 18 December 1981, the tenant or sub-tenant of the premises enters into a tenancy or sub-tenancy mentioned in paragraph (n) of section 50(6) of the same premises;

(Added 29 of 1983 s. 15)

(b)

an order of the Tribunal under subsection (2), (4A) or (4B) takes effect; or

(Amended 29 of 1983 s. 15)

(c)

the tenancy out of which the sub-tenancy was created is itself terminated:

Provided that upon such termination this Part shall apply to any tenancy arising under subsection (6A).

(Replaced 76 of 1981 s. 36)

(1A)

Where a tenant or sub-tenant fails to give at least 1 month’s notice of his intention to deliver up vacant possession under paragraph (a) of subsection (1), the landlord or principal tenant shall be entitled to 1 month’s rent in place of such notice.

(Added 76 of 1981 s. 36)

(2)

The Tribunal shall not make an order for possession of premises in respect of which there is a tenancy or sub-tenancy continuing under section 52(1) unless it is satisfied that—

(Amended 29 of 1983 s. 15)

(a)

any rent lawfully due from the tenant or sub-tenant has not been paid or, where any covenant or condition of the tenancy or sub-tenancy has been broken or not performed, such breach or non-performance would, but for this Part, have been a cause of forfeiture;

(b)

the premises or any part thereof are reasonably required by the landlord or principal tenant 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 1983 s. 15)

Provided that the Tribunal shall not make an order by reason only that the circumstances of the case fall within this paragraph 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 do so;

(ii)

in the case of a sub-tenancy, the Tribunal is satisfied having regard to 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 granting the order than by refusing it;

(Replaced 6 of 1980 s. 5)

(c)

the landlord or principal tenant intends to rebuild the premises;

(d)

the tenant or the sub-tenant has caused unnecessary annoyance, inconvenience or disturbance to the landlord or the principal tenant or to any other person:

(Amended 39 of 1979 s. 14)

Provided that no order shall be made 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 or principal tenant on the tenant or sub-tenant causing the same;

(Amended 93 of 1975 s. 14)

(e)

the tenant—

(i)

in the case of a tenancy to which this Part applied immediately prior to 18 December 1979, has at any time after 14 December 1973; and

(ii)

in any other case, has at any time after 18 December 1979,

in breach of the contractual tenancy sublet the whole or any part of the premises of which he is the tenant;

(Replaced 6 of 1980 s. 5)

(f)

the tenant or sub-tenant has used, or has suffered or permitted the use of, the premises of which he is the tenant or sub-tenant or any part thereof, for an immoral or illegal purpose;

(Added 6 of 1980 s. 5)

(g)

the tenant or the sub-tenant has entered into an endorsed agreement mentioned in section 52A and has failed to deliver up vacant possession under that agreement; or

(Added 29 of 1983 s. 15)

(h)

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. 15)

(2A)

(a)

For the purposes of subsection (2)(b)—

landlord or principal tenant

(

業主或主租客

) includes one or more landlords or principal tenants, holding the premises jointly or in common, with the other landlord or landlords or principal tenant or tenants so holding assenting to an order for possession;

(Amended E.R. 4 of 2020)

his father, his mother or any son or daughter of his

(

其父親

、

母親

、

兒子或女兒

) includes the father, mother, son or daughter of one or more landlords or principal tenants, holding the premises jointly or in common, with the other landlord or landlords or principal tenant or tenants so holding assenting to an order for possession.

(Added 29 of 1983 s. 15. Amended E.R. 4 of 2020)

(b)

For the purpose of subsection (2)(d), a tenant or sub-tenant who persistently fails to pay rent as and when it falls due may be regarded as causing unnecessary inconvenience to the landlord or principal tenant, as the case may be.

(Added 39 of 1979 s. 14)

(3)

For the purposes of subsection (2)(e) or (2)(h), where a landlord establishes a prima facie case that there has been an apparent change in the occupancy of the premises or of any part thereof, the tenant shall be deemed to have sublet such premises or such part unless he satisfies the Tribunal to the contrary.

(Amended 29 of 1983 s. 15)

(4)

(a)

An order for possession under subsection (2) shall take effect on such date as the Tribunal may order:

Provided that—

(i)

in a case where a person acquires a right which, but for section 52 and this section, would entitle him to occupy premises which are subject to a tenancy or sub-tenancy and the Tribunal makes an order for possession on the grounds mentioned in subsection (2)(b) before the expiry of a period of 12 months from the date of the acquisition, the Tribunal shall not make the order to take effect either earlier than 12 months or later than 18 months from the date of the acquisition; and

(ii)

in any other case, the Tribunal shall not make an order for possession to take effect later than 6 months from the date of the order.

(b)

Subparagraph (i) of paragraph (a) shall not have effect in relation to a case where a person entered into an enforceable contract to acquire the right mentioned in that paragraph before 19 June 1981; and in that case subparagraph (ii) of paragraph (a) shall apply.

(c)

When making an order for possession under subsection (2), the Tribunal may also order the payment of rent or mesne profits.

(Replaced 52 of 1981 s. 5)

(d)

When making an order for possession under subsection (2)(b), the Tribunal shall specify the name of the person for whose occupation it is satisfied the premises are required.

(Added 29 of 1983 s. 15)

(4A)

Subject to subsection (2)(b), where an application for an order for possession is made on the ground mentioned in that subsection 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 remain in possession of the remainder of the premises in terms of an order made under subparagraph (ii)—

(i)

make an order for possession of such part of the premises as the Tribunal thinks fit having regard to those reasonable requirements and all the circumstances of the case; and

(ii)

make such orders under subsection (4B) in relation to the remainder of the premises as it thinks fit; or

(b)

in any other case, make an order for possession of the whole of the premises.

(Added 29 of 1983 s. 15)

(4B)

Notwithstanding subsections (5), (6) and (6A), where the Tribunal makes an order for possession under subsection (4A) in relation to only part of the premises, it may, in relation to the remainder of the premises—

(a)

apportion that remainder for occupation by the tenant and any sub-tenant, by the tenant alone or by any sub-tenant alone as may be just and equitable;

(b)

having regard to the terms and conditions of the existing tenancy or sub-tenancy and subsection (6B)(b), fix the terms and conditions of the tenancy or sub-tenancy under which the remainder apportioned under paragraph (a) shall be occupied.

(Added 29 of 1983 s. 15)

(5)

Where a tenant has, in breach of the contractual tenancy, sublet the whole or any part of the premises, an order for possession of the premises under subsection (2) against the tenant shall also operate as an order for possession against the sub-tenant whether or not that sub-tenant is a party to the proceedings in which that order is granted.

(Replaced 76 of 1981 s. 36. Amended 40 of 1984 s. 19)

(6)

Where a tenant has, without breach of the contractual tenancy, sublet the whole or any part of the premises, the Tribunal shall not make any order for possession under subsection (2) against the sub-tenant unless—

(a)

the Tribunal makes the order on the ground mentioned in paragraph (b) or (c) of subsection (2); or

(b)

the Tribunal is satisfied that, if the application had been by the tenant for an order for possession against the sub-tenant, the tenant would have been entitled to such an order.

(Replaced 76 of 1981 s. 36)

(6A)

Where the Tribunal makes an order for possession against the tenant but does not make an order for possession against a sub-tenant to whom the premises or any part has been sublet, the sub-tenant shall become the tenant of the landlord on the same terms, subject to this Part, as the sub-tenant held from the principal tenant:

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 subsection, the Tribunal, on the application of the landlord, shall either, order the sub-tenant or the sub-tenants jointly to accept a tenancy of the whole premises on the same terms, subject to this Part, as the principal tenant held from the landlord or make an order for possession of the whole premises.

(Added 76 of 1981 s. 36)

(6B)

(a)

Any tenancy or sub-tenancy arising under subsections (4A) and (4B) or subsection (6A) shall be a tenancy or sub-tenancy to which this Part applies and which is continuing under section 52(1).

(b)

Where a sub-tenant becomes the tenant of a landlord under subsections (4A) and (4B) or subsection (6A), any subletting on or after 10 June 1983 under that tenancy by that tenant, without the written permission of the landlord, shall be in breach of the contractual tenancy.

(c)

For the purposes of section 64, the date of a tenancy or sub-tenancy arising under subsections (4A) and (4B) shall be the date of the order of the Tribunal.

(d)

Section 64 shall have effect in relation to a tenancy arising under subsection (6A) as it would have had effect in relation to the sub-tenancy from the principal tenant if that sub-tenancy had continued.

(Added 29 of 1983 s. 15)

(6C)

(a)

Where a landlord believes that a tenant may have, without breach of the contractual tenancy, sublet the whole or any part of the premises and the landlord is unable, with reasonable diligence, to ascertain the identity of any such sub-tenant, the Tribunal may, on an ex parte application by the landlord, make an order calling upon any sub-tenant to give notice to the landlord of his interest in the premises and may give directions regarding the service of that order.

(b)

Where any sub-tenant fails, within the period specified in the order mentioned in paragraph (a), to give notice to the landlord of his interest in the premises, the Tribunal may, when it makes an order for possession of the premises against the tenant, also make an order for possession against any sub-tenant.

(Added 40 of 1984 s. 19)

(7)

Subject to subsection (7A), a person—

(a)

who has obtained an order for possession of premises under subsection (2)(b) or (c) shall not for a period of 24 months after the date of that order—

(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 of an order for possession under subsection (2)(c), where the assignment, transfer or parting with possession is solely to facilitate the rebuilding of the premises; and

(b)

who has obtained an order for possession under subsection (2)(b) shall not for a period of 24 months after the date of that order 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 that subsection.

(Replaced 29 of 1983 s. 15)

(7A)

(a)

Where an applicant has obtained an order for possession under subsection (2)(b) or (c)—

(i)

the Tribunal may authorize him to let, assign, transfer or part with possession of the premises or any part thereof or 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 subsection (2)(b); and

(ii)

the Commissioner may, on an application accompanied by such fee as may be determined by the Financial Secretary, authorize the applicant to let the premises or any part thereof for a particular purpose and for a term not exceeding 1 year or to use, or allow the use, of for a period not exceeding 1 year, the premises or any part thereof for a particular purpose other than as a residence for the person for whose occupation the Tribunal was satisfied the premises were required under subsection (2)(b).

(Amended 29 of 1983 s. 15; 32 of 1985 s. 12)

(b)

The Tribunal or Commissioner, when granting an authority under paragraph (a) to let, shall specify the terms, including the rent, on which the premises or the part may be let:

Provided that the rent shall not be more than that payable by the tenant or sub-tenant last in possession.

(Replaced 76 of 1981 s. 36)

(7B)

Without prejudice to subsection (8), a person who contravenes subsection (7) 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 of a contravention of subsection (7)(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 (7)(a)(ii), 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 6 of 1980 s. 5. Amended 29 of 1983 s. 15)

(7C)

Any court which sentences a person for an offence under subsection (7B) may, in addition to imposing a penalty under that subsection, make an order under subsection (8) after hearing the former tenant or sub-tenant and the defendant.

(Added 6 of 1980 s. 5)

(7D)

(Repealed 29 of 1983 s. 15)

(7E)

A letting, assignment, transfer or parting with possession of premises or any part thereof shall not be void, voidable or unenforceable by reason only of a contravention of subsection (7).

(Added 76 of 1981 s. 36)

(7F)

Where, in an application for possession of premises under subsection (2), the applicant alleges a ground mentioned in paragraph (b) or (c) of subsection (2) and—

(a)

an order for possession is granted with the consent of the tenant or sub-tenant; or

(b)

the application does not proceed and the tenant or sub-tenant consents to deliver up vacant possession of the premises,

the applicant shall be deemed, for the purposes of subsections (7), (7G) and (8), to have obtained an order for possession under paragraph (b) or (c) of subsection (2); and, in a case mentioned in paragraph (b) of this subsection and for the purposes of fixing the commencement of the period mentioned in subsection (7), the date of the order shall be deemed to be the date upon which the application for possession is issued from the Tribunal.

(Added 76 of 1981 s. 36)

(7G)

Any applicant who has obtained an order for possession under paragraph (b) or (c) of subsection (2) shall be presumed, until the contrary is shown, to have knowledge of that order, of the application for possession, of the grounds alleged upon which the order was obtained, of the outcome of the application and of any consent given by the tenant or sub-tenant in connection with the order or the delivery of vacant possession.

(Added 76 of 1981 s. 36)

(8)

Where a landlord or principal tenant has obtained an order for possession of the premises under subsection (2) and it is subsequently made to appear to the Tribunal that the order was obtained by the misrepresentation or concealment of material facts or where such landlord or principal tenant is shown to have acted in contravention of subsection (7), the Tribunal or, as the case may be, the court referred to in subsection (7C) may order the landlord or principal tenant to pay to the former tenant or sub-tenant such sum as it thinks fit by way of compensation for damage or loss sustained by that tenant or sub-tenant as a result of the order.

(Amended 32 of 1985 s. 12)

[cf. 1968 c. 23 s. 19 U.K.]

(9)

Where a tenant or sub-tenant successfully opposes an order for possession of the premises under subsection (2) 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, the Tribunal may order the tenant or sub-tenant to pay to the landlord or principal tenant such sum as it thinks fit by way of compensation for damage or loss sustained by the landlord or principal tenant as a result of that opposition.

(Added 76 of 1981 s. 36)

(Amended 76 of 1981 s. 36)

53A.

Restriction on order for possession for rebuilding

(1)

The Tribunal shall not make an order for possession of premises on the ground mentioned in paragraph (c) of section 53(2) unless, in addition, it is satisfied 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; and, 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 it is satisfied as mentioned in paragraph (c) of section 53(2) and this subsection, if that be the case;

(ii)

postpone the hearing of the application to enable the landlord or principal tenant to apply for that approval or authority; and

(iii)

if that approval or authority is obtained, but not otherwise, make an order for possession of the premises.

(2)

Where the Tribunal grants an order for possession on the grounds mentioned in paragraph (c) of section 53(2), it 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. 16; 32 of 1985 s. 13)

(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. 16)

(3)

The Commissioner shall cause an order of the Tribunal under this section to be registered by memorial in the Land Registry against the premises affected and the conditions imposed under subsection (2) 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—

(i)

where the rateable value of the premises does not exceed $30,000, an amount equal to 7 times the rateable value;

(ii)

where the rateable value of the premises exceeds $30,000 and does not exceed $60,000, $210,000 plus 5 times the amount by which the rateable value exceeds $30,000;

(iii)

where the rateable value of the premises exceeds $60,000 and does not exceed $90,000, $360,000 plus 3 times the amount by which the rateable value exceeds $60,000;

(iv)

where the rateable value of the premises exceeds $90,000, $450,000 plus the amount equivalent to that by which the rateable value exceeds $90,000.

(Replaced L.N. 153 of 1996)

(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. 20)

(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—

premises

(

處所

) means the subject matter of a tenancy;

(Amended E.R. 4 of 2020)

rateable value

(

應課差餉租值

) means—

(a)

in the case of premises being a tenement that was, at the date of the application for an order for possession on the ground mentioned in section 53(2)(c), included in the valuation list in force under section 14 of the Rating Ordinance (Cap. 116), the rateable value of those premises contained in that list on that date (disregarding any amendment or alteration to that list made after that date, even if retrospective);

(Amended 22 of 1995 s. 36)

(b)

in any other case, the rateable value that would have been contained in that list on that date had the premises been included in that list, a certificate signed by the Commissioner as regards the premises for the purposes of this section being final and binding as to such value.

(Replaced 53 of 1993 s. 21. Amended E.R. 4 of 2020)

(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. 20)

(f)

Where an order for possession on the ground mentioned in section 53(2)(c) is made pursuant to an application made before the commencement* of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1993 (53 of 1993), the definition of rateable value in paragraph (d) shall be construed as if each reference to the date of the application were a reference to the date of that commencement.

(Added 53 of 1993 s. 21. Amended E.R. 4 of 2020)

(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 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—

(Amended E.R. 4 of 2020)

(i)

where the applicant for an order for possession holds the premises under a Government lease or other tenancy from the Government, decree such breach to be a breach of covenant in the Government lease or of a condition or stipulation in the tenancy and a right of re-entry under the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) shall accrue to the Government; or

(Amended 29 of 1998 s. 5)

(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

(

住宅

) has the meaning given to that phrase by section 50C(1).

(Added 76 of 1981 s. 37)

Editorial Note:

* Commencement date: 2 July 1993.

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; E.R. 4 of 2020)

(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 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; 53 of 1993 s. 22)

(3)

Where there is an increase in rent under an agreement mentioned in subsection (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 74B(4) 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).

(Amended 53 of 1993 s. 22)

(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 74B(4) 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; 53 of 1993 s. 22)

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

(

改善

) includes structural alteration, extension or addition and the provision of additional fixtures and fittings, but does not include anything done by way of decoration or repair;

landlord

(

業主

) includes principal tenant;

tenant

(

租客

) 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.

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)

20% of the current rent,

(Amended L.N. 519 of 1996)

whichever is the lesser:

Provided that if, on the date that the Commissioner receives the application under section 57, the sum of the amount so ascertained and the current rent is less than the percentage of the prevailing market rent specified below in relation to the period within which that date falls, the amount shall be the difference between that percentage of the prevailing market rent and the current rent.

Period	Percentage of prevailing market rent
Before 1 July 1994	75
After 30 June 1994 and before 1 July 1995	80
After 30 June 1995 and before 1 July 1996	85
After 30 June 1996 and before 13 December 1996	90
After 12 December 1996	80

(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; 53 of 1993 s. 23; L.N. 519 of 1996)

(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 and periods 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; 53 of 1993 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 on the parties a notice of his decision in the specified form.

(Replaced 76 of 1981 s. 41. Amended 32 of 1985 s. 16; 77 of 1988 s. 6; 53 of 1993 s. 24)

(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.

(Amended E.R. 4 of 2020)

(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 at level 1.

(Amended E.R. 4 of 2020)

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 at level 1.

(Amended E.R. 4 of 2020)

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 High Court Ordinance (Cap. 4); and

(Amended 25 of 1998 s. 2)

(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. Amended E.R. 4 of 2020)

(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 landlord or other person in control of the premises, enter at any reasonable time during daylight (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. Amended E.R. 4 of 2020)

(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 at level 3 and to imprisonment for 3 months.

(Added 29 of 1983 s. 25. Amended 40 of 1984 s. 26; E.R. 4 of 2020)

(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

(

法院

) 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 Government 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.

(Amended 44 of 2000 s. 3)

(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 at level 2.

(Added 40 of 1984 s. 27. Amended E.R. 4 of 2020)

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 sub-tenant, 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 sub-tenant 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 subsections (3), (4) and (5), this Part shall expire at midnight on 31 December 1998.

(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; 53 of 1993 s. 25; L.N. 519 of 1996)

(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)

(3)

Section 53A(5) shall continue in operation despite the expiry of this Part.

(Added 53 of 1993 s. 25)

(4)

If, within 2 years before the expiry of this Part under subsection (1)—

(Amended E.R. 4 of 2020)

(a)

an increase of the rent payable under a tenancy or sub-tenancy, other than an increase under section 55A, 56, 56A, 63 or 63A, becomes effective; or

(b)

a notice of an alteration in rent under a tenancy or sub-tenancy is lodged with the Commissioner under section 55(1); or

(c)

the landlord or principal tenant of any premises the subject of a tenancy or sub-tenancy serves notice of an increase in rent in accordance with section 61(1); or

(d)

the Tribunal makes an order under section 60,

this Part, except section 57, shall continue to apply to that tenancy or sub-tenancy for a period of 2 years from the date on which that increase or alteration becomes effective.

(Added 53 of 1993 s. 25)

(5)

If, before this Part ceases to apply to any particular tenancy or sub-tenancy of premises, an application for an order for possession of the premises is made on a ground mentioned in section 53(2)—

(a)

sections 53 and 53A shall continue to apply to that application notwithstanding this section;

(b)

an order of the Tribunal under section 53(2), (4A), (4B) or (6A) shall take effect notwithstanding Part IV; and

(c)

any tenancy arising under section 53(4A), (4B) or (6A) after this Part has ceased to apply to the premises shall be governed by Part IV.

(Added 53 of 1993 s. 25)

(6)

Subject to subsection (5), when by virtue of subsection (1) or (4) this Part ceases to apply to any particular tenancy or sub-tenancy, Part IV shall apply to that tenancy or sub-tenancy.

(Added 53 of 1993 s. 25)

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)

Editorial Note:

* Commencement date: 15 February 1980.

Part III

Distress for Rent

Interpretation and Application

75.

Interpretation

In this Part, unless the context otherwise requires—

Commissioner

(

署長

) means the Commissioner of Rating and Valuation; (Added 32 of 2002 s. 2)

court

(

法院

) means the District Court;

rateable value

(

應課差餉租值

) means—

(a)

in the case of premises being a tenement included in the valuation list in force under section 14 of the Rating Ordinance (Cap. 116), the rateable value shown in that list; or

(Amended 22 of 1995 s. 36)

(b)

in any other case, the rateable value certified under section 75A;

(Added 37 of 1986 s. 4)

Registrar

(

司法常務官

) means the Registrar of the District Court;

warrant

(

手令

) means a warrant of distress for arrears of rent.

(Amended 5 of 1924 Schedule; 13 of 1966 Schedule; 22 of 1995 s. 36)

75A.

Certificate as to rateable value

(1)

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—

(Amended 32 of 2002 s. 3)

(a)

in the case of premises being a tenement included in the valuation list in force under section 14 of the Rating Ordinance (Cap. 116), the rateable value shown in that list; or

(Amended 22 of 1995 s. 36)

(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.

(2)

A person may apply to the Commissioner for a certificate under subsection (1).

(Added 32 of 2002 s. 3)

(3)

An application under subsection (2) shall—

(a)

be made by sending a notice in the specified form to the Commissioner; and

(b)

be accompanied by such fee as may be determined by the Financial Secretary by notice published in the Gazette.

(Added 32 of 2002 s. 3)

(4)

The Commissioner shall comply with an application under subsection (2).

(Added 32 of 2002 s. 3)

(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. 1 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 at level 1 or to imprisonment for 3 months, in addition to any other liability which he may have incurred by his proceedings.

(1 of 1883 s. 2 incorporated. Amended 51 of 1911 s. 4; 21 of 1912; 22 of 1950 Schedule; E.R. 4 of 2020)

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 1911; 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 High Court Ordinance (Cap. 4).

(Amended 92 of 1975 s. 58; 25 of 1998 s. 2)

(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 9 a.m. and before 7 p.m., 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; 32 of 2002 s. 4)

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; L.N. 446 of 1994)

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

(Amended E.R. 4 of 2020)

(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 the same.

(1 of 1883 s. 19 incorporated. Amended L.N. 587 of 1995)

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, on 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 $100,000 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; 32 of 2002 s. 5)

(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, and 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 Government suits, until the claim for rent due to the landlord or lessor or person entitled to receive the rent is satisfied:

(Amended 44 of 2000 s. 3)

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 Court of First Instance 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 Court of First Instance 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; 25 of 1998 s. 2)

(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 arrear 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 arrear 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 arrear 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, authorize 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 guilty of an offence triable upon indictment.

(1 of 1883 s. 40 incorporated. Amended 50 of 1991 s. 4; 32 of 2002 s. 6)

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, nor 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 Government rents

Nothing in this Part shall be held to apply to rents due to the Government.

(1 of 1883 s. 43 incorporated. Amended 29 of 1998 s. 105)

114.

Power to amend Schedules

The Chief Justice 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; 44 of 2000 s. 3; 32 of 2002 s. 7)

114A.

Forms

(1)

The Commissioner may specify the forms to be used under section 75A(3)(a).

(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.

(Added 32 of 2002 s. 8)

Part IV

New Tenancies of Domestic Premises

(Part IV replaced 76 of 1981 s. 52)

Editorial Note:

Sections 116(3), (4) and (4A), 117(1) and (2), 118, 119, 119A, 119AA#, 119B, 119C, 119D, 119E, 119F, 119FA, 119FB#, 119G, 119H, 119I, 119J, 119K, 119M, 119N, 119NA, 119O, 119P and 119Q of Part IV were repealed by s. 3 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2004 (16 of 2004). For the saving and transitional provisions, see ss. 5 to 7 of 16 of 2004.

#	Sections 119AA and 119FB were added by ss. 14 and 19 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2002 (32 of 2002). Both sections have not yet commenced operation before their repeal by s. 3 of 16 of 2004.

Interpretation and Application

115.

Interpretation

(1)

In this Part, unless the context otherwise requires—

Commissioner

(

署長

) means the Commissioner of Rating and Valuation;

domestic tenancy

(

住宅租賃

) means a tenancy of premises let as a dwelling;

(Replaced 53 of 1993 s. 26)

forfeiture

(

沒收租賃權

) 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

(

業主

) includes any person, other than the Government, who is, from time to time, entitled to receive rent in respect of any premises and, in relation to a particular tenant, means the person entitled to receive rent from that tenant;

(Amended 29 of 1998 s. 105)

notice to quit

(

遷出通知書

) means a notice to terminate a tenancy given in accordance with the express or implied provisions of that tenancy;

premises

(

處所

) means the subject matter of any tenancy;

(Added 29 of 1983 s. 29)

tenancy

(

租賃

) means a tenancy entered into orally or in writing and includes—

(a)

an agreement for a tenancy; and

(b)

a sub-tenancy;

(Amended 16 of 2004 s. 10)

(c)

(Repealed 16 of 2004 s. 10)

tenant

(

租客

) does not include a Government lessee but includes—

(Amended 29 of 1998 s. 105)

(a)

a sub-tenant; and

(b)

any government other than the Government of the Hong Kong Special Administrative Region, or a public body, corporation, partnership or firm which is the tenant of premises which is the subject matter of a tenancy to which this Part applies;

(Amended 23 of 1998 s. 2)

Tribunal

(

審裁處

) means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap. 17).

(2)

(Repealed 53 of 1993 s. 26)

(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)

(Amended 16 of 2004 s. 10)

[cf. 1954 c. 56 s. 46 U.K.]

115A.

Determining the nature of a tenancy

(1)

Notwithstanding the purpose for which premises were let, in determining the nature of a tenancy for the purposes of this Part the following provisions shall apply—

(a)

in any agreement in writing between a landlord and tenant, a term that the premises shall be used for a specified purpose shall be prima facie evidence that the premises are being used for such purpose;

(b)

notwithstanding any evidence as to whether premises were originally let as a dwelling or not let as a dwelling, premises which are being used primarily for another purpose shall be deemed to have been let for such other purpose; but where such primary user is user as a dwelling and in breach of any term in the agreement with the landlord, the onus is on the tenant to establish that such user has been agreed to by the landlord, expressly or by implication, or acquiesced in by him;

(c)

subject to paragraph (d), where there exists insufficient evidence as to whether premises were let as a dwelling or not let as a dwelling, the nature of the tenancy shall be determined by the primary user of the premises;

(d)

where there is evidence that premises were let otherwise than as a dwelling, or that they were being used otherwise than as a dwelling at the commencement of a sub-tenancy created out of the original tenancy, any premises the subject of such sub-tenancy shall themselves be deemed to be used otherwise than as a dwelling until the sub-tenant satisfies the Tribunal to the contrary;

(e)

the use of premises as a boarding or lodging house is a use other than as a dwelling.

(2)

In determining whether premises were let, or are being used, as a dwelling, the following may be taken into account—

(a)

the covenants, terms and conditions in any Government lease or tenancy;

(Amended 29 of 1998 s. 105)

(b)

any occupation permit given by the Building Authority under section 21 of the Buildings Ordinance (Cap. 123), or under any Ordinance replaced thereby, in relation to the premises;

(c)

normal additional uses of premises consistent with the domestic nature of a tenancy having regard to the following—

(i)

floor area in occupation part or full-time for such uses;

(ii)

the number of people engaged in such uses but not dwelling on the premises;

(iii)

the furnishings, fittings and contents of the premises; and

(iv)

the gross profits resulting from such uses relative to the rent or proportion thereof paid by the person making such profits.

(3)

Where a dispute arises as to whether a tenancy is domestic, the landlord or tenant may, if primary user is relevant to the dispute, apply in the specified form to the Commissioner for his certificate as to the primary user of the premises and shall specify in the form the nature of the dispute.

(4)

Whether or not a dispute arises as to whether a tenancy is domestic, a landlord or tenant may apply in the specified form to the Commissioner for his certificate as to the primary user of the premises.

(5)

Where a person applies to the Commissioner under subsection (4) he shall—

(a)

specify in the application form a day, other than a public holiday, on which he would like the inspection to be carried out;

(b)

at the time when he lodges the application, pay such fee as may be determined by the Financial Secretary by notice published in the Gazette; and

(Amended 32 of 2002 s. 9)

(c)

lodge the application form with the Commissioner not less than 10 days before the day specified in the form.

(6)

The Commissioner shall, where practicable, carry out the inspection under subsection (7) on the day specified in the application or, if the inspection cannot be carried out on that day, as soon thereafter as is reasonably possible.

(7)

Subject to subsection (8), where an application under subsection (3) or (4) is made to the Commissioner, he shall inspect the premises, and may—

(a)

where he is satisfied on the evidence available as to the primary user, issue free of charge in the case of an application under subsection (3) and serve on the landlord and tenant a certificate in the specified form as to the primary user of the premises on the day of his inspection;

(b)

where he is not so satisfied, issue free of charge in the case of an application under subsection (3) and serve on the landlord and tenant a notice in the specified form declining to express an opinion as to the primary user of the premises.

(8)

Where the Commissioner issues a certificate under subsection (7)(a), no further application may be made under subsection (3) or (4) before the expiry of 1 year from the date on which that certificate is issued.

(9)

A certificate issued by the Commissioner under subsection (7)(a) shall, for all purposes, including an application under subsection (10), be prima facie evidence of the facts set out therein and of the primary user of the premises on the day on which they were inspected.

(10)

A party to any tenancy may apply to the Tribunal to determine whether or not a tenancy is domestic and the Tribunal may determine that question for the purposes of this Part.

(Added 53 of 1993 s. 27)

116.

Application of this Part

(1)

Subject to subsection (2), this Part applies to any domestic tenancy—

(Amended 16 of 2004 s. 11)

(a)

notwithstanding any provision in such tenancy, including any provision purporting generally or specifically to exclude this Part; and

(b)

including any domestic tenancy to which Part I or II has ceased to apply.

(Replaced 53 of 1993 s. 28. Amended E.R. 4 of 2020)

(1A)-(1B)

(Repealed 53 of 1993 s. 28)

(2)

This Part shall not apply to any tenancy—

(a)

to which Part I, II or IVA applies; or

(Amended E.R. 4 of 2020; 36 of 2021 s. 3)

(b)

of land unbuilt on; or

(Replaced 53 of 1993 s. 28)

(ba)

of agricultural land, which expression shall have the meaning assigned to it by section 36 of the Rating Ordinance (Cap. 116), including such a tenancy where there is on the land a dwelling house occupied by persons working the land; or

(Added 53 of 1993 s. 28)

(bb)

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, being terms and conditions which require him to vacate the accommodation on ceasing to be so employed; or

(Added 53 of 1993 s. 28)

(bc)

held from the Government, the Hong Kong Housing Authority, the Hong Kong Housing Society or the Hong Kong Settlers Housing Corporation Limited, or a sub-tenancy created out of such a tenancy; or

(Added 53 of 1993 s. 28. Amended 29 of 1998 s. 105)

(bd)

in writing created after 18 December 1981 for a fixed term of 5 years or longer which contains no provision—

(i)

for earlier determination by the landlord otherwise than by forfeiture; and

(ii)

for any premium or fine or for any increase in the rent during the fixed term; or

(Added 53 of 1993 s. 28)

(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).

(Added 29 of 1983 s. 30. Amended 16 of 2004 s. 11)

(3)-(4)

(Repealed 16 of 2004 s. 3)

(4A)

(Repealed 16 of 2004 s. 3)

(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 widow, 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)-(2)

(Repealed 16 of 2004 s. 3)

(3)

In the case of a tenancy entered into on or after the commencement* of this subsection—

(a)

if the tenancy does not contain a covenant to pay the rent on the due date, then there shall be implied in the tenancy—

(i)

a covenant to pay the rent on the due date; and

(ii)

a condition for forfeiture if that implied covenant is broken by virtue of non-payment of the rent within 15 days of the due date;

(b)

if the tenancy—

(i)

does contain a covenant to pay the rent on the due date; but

(ii)

does not contain a condition for forfeiture if that covenant is broken by virtue of non-payment of the rent,

then there shall be implied in the tenancy a condition for forfeiture if that covenant is broken by virtue of non-payment of the rent within 15 days of the due date;

(c)

if the tenancy does not contain a covenant substantially to the effect that the tenant not use, or suffer or permit the use of, the premises or any part thereof for an immoral or illegal purpose, then there shall be implied in the tenancy—

(i)

a covenant that the tenant not use, or suffer or permit the use of, the premises or any part thereof for an immoral or illegal purpose; and

(ii)

a condition for forfeiture if that implied covenant is broken;

(d)

if the tenancy—

(i)

does contain a covenant substantially to the effect that the tenant not use, or suffer or permit the use of, the premises or any part thereof for an immoral or illegal purpose; but

(ii)

does not contain a condition for forfeiture if that covenant is broken,

then there shall be implied in the tenancy a condition for forfeiture if that covenant is broken;

(e)

if the tenancy does not contain a covenant substantially to the effect that the tenant not cause unnecessary annoyance, inconvenience or disturbance to the landlord or to any other person, then there shall be implied in the tenancy—

(i)

a covenant that the tenant not cause unnecessary annoyance, inconvenience or disturbance to the landlord or to any other person; and

(ii)

a condition for forfeiture if that implied covenant is broken;

(f)

if the tenancy—

(i)

does contain a covenant substantially to the effect that the tenant not cause unnecessary annoyance, inconvenience or disturbance to the landlord or to any other person; but

(ii)

does not contain a condition for forfeiture if that covenant is broken,

then there shall be implied in the tenancy a condition for forfeiture if that covenant is broken;

(g)

if the tenancy does not contain a covenant substantially to the effect that the tenant not make any structural alteration to, or suffer or permit any structural alteration to, the premises without the prior written consent of the landlord, then there shall be implied in the tenancy—

(i)

a covenant that the tenant not make any structural alteration to, or suffer or permit any structural alteration to, the premises without the prior written consent of the landlord; and

(ii)

a condition for forfeiture if that implied covenant is broken; and

(h)

if the tenancy—

(i)

does contain a covenant substantially to the effect that the tenant not make any structural alteration to, or suffer or permit any structural alteration to, the premises without the prior written consent of the landlord; but

(ii)

does not contain a condition for forfeiture if that covenant is broken,

then there shall be implied in the tenancy a condition for forfeiture if that covenant is broken.

(Added 32 of 2002 s. 11)

(4)

For the avoidance of doubt, it is hereby declared that, for the purposes of subsection (3)(b)(ii), (d)(ii), (f)(ii) or (h)(ii), a tenancy mentioned in that subsection which contains a condition for forfeiture which may not be exercised solely on the ground mentioned in that subsection is, notwithstanding that, still a tenancy which contains a condition for forfeiture mentioned in that subsection.

(Added 32 of 2002 s. 11)

(5)

It is hereby declared that—

(a)

subsection (3)(a) and (b) shall have effect subject to section 58(4) and (10) of the Conveyancing and Property Ordinance (Cap. 219) (and notwithstanding subsection (14) of that section);

(b)

subsection (3)(c), (d), (e), (f), (g) and (h) shall have effect subject to section 58(1) to (13) of the Conveyancing and Property Ordinance (Cap. 219) (and notwithstanding subsection (14) of that section);

(c)

for the purposes of subsection (3)(e) and (f), the persistent delay of payment of rent is unnecessary annoyance, inconvenience or disturbance.

(Added 32 of 2002 s. 11)

[cf. 1954 c. 56 s. 24 U.K.]

Editorial Note:

* Commencement date: 27 December 2002.

118.

(Repealed 16 of 2004 s. 3)

119.

(Repealed 16 of 2004 s. 3)

119A.

(Repealed 16 of 2004 s. 3)

119B.

(Repealed 16 of 2004 s. 3)

119C.

(Repealed 16 of 2004 s. 3)

Application to Tribunal for new tenancy

119D.

(Repealed 16 of 2004 s. 3)

119E.

(Repealed 16 of 2004 s. 3)

119F.

(Repealed 16 of 2004 s. 3)

119FA.

(Repealed 16 of 2004 s. 3)

119G.

(Repealed 16 of 2004 s. 3)

119H.

(Repealed 16 of 2004 s. 3)

119I.

(Repealed 16 of 2004 s. 3)

119J.

(Repealed 16 of 2004 s. 3)

119K.

(Repealed 16 of 2004 s. 3)

119L.

Endorsement of tenancy agreement

(1)

Where the parties enter into or renew a tenancy to which this Part applies, the landlord shall lodge with the Commissioner a notice in the specified form, and the Commissioner shall—

(a)

endorse the notice with the date of its receipt; and

(b)

notify both parties of the receipt of the notice.

(Replaced 16 of 2004 s. 4)

(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 such fee as may be determined by the Financial Secretary by notice published in the Gazette, at any time.

(Added 40 of 1984 s. 34. Amended 32 of 2002 s. 21)

(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.

(Repealed 16 of 2004 s. 3)

119N.

(Repealed 16 of 2004 s. 3)

119NA.

(Repealed 16 of 2004 s. 3)

119O.

(Repealed 16 of 2004 s. 3)

119P.

(Repealed 16 of 2004 s. 3)

119Q.

(Repealed 16 of 2004 s. 3)

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 and 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 at level 1.

(Amended E.R. 4 of 2020)

(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 115A(10).

(Amended 32 of 2002 s. 24)

(3)

(Repealed 32 of 2002 s. 24)

(4)

Any determination or order of the Tribunal under this Part shall be final.

(Amended 16 of 2004 s. 12)

119T.

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;

(b)

require the landlord or tenant or former landlord or 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;

(d)

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;

(Amended E.R. 4 of 2020)

(e)

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 landlord or other person in control of the premises, enter at any reasonable time during daylight (using such force as may be necessary) and inspect any premises and take such measurements and other particulars as he thinks fit.

(Amended E.R. 4 of 2020)

(1A)

The Commissioner may disclose any information obtained under this Part to any specified person where in his opinion the disclosure will enable or assist the person to perform a function or exercise a power (including a right) imposed or conferred on the person by—

(a)

this Ordinance;

(b)

the Rating Ordinance (Cap. 116); or

(c)

the Government Rent (Assessment and Collection) Ordinance (Cap. 515).

(Added 32 of 2002 s. 25)

(1B)

In subsection (1A),

specified person

(

指明人士

) means—

(a)

the Tribunal or a court or magistrate; or

(b)

a public officer acting in his capacity as a public officer.

(c)

(Repealed 16 of 2004 s. 13)

(Added 32 of 2002 s. 25. Amended 16 of 2004 s. 13)

(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.

(Added 53 of 1993 s. 30)

119TA.

Use of returned requisition as evidence

(1)

A returned requisition shall, in any proceedings before the Tribunal, a magistrate, the District Court or the Court of Appeal, be admissible as evidence of the facts stated in the returned requisition; and any document purporting to be a returned requisition shall in any such proceedings be presumed, unless the contrary is shown—

(a)

to be such a returned requisition;

(b)

to have been made by the person by whom it purports to have been made; and

(c)

if it purports to have been made by a person in a capacity specified in the returned requisition, to have been made by him in that capacity.

(2)

In subsection (1),

returned requisition

(已交回的申報表) means either—

(a)

a notice under section 119L(1) lodged with the Commissioner; or

(b)

a requisition—

(i)

served under section 119T(1)(a) on a person;

(ii)

served under section 5(1)(a) of the Rating Ordinance (Cap. 116) on the owner or occupier of a tenement; or

(iii)

served under section 31(1)(a) of the Government Rent (Assessment and Collection) Ordinance (Cap. 515) on the lessee of an applicable lease or the owner or occupier of a tenement,

and returned by him to the Commissioner containing or purporting to contain all or any of the particulars required to be given by him to the Commissioner.

(Added 32 of 2002 s. 26)

119U.

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 119T(1)(a);

(b)

refuses or neglects to exhibit any document he is required to exhibit under section 119T(1)(b);

(c)

refuses to allow the Commissioner to take copies of any document exhibited under section 119T(1)(b); or

(d)

obstructs or evades the exercise of any power under section 119T(1)(c), (d) or (e),

commits an offence and is liable to a fine at level 3 and to imprisonment for 3 months.

(Amended E.R. 4 of 2020)

(2)

Where the Commissioner is frustrated or obstructed in the exercise of any power under section 119T(1)(c), (d) or (e), 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, 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.

(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.

(4)

In this section,

court

(

法院

) means the District Court, the Tribunal or a magistrate.

(Added 53 of 1993 s. 30)

119V.

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 by the court—

(a)

on a first conviction, to a fine of $500,000 and to imprisonment for 12 months;

(b)

on a second or subsequent conviction, to a fine of $1,000,000 and to imprisonment for 3 years.

(2)

Subject to subsection (3), any person who, in relation to any premises—

(a)

either—

(i)

does any act calculated to interfere with the peace or comfort of the tenant or sub-tenant or members of his household; or

(ii)

persistently withdraws or withholds services reasonably required for occupation of the premises as a dwelling; and

(b)

knows, or has reasonable cause to believe, that that conduct is likely to cause the tenant or sub-tenant—

(i)

to give up occupation of the premises; or

(ii)

to refrain from exercising any right or pursuing any remedy in respect of the premises,

commits an offence and is liable on conviction on indictment by the court—

(i)

on a first conviction, to a fine of $500,000 and to imprisonment for 12 months;

(ii)

on a second or subsequent conviction, to a fine of $1,000,000 and to imprisonment for 3 years.

(3)

A person does not commit an offence under subsection (2) if he proves that he had reasonable grounds for doing the act, or withdrawing or withholding the services, concerned.

(4)

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—

(a)

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 conduct constituting the offence;

(b)

to forfeit to the Government 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.

(5)

In this section—

premises

(

處所

) includes part of any premises.

(Replaced 32 of 2002 s. 27)

119W.

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 at level 2.

(Added 53 of 1993 s. 30. Amended E.R. 4 of 2020)

119X.

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.

(Added 53 of 1993 s. 30)

119Y.

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 to which this Part applies may be effected—

(a)

by personal service;

(b)

by post, addressed to the last known place of business or residence of the person to be served;

(c)

in the case of service on a tenant, by leaving the notice, application, certificate or other document with an adult occupier of the premises in which the 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.

(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 53 of 1993 s. 30)

120.

(Repealed 53 of 1993 s. 31)

Part IVA

Regulated Tenancies

(Part IVA added 36 of 2021 s. 4)

Division 1

Interpretation and Application

120AA.

Interpretation

(1)

In this Part—

building

(

建築物

) means a building or structure constructed or adapted for use in accordance with a building plan;

building plan

(

建築圖則

) means a plan—

(a)

approved by the Building Authority under the Buildings Ordinance; or

(b)

prepared by the Hong Kong Housing Authority in relation to a building to which the Buildings Ordinance does not apply under section 18(2) of the Housing Ordinance (Cap. 283);

Buildings Ordinance

(

《建築物條例》

) means the Buildings Ordinance (Cap. 123);

child

(

子女

) includes an illegitimate child, a stepchild and a child adopted in a way recognized by law, and

parent

(

父母

),

grandchild

(

孫

、

外孫

) and

grandparent

(

祖父母

、

外祖父母

) are to be construed accordingly;

Commissioner

(

署長

) means the Commissioner of Rating and Valuation;

communication services

(

通訊服務

) means services enabling any of the following to be used—

(a)

a telephone other than a mobile telephone;

(b)

the Internet;

(c)

a cable television;

(d)

a satellite television;

control percentage

(

管制百分比

)—see section 120AAZE(2)(a);

court

(

法院

) means the Court of First Instance, the District Court or the Tribunal;

deed of mutual covenant

(

公契

), in relation to a building, means a document—

(a)

that defines the rights, interests and obligations of owners of the building among themselves; and

(b)

that is registered in the Land Registry;

domestic tenancy

(

住宅租賃

) means a tenancy of premises let as a dwelling;

family member

(

家庭成員

), in relation to a person, means—

(a)

the person’s spouse;

(b)

the person’s parent;

(c)

the person’s adult child;

(d)

the person’s grandparent; or

(e)

the person’s adult grandchild;

first term

(

首租期

) means—

(a)

the term referred to in section 120AAO(2); or

(b)

(where appropriate) the term referred to in section 120AAQ(3)(a) or (5)(a);

first term tenancy

(

首期租賃

) means a regulated tenancy of the first term;

Form AR1

(

表格AR1

) means the specified form for making and accepting a second term offer;

landlord

(

業主

) includes any person (other than the Government) who is, from time to time, entitled to receive rent in respect of any premises and, in relation to a particular tenant, means the person entitled to receive rent from that tenant;

material date

(

關鍵日期

) means the commencement date* of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2021 (36 of 2021);

offer period

(

要約期

), in relation to a second term offer, means the period of the second calendar month immediately before the calendar month in which the purported second term tenancy commences;

regulated cycle

(

規管周期

)—see section 120AAO;

regulated tenancy

(

規管租賃

) means a tenancy to which this Part applies;

renewed rent

(

續期租金

), in relation to a regulated cycle of tenancies for a subdivided unit, means the rent agreed, or taken to be agreed, by the landlord and tenant for a second term tenancy of the regulated cycle for the subdivided unit;

rental deposit

(

租金按金

), in relation to a tenancy, means money intended to be held by the landlord as security for—

(a)

the performance of any obligations of the tenant; or

(b)

the discharge of any liability of the tenant,

under the tenancy;

RVD officer

(

差估署人員

) means a public officer employed in the Rating and Valuation Department;

second term

(

次租期

) means the term referred to in section 120AAO(3);

second term offer

(

次租期要約

), in relation to a regulated cycle of tenancies for a subdivided unit, means an offer of a second term tenancy of the regulated cycle for the subdivided unit;

second term tenancy

(

次期租賃

) means a regulated tenancy of the second term;

Secretary

(

局長

) means the Secretary for Housing;

(Amended L.N. 144 of 2022)

specified form

(

指明表格

) means a form specified by the Commissioner under section 120AAZZG;

specified utilities and services

(

指明公用設施及服務

) means water, electricity, gas and communication services;

subdivided unit

(

分間單位

) means premises that form part of a unit of a building;

tenancy

(

租賃

) means a lease entered into orally or in writing and includes—

(a)

an agreement for a tenancy; and

(b)

a sub-tenancy;

tenant

(

租客

) includes a sub-tenant but does not include a Government lessee;

term

(

租期

), in relation to a regulated cycle of tenancies for a subdivided unit, means the first term or second term of the regulated cycle for the subdivided unit;

Tribunal

(

審裁處

) means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap. 17);

unit

(

單位

), in relation to a building, means premises of the building falling within either or both of the following descriptions—

(a)

premises that are demarcated or shown as a separate unit (however described) in the building plan of the building;

(b)

premises that are referred to in the deed of mutual covenant of the building as a unit (however described) the owner of which is entitled to its exclusive possession, as opposed to the owners or occupiers of other parts of the building.

(2)

For the purposes of the definition of subdivided unit in subsection (1), if the subdivided unit is a roof or a podium (or part of a roof or a podium), a reference to a subdivided unit includes any structure erected on it.

(3)

For the purposes of paragraph (a) of the definition of unit in subsection (1), to avoid doubt, a reference to premises includes a roof or a podium or, as appropriate, part of a roof or a podium.

(4)

For the purposes of this Part and except in section 120AAZB, a reference to a tenant includes the tenant’s family member who is entitled to the tenant’s specified interest under that section.

(5)

For the purposes of the Land Registration Ordinance (Cap. 128), a notice (except Form AR1) or an application under this Part is not to be regarded—

(a)

as an instrument in writing by which any parcel of ground, tenement or premises may be affected; or

(b)

as creating a lis pendens.

Editorial Note:

* Commencement date: 22 January 2022.

120AAB.

Application of this Part

(1)

Subject to subsection (2), this Part applies to a tenancy—

(a)

that commences on or after the material date;

(b)

that is a domestic tenancy;

(c)

the subject premises of which are a subdivided unit;

(d)

the tenant of which is a natural person; and

(e)

the purpose of which is for the tenant’s own dwelling,

even though the tenancy contains any provision purporting generally or specifically to exclude the application of this Part.

(2)

This Part does not apply to the tenancies specified in Schedule 6.

(3)

For the purposes of subsection (1)(a), the reference to “commences on or after the material date” includes a reference to “is taken to be commencing on the date under section 120AAQ(5)(a)”.

120AAC.

Amendment of Schedule 6

(1)

The Secretary may, by notice published in the Gazette, amend Schedule 6.

(2)

For the purposes of section 120AAB(2), a notice under subsection (1) may—

(a)

specify any class of tenancies; and

(b)

specify the circumstances in which, or the purposes for which, the class of tenancies is excluded from the application of this Part.

Division 2

Determination relating to Regulated Tenancy

Subdivision 1

General Provisions

120AAD.

Interpretation

In this Division—

premises

(

處所

) means the subject matter of a tenancy.

120AAE.

Application to Tribunal

A person having an interest in any premises may apply to the Tribunal to determine whether or not a tenancy for the premises is a regulated tenancy for the purposes of this Part.

120AAF.

Determination by Tribunal

(1)

The Tribunal must make a determination on receiving an application made under section 120AAE.

(2)

In making a determination, the Tribunal may take into account any matters that the Tribunal considers appropriate.

(3)

For the purposes of subsection (2), if the Tribunal is to determine whether or not a tenancy is a domestic tenancy, the Tribunal may consider the matters contained in Subdivision 2.

(4)

Also, for the purposes of subsection (2), if the Tribunal is to determine whether or not a tenancy is for the tenant’s own dwelling, the Tribunal may consider the matters contained in Subdivision 3.

Subdivision 2

Domestic Tenancy

120AAG.

Purpose specified in tenancy

If a tenancy specifies in writing that any premises are to be used for a particular purpose, the premises are taken to be used for that purpose unless it is proved otherwise.

120AAH.

Purpose for which premises are actually used

(1)

Subject to section 120AAI, despite any evidence showing that any premises were originally let for a particular purpose, if the premises are being used primarily for another purpose, the premises are taken to have been let for that other purpose.

(2)

Subject to section 120AAJ, if there is not sufficient evidence showing that any premises were originally let for a particular purpose, the purpose of the tenancy of the premises is to be determined by the primary user of the premises.

120AAI.

Tenant to establish landlord’s agreement to change of user as dwelling

If—

(a)

the purpose referred to in a tenancy for any premises is other than as a dwelling; but

(b)

the premises are being used as a dwelling in breach of the tenancy,

the onus is on the tenant to establish that the change of user has been agreed to (whether expressly or by implication), or acquiesced in, by the landlord.

120AAJ.

Purpose of sub-tenancy subject to superior tenancy

(1)

This section applies if a tenancy (subject tenancy) is a sub-tenancy created out of another tenancy (superior tenancy).

(2)

If there is evidence showing that the premises of the superior tenancy—

(a)

were let other than as a dwelling; or

(b)

were being used other than as a dwelling,

at the commencement of the subject tenancy, the premises of the subject tenancy (subject premises) are taken to be used other than as a dwelling unless the tenant of the subject premises satisfies the Tribunal to the contrary.

120AAK.

Use of premises other than as dwelling

The use of any premises as a boarding or lodging house is a use other than as a dwelling.

120AAL.

Other matters to be taken into account

(1)

In determining whether any premises were let, or are being used, as a dwelling, the following may be taken into account—

(a)

the covenants, terms and conditions in the Government lease or tenancy in relation to the premises;

(b)

any occupation permit issued in relation to the premises;

(c)

normal additional uses of the premises that are consistent with the domestic nature of a tenancy having regard to the following—

(i)

the floor area in occupation for the uses (whether at all times or not);

(ii)

the number of persons engaged in the uses but not dwelling on the premises;

(iii)

the furnishings, fittings and contents of the premises;

(iv)

the gross profits resulting from the uses relative to the rent.

(2)

In subsection (1)(b)—

occupation permit

(

佔用許可證

) means an occupation permit or a temporary occupation permit issued under the Buildings Ordinance.

Subdivision 3

Tenant’s Own Dwelling

120AAM.

Tenant’s own dwelling presumed

For the purposes of this Part, a tenancy—

(a)

that is a domestic tenancy;

(b)

the subject premises of which are a subdivided unit; and

(c)

the tenant of which is a natural person,

is taken to be for the tenant’s own dwelling unless the tenancy specifies otherwise in writing.

120AAN.

Specified purpose may be disregarded

(1)

This section applies if—

(a)

a tenancy falls within the descriptions of section 120AAM(a), (b) and (c); and

(b)

the tenancy specifies in writing that the premises are not let for the tenant’s own dwelling.

(2)

Despite subsection (1)(b), the Tribunal may still determine that the premises are indeed let for the tenant’s own dwelling if the Tribunal considers it appropriate to do so.

Division 3

Regulated Cycle

Subdivision 1

General Provisions

120AAO.

Regulated cycle of tenancies

(1)

A regulated cycle of tenancies for a subdivided unit is to comprise 2 consecutive regulated tenancies for the subdivided unit, each for a term of 2 years.

(2)

The term of the first regulated tenancy is to be 2 years commencing on—

(a)

the date of the creation of the tenancy; or

(b)

if the parties have agreed on a later date for the commencement of the tenancy—that date.

(3)

The term of the second regulated tenancy is to be 2 years commencing on the date immediately after the expiry of the first regulated tenancy.

(4)

The landlord and tenant of a subdivided unit may enter into one or more regulated cycles of tenancies for the subdivided unit.

120AAP.

First term tenancy

A landlord and a tenant may enter into a first term tenancy for a subdivided unit at a rent agreed by the parties.

120AAQ.

Deemed first term tenancy in certain circumstances

(1)

This section applies if—

(a)

a landlord and a tenant enter into a domestic tenancy for a subdivided unit;

(b)

the tenant is a natural person;

(c)

the purpose of the tenancy is for the tenant’s own dwelling; and

(d)

the tenancy is other than one—

(i)

entered into by the parties by way of a Form AR1; or

(ii)

taken to be granted under section 120AAW(2)(b).

(2)

If the tenancy purports to be—

(a)

a periodic tenancy; or

(b)

a tenancy for a term other than of 2 years,

commencing on or after the material date, the tenancy is taken to be a first term tenancy.

(3)

For the purposes of subsection (2)—

(a)

the term of the tenancy is taken to be 2 years commencing on—

(i)

the date of the creation of the tenancy; or

(ii)

if the parties have agreed on a later date for the commencement of the tenancy—that date; and

(b)

the rent agreed by the parties to be payable by the tenant at the commencement of the tenancy is taken to be the rent for the first term tenancy.

(4)

If—

(a)

the tenancy is a periodic tenancy commencing before and existing on the material date; and

(b)

a period of the tenancy (reference period) either—

(i)

commences on the material date; or

(ii)

straddles the material date,

the tenancy is taken to be a first term tenancy.

(5)

For the purposes of subsection (4)—

(a)

the term of the tenancy is taken to be 2 years commencing on—

(i)

for paragraph (b)(i) of that subsection—the material date; or

(ii)

for paragraph (b)(ii) of that subsection—the date immediately after the expiry of the period that straddles the material date; and

(b)

the rent agreed by the parties to be payable by the tenant at the commencement of the reference period is taken to be the rent for the first term tenancy.

120AAR.

Tenant is entitled to second term tenancy

(1)

A tenant of a first term tenancy for a subdivided unit is entitled to a second term tenancy of the regulated cycle for the subdivided unit to be granted in accordance with Subdivision 2.

(2)

Without limiting section 120AAZI, the landlord must grant the tenant the second term tenancy for the subdivided unit if the tenant accepts the second term offer in accordance with section 120AAU.

(3)

The terms and conditions of the second term tenancy offered and granted by the landlord are to be the same as those contained in the first term tenancy, except those relating to—

(a)

the period of the tenancy; and

(b)

(if applicable) the amount of rent.

Subdivision 2

Second Term Offer

120AAS.

Second term offer

(1)

Without limiting section 120AAZI, a landlord of a first term tenancy for a subdivided unit must, within the offer period—

(a)

make a second term offer to the tenant; and

(b)

serve the offer on the tenant,

for a second term tenancy of the regulated cycle for the subdivided unit.

(2)

The second term offer may only be made in Form AR1.

(3)

The landlord must—

(a)

state the proposed amount of rent for the second term tenancy in Form AR1; and

(b)

sign the Form.

(4)

The proposed amount of rent must not exceed the maximum amount of rent for the second term tenancy that is permitted under section 120AAZE.

(5)

The second term offer must not include any terms or conditions other than those contained in the first term tenancy.

(6)

Subject to section 120AAT, a second term offer, once made, remains open for acceptance by the tenant before the expiry of the first term tenancy, and the landlord may not withdraw the offer.

(7)

For the purposes of subsection (6), the reference to the landlord includes a person who becomes the landlord of the subdivided unit after the second term offer is made but before the expiry of the first term tenancy.

120AAT.

Landlord may make more than one second term offer

(1)

The landlord may make one or more second term offers during an offer period, but a subsequent offer supersedes any earlier offer.

(2)

However, if the tenant accepts a second term offer under section 120AAU, the landlord may not make any further offer afterwards.

120AAU.

Tenant’s acceptance of second term offer

(1)

This section applies if a landlord of a first term tenancy for a subdivided unit serves a second term offer in Form AR1 (served Form) on the tenant within the offer period under section 120AAS.

(2)

The tenant may accept the second term offer any time before the expiry of the first term tenancy.

(3)

If the tenant accepts the second term offer, the tenant must notify the landlord of the tenant’s acceptance in the served Form containing the offer by signing the served Form and serving it on the landlord before the expiry of the first term tenancy.

(4)

If the tenant disagrees with the landlord on the proposed amount of rent for the second term tenancy, the tenant may negotiate with the landlord for the amount before accepting the second term offer.

(5)

If, after the negotiation, the landlord agrees to revise the proposed amount of rent for the second term tenancy, the landlord must sign against the revised amount of rent as shown on the served Form.

(6)

If the tenant accepts the second term offer at the revised amount of rent, the tenant must—

(a)

sign against the revised amount of rent as shown on the served Form; and

(b)

serve the served Form on the landlord before the expiry of the first term tenancy.

120AAV.

Tenant’s failure to notify acceptance of second term offer

(1)

This section applies if a landlord of a first term tenancy for a subdivided unit serves a second term offer in Form AR1 on the tenant within the offer period under section 120AAS.

(2)

If the tenant fails to notify the landlord of the tenant’s acceptance of the second term offer before the expiry of the first term tenancy, the tenant is taken to have rejected the second term offer.

(3)

For the purposes of subsection (2), the tenant fails to notify the landlord of the tenant’s acceptance if—

(a)

no notice of acceptance has ever been given by the tenant under section 120AAU;

(b)

the notice of acceptance is served by the tenant on the landlord only after the expiry of the first term tenancy;

(c)

the notice of acceptance is not given by the tenant in the same Form AR1 sent by the landlord that contains the second term offer; or

(d)

the tenant has not signed the Form AR1 sent by the landlord when the Form is returned to the landlord.

120AAW.

Deemed second term offer by landlord

(1)

This section applies if a landlord of a first term tenancy for a subdivided unit fails to serve a second term offer on the tenant under section 120AAS.

(2)

The landlord is taken to have made a second term offer to the tenant on the expiry of the offer period, and the tenant is taken—

(a)

to have accepted the second term offer; and

(b)

to be granted the second term tenancy on the expiry of the first term tenancy.

(3)

For the purposes of subsection (1), a landlord fails to serve a second term offer on the tenant if—

(a)

the offer is not served on the tenant within the offer period;

(b)

the offer is not made in Form AR1;

(c)

the landlord has not signed the Form AR1 sent to the tenant;

(d)

the proposed amount of rent for the second term tenancy is not stated in the offer;

(e)

the proposed amount of rent for the second term tenancy stated in the offer is higher than the maximum amount of rent for the second term tenancy permitted under section 120AAZE; or

(f)

any terms or conditions other than those contained in the first term tenancy are included in the offer.

(4)

Subject to subsection (5), the renewed rent for the second term tenancy is to be the amount of rent last payable by the tenant for the first term tenancy.

(5)

If the control percentage ascertained in accordance with section 120AAZE for the rent for the second term tenancy is a negative figure, the renewed rent for the second term tenancy is to be reduced by that percentage.

(6)

Despite subsection (2), if the tenant delivers vacant possession of the subdivided unit to the landlord on or before the expiry of the first term tenancy—

(a)

the second term offer taken to be made to the tenant is taken to be rejected by the tenant; and

(b)

no second term tenancy is taken to be granted to the tenant.

120AAX.

Second term offer pending court order

(1)

This section applies if—

(a)

a landlord of a first term tenancy for a subdivided unit is proceeding by action to enforce a right of re-entry or forfeiture under section 120AAZI(2)(b); and

(b)

the offer period for making a second term offer to the tenant has commenced.

(2)

Despite subsection (1)(a), the landlord must comply with section 120AAS to make a second term offer to the tenant pending the making of any order of the court for possession of the subdivided unit in connection with the action mentioned in that subsection.

(3)

The landlord’s making of a second term offer to the tenant does not affect the landlord’s right to enforce any breach of the first term tenancy against the tenant in accordance with an order of the court.

(4)

If an order of the court allows or permits the landlord to recover possession of the subdivided unit—

(a)

where—

(i)

the landlord has made a second term offer under subsection (2)—

(A)

the offer is treated as never having been made by the landlord; and

(B)

any second term tenancy granted by the landlord is treated as never having been granted; or

(ii)

the landlord has not made any second term offer under that subsection—

(A)

no second term offer is taken to have been made; and

(B)

no second term tenancy is taken to be granted,

by the landlord to the tenant under section 120AAW; and

(b)

the tenant must vacate the subdivided unit at the time and in the way specified in the order.

120AAY.

Lapse of second term offer in certain circumstances

(1)

This section applies if—

(a)

a second term offer for a subdivided unit—

(i)

is made by the landlord to the tenant under section 120AAS; or

(ii)

is taken to have been made by the landlord to the tenant under section 120AAW; and

(b)

the first term tenancy of the regulated cycle for the subdivided unit has already been terminated before its expiry otherwise than by the landlord enforcing by action a right of re-entry or forfeiture under section 120AAZI(2)(b).

(2)

On the termination of the first term tenancy—

(a)

the second term offer made by the landlord under section 120AAS lapses immediately and has no effect, and (if applicable) the tenant’s acceptance of the offer under section 120AAU also has no effect; and

(b)

the second term offer taken to have been made by the landlord under section 120AAW lapses immediately and has no effect, and the tenant is not to be taken as having accepted the offer under that section.

Subdivision 3

Tenancy in Writing

120AAZ.

Tenancy in writing for first term tenancy

(1)

This section applies if—

(a)

the landlord and tenant of a subdivided unit have entered into a tenancy orally for a first term tenancy; and

(b)

the first term tenancy has commenced.

(2)

The tenant may in writing demand the landlord to, within 30 days (specified period), serve on the tenant a tenancy in writing (tenancy agreement) reflecting the contents of the oral tenancy for signing by the parties.

(3)

If the landlord fails to serve the tenancy agreement on the tenant in accordance with subsection (2), the tenant may elect either—

(a)

to withhold the payment of rent until the landlord has done so; or

(b)

to terminate the tenancy by, within 7 days after the specified period, giving the landlord not less than 30 days’ (notice period) prior notice in writing of the termination.

(4)

For the purposes of subsection (3)(b), the tenancy is terminated on the expiry of the notice period, and the tenant must, on the termination—

(a)

deliver vacant possession of the subdivided unit to the landlord; and

(b)

settle all outstanding money payable to the landlord under the tenancy.

(5)

If—

(a)

the landlord has served the tenancy agreement on the tenant in accordance with subsection (2); or

(b)

the tenant has made an election under subsection (3)(a) and the landlord has eventually served the tenancy agreement on the tenant,

the tenant must do the things specified in subsection (6) within 15 days after the tenancy agreement has been served on the tenant.

(6)

The things are—

(a)

to sign and return the tenancy agreement to the landlord; and

(b)

(if applicable) to pay back, free of interest, any rent withheld under subsection (3)(a) to the landlord.

(7)

If the tenant fails to comply with subsection (5), the landlord may, by giving the tenant not less than 15 days’ prior notice in writing, terminate the tenancy.

Subdivision 4

Tenant’s Interests in Certain Circumstances

120AAZA.

Sub-tenancy of same or longer term of superior tenancy

(1)

This section applies if—

(a)

a regulated tenancy for a subdivided unit is (or purports to be) a sub-tenancy created out of another tenancy (superior tenancy) entered into by—

(i)

the landlord of the superior tenancy as landlord (superior landlord); and

(ii)

the landlord of the regulated tenancy as tenant (sub-landlord); and

(b)

the term of the regulated tenancy provided under Subdivision 1 expires at the same time as, or on a day later than, the expiry of the term (being a fixed term) of the superior tenancy.

(2)

The regulated tenancy does not operate as an assignment of the superior tenancy by the sub-landlord to the tenant of the regulated tenancy (sub-tenant).

(3)

Despite subsection (1)(b) and without limiting subsection (5), the term of the regulated tenancy is to expire no later than the expiry of the term of the superior tenancy.

(4)

Subsection (3) does not affect any remedy that the sub-tenant may have for the revision of the term of the regulated tenancy.

(5)

If the term of the superior tenancy is extended or renewed by the superior landlord, the expiry of the term of the regulated tenancy would then be the earlier of the following—

(a)

the expiry of the term of the superior tenancy as extended or renewed;

(b)

the expiry of the term of the regulated tenancy.

(6)

The sub-landlord is treated as having a reversion expectant on the regulated tenancy even though the term of the regulated tenancy expires at the same time as the expiry of the term of the superior tenancy.

120AAZB.

Tenant’s interest to pass to family member on death

(1)

This section applies if—

(a)

a tenant of a regulated tenancy for a subdivided unit dies during the term of the tenancy; and

(b)

a family member of the tenant is residing with the tenant in the subdivided unit at the time of the tenant’s death (relevant time).

(2)

The subsisting benefits and protection under the regulated tenancy to which the tenant is entitled under this Part during the tenant’s life time (specified interest) are, after the tenant’s death, available to the family member.

(3)

Only 1 family member of the tenant is entitled to the specified interest at one time.

(4)

If—

(a)

2 or more family members are residing with the tenant at the relevant time; and

(b)

they are unable to reach an agreement among themselves as to who should be entitled to the specified interest,

they must refer the matter to the Tribunal for a determination.

(5)

The Tribunal must determine the matter on any ground that appears to it to be just and equitable.

(6)

Despite any will or the law of succession on intestacy, the specified interest of the tenant is not to be available to—

(a)

a personal representative of the tenant; or

(b)

a person other than a family member referred to in subsection (1)(b).

Division 4

Rents and Deposit

Subdivision 1

General Provisions

120AAZC.

Rental deposit

(1)

This section applies if a tenant of a regulated tenancy for a subdivided unit is required to pay to the landlord a rental deposit for the tenancy.

(2)

Despite any provision of the tenancy, the rental deposit payable by the tenant may not be more than 2 months’ rent under the tenancy.

(3)

If a provision of the tenancy requires the tenant to pay a rental deposit of more than 2 months’ rent, the provision is taken to be requiring the tenant to pay a rental deposit equal to 2 months’ rent only.

(4)

Despite any provision of the tenancy, the rental deposit paid by the tenant is to be retained by the landlord during the term of the tenancy and is, subject to subsection (5), to be returned to the tenant free of interest no later than—

(a)

if—

(i)

the term is a first term followed by a second term—the expiry of the term; or

(ii)

the term is a second term, or a first term not followed by a second term—the expiry of 7 days after the tenant’s delivery of vacant possession of the subdivided unit to the landlord on—

(A)

the expiry of the term; or

(B)

an early termination of the tenancy; or

(b)

the expiry of 7 days after the settlement of any outstanding money payable by the tenant to the landlord under the tenancy,

whichever is the later.

(5)

The landlord may deduct from the rental deposit the amount of any arrears of rent, or costs, expenses, losses or damages sustained by the landlord as a result of any breach of the tenancy by the tenant.

(6)

In this section—

2 months’ rent

(

2個月租金

), in relation to a tenancy, means 2 times the amount of the monthly rent payable at the commencement of the tenancy.

120AAZD.

Alteration in rent

(1)

Subject to subsection (3), despite any provision of a regulated tenancy or any subsequent agreement between the landlord and tenant, the amount of rent payable by the tenant for the term of the tenancy—

(a)

must remain the same; and

(b)

may not be altered during the term.

(2)

An alteration of the amount of rent during the term is void and has no effect.

(3)

The landlord may—

(a)

whether or not on the tenant’s request; and

(b)

at any time during the term,

reduce the amount of rent payable by the tenant for the remaining period of the term.

(4)

If the landlord decides to reduce the amount of rent, the landlord must notify the tenant in writing before the reduction.

Subdivision 2

Renewed Rent

120AAZE.

Renewed rent for second term

(1)

The landlord and tenant of a first term tenancy are to agree on the amount of rent for the second term tenancy of the same regulated cycle in accordance with this section.

(2)

The maximum percentage for an increase of rent for the second term tenancy is to be the lower of the following—

(a)

the control percentage ascertained in accordance with the following formula—

A =

B – C

× 100

C

where—

A

means the control percentage;

B

means the figure of the rental index of the 4th calendar month immediately before the commencement month of the purported second term tenancy that is prevailing on the first day of the offer period;

C

means the figure of the rental index of the commencement month of the first term tenancy that is prevailing on the first day of the offer period;

(b)

10%.

(3)

The control percentage is to be rounded down to 1 decimal place.

(4)

If the control percentage ascertained is a negative figure, the rent for the second term tenancy is to be reduced at least by that percentage.

(5)

The maximum amount of rent for the second term tenancy calculated in accordance with subsection (2) or (4) is to be rounded down to the nearest integer.

(6)

If the amount of rent payable by the tenant has been reduced one or more times during the first term tenancy, the basis for calculating the amount of rent for the second term tenancy is to be the amount of rent last reduced during the first term tenancy.

(7)

In subsection (2)(a)—

commencement month

(

開始月份

), in relation to a first term tenancy or second term tenancy of a regulated cycle, means the calendar month in which the tenancy commences;

rental index

(

租金指數

) means the territory-wide rental index for all classes of private domestic properties compiled and published by the Rating and Valuation Department.

Division 5

Implied Terms

120AAZF.

Mandatory terms implied for every regulated tenancy

(1)

The provisions in Schedule 7 are to be impliedly incorporated into every regulated tenancy.

(2)

The provisions incorporated into a regulated tenancy (incorporated provisions) because of this section—

(a)

bind the landlord and tenant of the tenancy; and

(b)

prevail over any other provision of the tenancy that is in conflict or inconsistent with the incorporated provisions to the extent of the conflict or inconsistency.

120AAZG.

Amendment of Schedule 7

The Secretary may, by notice published in the Gazette, amend Schedule 7.

Division 6

Termination of Tenancy

120AAZH.

Early termination by tenant

(1)

A tenant of a regulated tenancy for a subdivided unit may—

(a)

without limiting any rights of the tenant to terminate the tenancy by notice under the tenancy; and

(b)

by giving the landlord prior notice in writing (termination notice),

terminate the tenancy before the expiry of the term, and the tenancy is to be terminated on the date specified in the termination notice (date of termination).

(2)

A termination notice—

(a)

may be given at any time during the term of the tenancy; but

(b)

must not be given less than 30 days before the date of termination.

(3)

However, the date of termination must not be a date earlier than the last day of the first year of the term.

(4)

The tenant must, on or before the date of termination—

(a)

deliver vacant possession of the subdivided unit to the landlord; and

(b)

settle all outstanding money payable to the landlord under the tenancy.

120AAZI.

Landlord’s right of re-entry

(1)

A landlord of a regulated tenancy for a subdivided unit may not terminate the tenancy before the expiry of the term despite any provision of the tenancy that purports to do so.

(2)

However, the landlord may—

(a)

terminate the tenancy by notice in accordance with—

(i)

section 120AAZ(7); or

(ii)

section 4(3) of Part 2 of Schedule 7 impliedly incorporated into the tenancy under section 120AAZF; or

(b)

enforce a right of re-entry or forfeiture in accordance with Part 4 of Schedule 7 impliedly incorporated into the tenancy under section 120AAZF.

(3)

Any condition for forfeiture (other than those set out in Part 4 of Schedule 7) provided in the tenancy is void and has no effect.

(4)

Despite section 58(14) of the Conveyancing and Property Ordinance (Cap. 219)—

(a)

subsection (2)(b) and sections 7 and 12(1)(a) and (2) of Part 4 of Schedule 7 have effect subject to section 58(4) and (10) of that Ordinance; and

(b)

subsection (2)(b) and sections 8, 9, 10, 11 and 12(1)(b) and (2) of Part 4 of Schedule 7 have effect subject to section 58 (except section 58(14)) of that Ordinance.

120AAZJ.

Termination of regulated tenancy as sub-tenancy

(1)

This section applies if—

(a)

a regulated tenancy for a subdivided unit is a sub-tenancy created out of another tenancy; and

(b)

a superior landlord applies to the court for possession of the subdivided unit (or any premises of which the subdivided unit forms part).

(2)

Before enforcing an order of the court for possession of the subdivided unit, the superior landlord must notify the tenant of the regulated tenancy (sub-tenant) in writing in the way specified in subsection (3).

(3)

The superior landlord must, on 3 successive days, post the notice on the main door or entrance to the subdivided unit (or the premises of which the subdivided unit forms part).

(4)

A notice posted in accordance with subsection (3) is taken to be an effective notice served on the sub-tenant.

(5)

Leave to issue a writ of possession to enforce the order is not to be granted by the court before the expiry of a period of 60 days beginning on the day immediately after the last day on which the notice is posted under subsection (3).

(6)

Subsection (5) does not apply if the sub-tenant has delivered up vacant possession of the subdivided unit before the leave is granted.

(7)

In this section—

superior landlord

(

上級業主

), in relation to a subdivided unit (or any premises of which the subdivided unit forms part), means a person (other than the landlord of the regulated tenancy) entitled to the immediate reversion of the subdivided unit (or the premises).

120AAZK.

Limited liabilities of sub-tenant on termination of superior tenancy

(1)

This section applies if—

(a)

a regulated tenancy for a subdivided unit is a sub-tenancy created out of another tenancy;

(b)

the regulated tenancy is terminated because of the termination of a tenancy superior to the regulated tenancy (superior tenancy); and

(c)

the tenant of the regulated tenancy (sub-tenant) fails to deliver up vacant possession of the subdivided unit on the date on which the regulated tenancy is terminated (termination date).

(2)

Only the following person may recover as a civil debt from the sub-tenant the compensation determined under subsection (3) (compensation) for the sub-tenant’s failure to deliver up vacant possession of the subdivided unit on the termination date—

(a)

the superior landlord who terminates the superior tenancy; or

(b)

if the superior landlord in writing waives the right to recover the compensation—the landlord of the regulated tenancy (sub-landlord).

(3)

The compensation is determined in accordance with the following formula—

A = B × C

where—

A

means the compensation;

B

means the monthly rent payable by the sub-tenant under the regulated tenancy for the subdivided unit immediately before the termination date;

C

means the number of months covering the period commencing on the date immediately after the termination date and ending on the date on which the sub-tenant delivers up vacant possession of the subdivided unit (holding-over period).

(4)

If the number of months covering a holding-over period is not an integer, it is to be rounded down to the nearest integer.

(5)

The compensation recoverable by the superior landlord or sub-landlord must be paid by the sub-tenant within 15 days after the date on which the sub-tenant delivers up vacant possession of the subdivided unit.

(6)

The right (if any) of the superior landlord or sub-landlord under common law rules or equitable principles to make further claims against—

(a)

the sub-tenant; or

(b)

a surety or guarantor for the sub-tenant’s liabilities under the regulated tenancy,

for the sub-tenant’s failure to deliver up vacant possession of the subdivided unit on the termination of the regulated tenancy and trespass to land in respect of the subdivided unit during the holding-over period is abrogated.

(7)

Also, the right (if any) of the superior landlord or sub-landlord to make claims against any other occupiers (who are residing with the sub-tenant in the subdivided unit during the holding-over period) for—

(a)

their failure to vacate the subdivided unit on the termination of the regulated tenancy; and

(b)

their trespass to land in respect of the subdivided unit during the holding-over period,

is abrogated.

(8)

Subject to subsection (9), despite section 52A of the High Court Ordinance, section 53 of the District Court Ordinance and section 12 of the Lands Tribunal Ordinance, no order as to costs may be made in favour of the superior landlord or sub-landlord (whichever is applicable) against the sub-tenant in the following proceedings (specified proceedings)—

(a)

proceedings commenced by the superior landlord to recover possession of the subdivided unit;

(b)

proceedings commenced by the superior landlord or sub-landlord to claim the compensation from the sub-tenant.

(9)

Subsection (8) does not apply—

(a)

if the sub-tenant has conducted the sub-tenant’s case in the specified proceedings in a frivolous or vexatious manner; or

(b)

in respect of the costs of any counterclaim made by the sub-tenant in the specified proceedings.

(10)

Also, despite section 48 of the High Court Ordinance, section 49 of the District Court Ordinance and section 12B of the Lands Tribunal Ordinance, no interest on all or any part of the compensation may be included in the sum for which judgment is given in favour of the superior landlord or sub-landlord (whichever is applicable) against the sub-tenant in the specified proceedings.

(11)

In this section—

District Court Ordinance

(

《區域法院條例》

) means the District Court Ordinance (Cap. 336);

High Court Ordinance

(

《高等法院條例》

) means the High Court Ordinance (Cap. 4);

Lands Tribunal Ordinance

(

《土地審裁處條例》

) means the Lands Tribunal Ordinance (Cap. 17);

superior landlord

(

上級業主

) has the meaning given by section 120AAZJ(7).

Division 7

Offences relating to Regulated Tenancies

120AAZL.

Offence in relation to tenant’s payment of money other than certain types

(1)

A landlord of a regulated tenancy commits an offence if the landlord requires the tenant to pay, or the landlord otherwise receives from the tenant, any money in relation to the tenancy other than those falling within the following types—

(a)

specified rents;

(b)

specified rental deposits;

(c)

reimbursement of charges for any of the specified utilities and services payable by the tenant under the tenancy;

(d)

damages for the tenant’s breach of the tenancy.

(2)

A person who commits an offence under subsection (1) is liable on a first conviction to a fine at level 3, and on a second or subsequent conviction to a fine at level 4.

(3)

For an offence under subsection (1), the mistaken belief of the person charged as to the money the person is entitled or permitted to receive is not a defence.

(4)

On a person’s conviction of an offence under subsection (1), the magistrate may, in addition to imposing a fine, order the person to repay to the tenant any money received from the tenant other than that the person is entitled or permitted to receive under this Part.

(5)

In subsection (1)—

specified rental deposits

(

指明租金按金

) means rental deposits payable by a tenant under a regulated tenancy as permitted under section 120AAZC;

specified rents

(

指明租金

) means rents payable by a tenant under a regulated tenancy as permitted under this Part.

(6)

For the purposes of the definition of specified rents in subsection (5), if the tenancy is a second term tenancy, the reference to rents is a reference to renewed rents.

120AAZM.

Offence in relation to payment of apportioned amounts

(1)

This section applies if the charges for any of the specified utilities and services for a subdivided unit incurred by a tenant of a regulated tenancy for the subdivided unit are not independently billed by the relevant authorities or service providers.

(2)

The landlord of the regulated tenancy commits an offence if the landlord requires the tenant to pay for, or the landlord otherwise receives from the tenant, the reimbursement of the charges as a separate payment from rent unless—

(a)

the landlord is the payer named in the bills covering the charges;

(b)

copies of the bills are produced by the landlord to the tenant when the landlord requires payment; and

(c)

the landlord has provided an account in writing to the tenant showing—

(i)

how the amounts under the bills (billed amounts) are apportioned for the different parts (of which the subdivided unit is one) forming the premises to which the bills relate; and

(ii)

that the aggregate of the apportioned amounts does not exceed the billed amounts.

(3)

The landlord commits an offence if the landlord requires the tenant to pay for, or the landlord otherwise receives from the tenant, the reimbursement of the charges for any of the specified utilities and services for the subdivided unit at a sum exceeding the apportioned amount for the subdivided unit as shown in the account under subsection (2)(c).

(4)

A person who commits an offence under subsection (2) or (3) is liable on a first conviction to a fine at level 3, and on a second or subsequent conviction to a fine at level 4.

(5)

For an offence under subsection (2) or (3), the mistaken belief of the person charged as to the amount the person is entitled or permitted to receive is not a defence.

(6)

On a person’s conviction of an offence under subsection (2) or (3), the magistrate may, in addition to imposing a fine, order the person to repay to the tenant any money received from the tenant other than, or in excess of, that the person is entitled or permitted to receive under that subsection.

120AAZN.

Offence in relation to provision of rent receipts

(1)

A landlord of a regulated tenancy must give a receipt to the tenant for the amount of rent paid by the tenant to the landlord within 7 days after receiving the amount.

(2)

The landlord must specify the following in the receipt—

(a)

the name and address of the landlord;

(b)

the period for which the rent is paid;

(c)

the date of payment.

(3)

If the landlord fails to comply with subsection (1) or (2), the landlord commits an offence and is liable on conviction to a fine at level 1.

120AAZO.

Offence of harassment

(1)

If a person unlawfully deprives a tenant of a regulated tenancy for a subdivided unit of occupation of the subdivided unit, the person commits an offence.

(2)

A person who commits an offence under subsection (1) is liable on conviction on indictment by the court—

(a)

on a first conviction, to a fine of $500,000 and to imprisonment for 12 months; and

(b)

on a second or subsequent conviction, to a fine of $1,000,000 and to imprisonment for 3 years.

(3)

Subject to subsection (5), if a person, in relation to a subdivided unit—

(a)

either—

(i)

does any act calculated to interfere with the peace or comfort of the tenant or members of the tenant’s household; or

(ii)

persistently withdraws or withholds services reasonably required for occupation of the subdivided unit as a dwelling; and

(b)

knows, or has reasonable cause to believe, that that conduct is likely to cause the tenant—

(i)

to give up occupation of the subdivided unit; or

(ii)

to refrain from exercising any right or pursuing any remedy in respect of the subdivided unit,

the person commits an offence.

(4)

A person who commits an offence under subsection (3) is liable on conviction on indictment by the court—

(a)

on a first conviction, to a fine of $500,000 and to imprisonment for 12 months; and

(b)

on a second or subsequent conviction, to a fine of $1,000,000 and to imprisonment for 3 years.

(5)

A person does not commit an offence under subsection (3) if the person proves that the person had reasonable grounds for doing the act, or withdrawing or withholding the services, concerned.

(6)

On a person’s conviction of an offence under subsection (1) or (3), the court may, in addition to passing sentence, order the person convicted—

(a)

to pay to the tenant a sum that the court considers appropriate by way of compensation for damage, loss or inconvenience suffered by the tenant because of the conduct constituting the offence; and

(b)

to forfeit to the Government a sum not exceeding the equivalent of the difference, as at the date of the contravention, between—

(i)

the market value of the subdivided unit with vacant possession; and

(ii)

the market value of the subdivided unit with the former tenant in possession.

(7)

In this section—

court

(

法院

) means the Court of First Instance, the District Court or a magistrate;

subdivided unit

(

分間單位

) includes part of a subdivided unit.

Division 8

Commissioner’s Powers

Subdivision 1

Interpretation

120AAZP.

Interpretation

(1)

In this Division—

premises

(

處所

) means the subject matter of a tenancy;

primary user certificate

(

主要用途證明書

), in relation to any premises, means a certificate in the specified form as to the primary user of the premises.

(2)

For the purposes of this Division, a reference to the Commissioner includes, as the case requires, an RVD officer authorized in writing in that behalf by the Commissioner to exercise any of the powers conferred, or perform any of the duties imposed, on the Commissioner for the purposes of this Part.

Subdivision 2

Commissioner’s Certificate

120AAZQ.

Application for primary user certificate

(1)

If—

(a)

a dispute arises as to whether a tenancy of any premises is a domestic tenancy; and

(b)

the primary user of the premises is relevant to the dispute,

the landlord or tenant of the premises may apply to the Commissioner for the issue of a primary user certificate for the premises.

(2)

A landlord or tenant of any premises may also apply to the Commissioner for the issue of a primary user certificate for the premises, even though no dispute arises as to whether the tenancy is a domestic tenancy.

(3)

An application under this section—

(a)

must be made in an application form; and

(b)

if made under subsection (2)—

(i)

must be submitted to the Commissioner not less than 10 days before the day proposed under subsection (5); and

(ii)

must be accompanied by an application fee.

(4)

If the application is made under subsection (1), the applicant must also state in the application form the nature of the dispute.

(5)

If the application is made under subsection (2), the applicant must also propose in the application form a day (other than a public holiday) on which the Commissioner may carry out an inspection of the premises under section 120AAZR.

(6)

In this section—

application fee

(

申請費用

) means a fee determined by the Financial Secretary by notice published in the Gazette;

application form

(

申請表格

) means a specified form for an application under this section.

(7)

For the purposes of the definition of application fee in subsection (6), a notice published by the Financial Secretary determining the application fee is not subsidiary legislation.

120AAZR.

Commissioner’s inspection

(1)

Before the Commissioner issues a primary user certificate for any premises, the Commissioner must carry out an inspection of the premises for the purpose of determining the primary user of the premises.

(2)

The Commissioner may carry out the inspection—

(a)

for an application under section 120AAZQ(1)—on a day specified by the Commissioner; and

(b)

for an application under section 120AAZQ(2)—

(i)

on the day proposed under section 120AAZQ(5); or

(ii)

if the inspection cannot be carried out on that day—on another day as soon as reasonably practicable afterwards specified by the Commissioner.

120AAZS.

Commissioner’s issue of primary user certificate

(1)

The Commissioner must, after carrying out an inspection of any premises under section 120AAZR—

(a)

if satisfied on the evidence available as to the primary user of the premises—

(i)

issue; and

(ii)

serve on the landlord and tenant,

a primary user certificate as to the primary user of the premises on the day of the inspection; or

(b)

if not satisfied on the evidence available as to the primary user of the premises—

(i)

issue; and

(ii)

serve on the landlord and tenant,

a notice in the specified form declining to express an opinion as to the primary user of the premises.

(2)

If the Commissioner issues a primary user certificate for any premises under this section, no further application may be made under section 120AAZQ(1) or (2) for the premises before the expiry of 1 year from the day on which the primary user certificate is issued.

(3)

A primary user certificate for any premises issued by the Commissioner under this section is, for all purposes, evidence (unless proved otherwise)—

(a)

of the facts set out in the primary user certificate; and

(b)

of the primary user of the premises as at the day of the inspection.

Subdivision 3

Commissioner’s Endorsement

120AAZT.

Notice of tenancy to Commissioner

(1)

This section applies if—

(a)

a landlord and a tenant have entered into a first term tenancy for a subdivided unit; or

(b)

a second term tenancy—

(i)

is entered into by the parties by way of a Form AR1; or

(ii)

is taken to be granted by the landlord to the tenant under section 120AAW(2)(b),

for the subdivided unit.

(2)

The landlord must, within 60 days after the term of the tenancy commences or is taken to commence under section 120AAQ(3)(a) or (5)(a), submit a notice in the specified form to the Commissioner to notify the Commissioner of the particulars of the tenancy.

(3)

If the landlord, without reasonable excuse, refuses or neglects to comply with subsection (2), the landlord commits an offence.

(4)

A person who commits an offence under subsection (3) is liable on conviction to a fine at level 3, and in the case of a continuing offence, to a further fine of $200 for each day during which the offence continues.

(5)

On a person’s conviction of an offence under subsection (3), the magistrate may, in addition to any penalty that may be imposed, order the person to, within a time specified in the order, submit the notice to the Commissioner.

120AAZU.

Commissioner’s endorsement of notice of tenancy

(1)

On receiving a notice submitted under section 120AAZT, the Commissioner must—

(a)

endorse the notice with the date of its receipt; and

(b)

notify the landlord and tenant of the receipt of the notice.

(2)

The landlord may not maintain an action to recover any rent under the tenancy unless the notice is endorsed by the Commissioner under subsection (1).

Subdivision 4

Other Powers

120AAZV.

Commissioner may serve requisition

(1)

For the purposes of this Part, the Commissioner may serve on any person a requisition in the specified form in relation to any premises.

(2)

The person must—

(a)

within the period specified by the Commissioner; and

(b)

in writing,

provide to the Commissioner any particulars reasonably required by the requisition.

(3)

If the person, without reasonable excuse, refuses or neglects to comply with subsection (2), the person commits an offence.

(4)

A person who commits an offence under subsection (3) is liable on conviction to a fine at level 3 and to imprisonment for 3 months.

120AAZW.

Commissioner may require reference documents

(1)

For the purposes of this Part, the Commissioner may require the landlord or tenant of any premises (provider) to provide any reference document to the Commissioner.

(2)

The provider must, within the period specified by the Commissioner, provide to the Commissioner the reference document required by the Commissioner.

(3)

If the provider, without reasonable excuse, refuses or neglects to comply with subsection (2), the provider commits an offence.

(4)

A person who commits an offence under subsection (3) is liable on conviction to a fine at level 3 and to imprisonment for 3 months.

(5)

For the purposes of subsection (1), the reference to the landlord or tenant includes a former landlord or a former tenant.

(6)

In this section—

reference document

(

參考文件

), in relation to any premises, means a document relating to—

(a)

a tenancy of the premises; or

(b)

a user of the premises,

and includes a tenancy in writing, a receipt for rent, a rent-book, accounts and a bill for any of the specified utilities and services.

120AAZX.

Commissioner may enter premises with consent

The Commissioner may, with the occupier’s consent, enter any premises at any reasonable time for the following purposes—

(a)

to carry out an inspection of the premises under section 120AAZR;

(b)

to ascertain whether an offence under this Part is being, or has been, committed in relation to the premises.

120AAZY.

Commissioner may enter premises with warrant

(1)

If the Commissioner—

(a)

fails to obtain the occupier’s consent for; or

(b)

is otherwise frustrated or obstructed in,

entering any premises for the purposes mentioned in section 120AAZX, the Commissioner may apply to a magistrate for a warrant to enter the premises for those purposes.

(2)

The Commissioner may, with a warrant issued under subsection (3), enter (by the use of reasonable force if necessary) the premises and exercise any of the powers specified in section 120AAZZ(1) and (2) (each a specified power).

(3)

A magistrate may issue a warrant authorizing the Commissioner to enter the premises and exercise a specified power if—

(a)

the magistrate is satisfied by information on oath that there are reasonable grounds to suspect that—

(i)

the Commissioner’s determination of the primary user of the premises after an inspection is likely to affect a person’s interest in the premises;

(ii)

an offence under this Part (contravention) is being, or has been, committed in relation to the premises; or

(iii)

there is on the premises anything that constitutes, or is likely to constitute, evidence that a contravention is being, or has been, committed in relation to the premises; and

(b)

the magistrate is also satisfied that—

(i)

it is not practicable to communicate with a person entitled to grant entry to the premises;

(ii)

such a person has unreasonably refused entry to the premises by the Commissioner;

(iii)

the Commissioner apprehends on reasonable grounds that entry to the premises is unlikely to be granted unless a warrant is issued; or

(iv)

the purpose of entry to the premises would be frustrated unless the Commissioner arriving at the premises can secure immediate entry.

(4)

A warrant issued under subsection (3) must specify—

(a)

the premises to be entered;

(b)

the purpose of the entry;

(c)

the name and capacity of the person authorized to enter the premises; and

(d)

the date of issue of the warrant.

(5)

A person entering the premises with a warrant issued under subsection (3) must, if requested, produce the warrant for inspection.

(6)

A warrant issued under subsection (3) must be executed at a reasonable hour unless the Commissioner believes that to execute it at a reasonable hour could frustrate the purpose of the execution.

(7)

When entering any premises under this section, the Commissioner may be accompanied by any person that the Commissioner considers necessary for the purpose of entering the premises.

(8)

Unless otherwise specified by the magistrate, a warrant issued under subsection (3) continues in force until the purpose of the entry has been satisfied.

120AAZZ.

Powers after entry

(1)

The following are powers specified for the purposes of section 120AAZY(2) if the entry is for the purpose mentioned in section 120AAZX(a)—

(a)

to inspect the premises;

(b)

to take any measurements and other particulars of the premises that the Commissioner considers appropriate;

(c)

to take any photograph and video recording inside the premises;

(d)

to require any person present on the premises to provide any assistance or information necessary for enabling the Commissioner to perform the Commissioner’s functions under section 120AAZR.

(2)

The following are powers specified for the purposes of section 120AAZY(2) if the entry is for the purpose mentioned in section 120AAZX(b)—

(a)

to inspect and search the premises;

(b)

to examine any document found on the premises;

(c)

to take any measurements and other particulars of the premises that the Commissioner considers appropriate;

(d)

to take any photograph and video recording inside the premises;

(e)

to seize and detain anything that is, or that appears to be or to contain, or that is likely to be or to contain, evidence of the commission of an offence under this Part in relation to the premises, and to take the steps that appear to be necessary for preserving the thing so seized or preventing interference with it;

(f)

to do anything necessary for ascertaining whether an offence under this Part is being, or has been, committed in relation to the premises;

(g)

to require any person present on the premises to provide any assistance or information necessary for enabling the Commissioner to perform the Commissioner’s functions for the purpose mentioned in section 120AAZX(b).

120AAZZA.

Commissioner may disclose information

(1)

The Commissioner may disclose any information obtained under this Part to a specified person if the Commissioner considers that the disclosure will enable or assist the specified person to exercise a power (including a right) conferred, or perform a function (including a duty) imposed, on the person by—

(a)

this Ordinance;

(ab)

regulation 47, 47A, 47B or 47C of the Waterworks Regulations (Cap. 102 sub. leg. A);

(Added 7 of 2024 s. 8)

(b)

the Rating Ordinance (Cap. 116); or

(c)

the Government Rent (Assessment and Collection) Ordinance (Cap. 515).

(2)

In subsection (1)—

specified person

(

指明人士

) means—

(a)

the Court of First Instance;

(b)

the District Court;

(c)

the Tribunal;

(d)

a magistrate; or

(e)

a public officer acting in the capacity of a public officer.

Division 9

Miscellaneous Provisions

120AAZZB.

Costs

In any proceedings under this Part, the court must not make any order as to costs against a party unless that party has conducted the case in a frivolous or vexatious manner.

120AAZZC.

Giving evidence in proceedings

(1)

Subject to subsection (2)—

(a)

neither the Commissioner nor an RVD officer may be called to give evidence in proceedings before the court; and

(b)

no subpoena may be issued against the Commissioner or an RVD officer.

(2)

The Commissioner or an RVD officer may only be called to give evidence in any proceedings before the court for determining whether or not a tenancy is a domestic tenancy for the purposes of section 120AAB(1)(b).

120AAZZD.

Use of returned requisition as evidence

(1)

A returned requisition is, in any proceedings before the Tribunal, a magistrate, the District Court or the Court of Appeal, admissible as evidence of the facts stated in the returned requisition.

(2)

A document purporting to be a returned requisition is in the proceedings presumed, unless the contrary is shown—

(a)

to be such a returned requisition;

(b)

to have been made by the person by whom it purports to have been made; and

(c)

if it purports to have been made by a person in a capacity specified in the returned requisition—to have been made by the person in that capacity.

(3)

In this section—

returned requisition

(

交回報表

) means either—

(a)

a notice submitted to the Commissioner under section 120AAZT(2); or

(b)

a requisition—

(i)

served under section 120AAZV(1) on a person;

(ii)

served under section 5(1)(a) of the Rating Ordinance (Cap. 116) on a person who is the owner or occupier of a tenement; or

(iii)

served under section 31(1)(a) of the Government Rent (Assessment and Collection) Ordinance (Cap. 515) on a person who is the lessee of an applicable lease or the owner or occupier of a tenement,

and returned by the person to the Commissioner containing (or purporting to contain) all or any of the particulars required to be given by the person to the Commissioner.

120AAZZE.

Providing false or misleading particulars etc.

(1)

This section applies if a person is required to—

(a)

provide any particulars required by a requisition, any reference document or any other information to the Commissioner under this Part; or

(b)

submit a notice in the specified form to the Commissioner to notify the Commissioner of any particulars of a tenancy under section 120AAZT(2).

(2)

A person commits an offence if the person—

(a)

in purported compliance with the requirement—

(i)

provides any particulars that are false or misleading in a material particular;

(ii)

provides any reference document that is false or misleading in a material particular; or

(iii)

says or states anything (when providing the particulars, reference document or information) that is false or misleading in a material particular; and

(b)

knows that, or is reckless as to whether or not, the particulars, reference document or information, or the thing said or stated, is false or misleading in a material particular.

(3)

A person who commits an offence under subsection (2) is liable on conviction to a fine at level 3 and to imprisonment for 3 months.

(4)

In this section—

reference document

(

參考文件

) has the meaning given by section 120AAZW(6).

120AAZZF.

Use of incriminating evidence in proceedings

(1)

This section applies if the Commissioner requires a person to provide any particulars required by a requisition under section 120AAZV(2).

(2)

The Commissioner must ensure that the requisition served on the person contains sufficient information to inform and remind the person of the limitations imposed by subsection (3) on the admissibility in evidence of the Commissioner’s requirement and the person’s response.

(3)

Despite anything in this Ordinance, if the conditions specified in subsection (4) are satisfied, the Commissioner’s requirement and the person’s response are not admissible in evidence against the person in criminal proceedings.

(4)

The conditions are—

(a)

that the person’s response might tend to incriminate the person; and

(b)

that the person so claims before giving the response.

(5)

However, a person is not excused from complying with a requirement imposed on the person under section 120AAZV(2) only on the ground that to do so might tend to incriminate the person.

(6)

Subsection (3) does not apply to any criminal proceedings in which the person is charged with an offence in respect of the person’s response—

(a)

under section 120AAZV or 120AAZZE; or

(b)

under Part V of the Crimes Ordinance (Cap. 200).

(7)

In this section—

response

(

回應

), in relation to a person, means any particulars provided by the person as required by a requisition under section 120AAZV(2).

120AAZZG.

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 under subsection (1).

(3)

The Commissioner may, if considered appropriate, accept any notice or application submitted to the Commissioner that is not in the specified form.

120AAZZH.

Service of documents

(1)

Service of any specified document under this Part may only be effected—

(a)

by personal service;

(b)

by post or courier, addressed to the last known place of business or residence of the person to be served; or

(c)

if it is to be served on a tenant—

(i)

by leaving the specified document with an adult occupier of the premises in which the tenant resides and to which the document relates; or

(ii)

by affixing a copy of it to a prominent part of the premises in which the tenant resides and to which it relates.

(2)

A certificate purporting to be signed by a person who states in the certificate that the person effected service under subsection (1) is, unless proved otherwise, evidence of the facts stated in the certificate relating to the service.

(3)

Subsection (1)(c)(ii) does not apply if the specified document is a tenancy in writing or Form AR1.

(4)

In this section—

specified document

(

指明文件

) means any notice (other than a notice under section 120AAZJ(2)), form, application, certificate or other document.

Part V

Tenancy (Notice of Termination)

120A.

Interpretation

In this Part, unless the context otherwise requires—

Commissioner

(

署長

) means the Commissioner of Rating and Valuation;

(Added 39 of 1979 s. 20)

landlord

(

業主

) includes any person, other than the Government, 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. Amended 29 of 1998 s. 105)

premises

(

處所

) means the subject matter of any tenancy;

(Added 39 of 1979 s. 20)

principal tenant

(

主租客

) means a tenant of premises other than a Government lessee, who has or shall sublet any part or parts thereof as a separate holding or holdings;

(Added 39 of 1979 s. 20. Amended 29 of 1998 s. 105)

Tribunal

(

審裁處

) means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap. 17).

(Added 76 of 1981 s. 53)

(Added 39 of 1979 s. 19. Amended 32 of 2002 s. 28; 16 of 2004 s. 14)

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 require him to vacate the accommodation upon ceasing to be so employed;

(h)

a tenancy held from the Government; and

(Amended 29 of 1998 s. 105; 16 of 2004 s. 15)

(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. Amended 16 of 2004 s. 15)

(k)-(l)

(Repealed 16 of 2004 s. 15)

(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 be determined by the Commissioner in a summary manner on application in writing to him and the Commissioner shall cause notice of the determination to be served on the person who made the application.

(Replaced 32 of 2002 s. 29)

(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)

(6)

Any person aggrieved by a determination under subsection (4) may, within 1 month of the service of the notice of the determination, appeal to the Tribunal against the determination and the Tribunal may make such order thereon as it thinks fit.

(Added 32 of 2002 s. 29)

(14 of 1962 s. 2 incorporated)

122.

(Repealed 16 of 2004 s. 8)

Editorial Note:

This section was repealed by s. 8 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2004 (16 of 2004). For the saving provisions, see s. 9 of 16 of 2004.

123.

Exclusion of tenancies from this Part

(1)

(Repealed 52 of 1981 s. 13)

(2)

The Chief Executive 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; 44 of 2000 s. 3)

(3)

(Repealed 52 of 1981 s. 13)

(14 of 1962 s. 4 incorporated. Amended 18 of 1974 s. 5)

124.

(Repealed 16 of 2004 s. 8)

Editorial Note:

This section was repealed by s. 8 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2004 (16 of 2004). For the saving provisions, see s. 9 of 16 of 2004.

124A.

(Repealed 32 of 2002 s. 31)

124B.

(Repealed 32 of 2002 s. 31)

124C.

(Repealed 32 of 2002 s. 31)

125.

(Repealed 52 of 1981 s. 14)

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.

(Repealed 16 of 2004 s. 8)

Editorial Note:

This section was repealed by s. 8 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2004 (16 of 2004). For the saving provisions, see s. 9 of 16 of 2004.

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)

(Repealed 32 of 2002 s. 32)

(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 sub-tenant 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

(

代理人

) 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;

Commissioner

(

署長

) means the Commissioner of Rating and Valuation;

(Added 32 of 2002 s. 33)

house

(

房屋

) includes a matshed or other structure;

landlord

(

業主

) has the meaning given by section 120AA(1);

(Added 36 of 2021 s. 5)

owner

(

擁有人

) 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

(

處所

) means lands (including leaseholds), houses and other corporeal hereditaments;

(Amended E.R. 4 of 2020)

rateable value

(

應課差餉租值

) means—

(a)

in the case of premises being a tenement included in the valuation list in force under section 14 of the Rating Ordinance (Cap. 116), the rateable value shown in that list; or

(Amended 22 of 1995 s. 36)

(b)

in any other case, the rateable value certified under section 128A;

(Added 37 of 1986 s. 7)

regulated tenancy

(

規管租賃

) has the meaning given by section 120AA(1);

(Added 36 of 2021 s. 5)

subdivided unit

(

分間單位

) has the meaning given by section 120AA(1);

(Added 36 of 2021 s. 5)

warrant

(

手令

) means a warrant issued under section 131.

(27 of 1897 s. 2 incorporated. Amended 22 of 1995 s. 36)

[cf. 1838 c. 74 s. 7 U.K.]

128A.

Certificate as to rateable value

(1)

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—

(Amended 32 of 2002 s. 34)

(a)

in the case of premises being a tenement included in the valuation list in force under section 14 of the Rating Ordinance (Cap. 116), the rateable value shown in that list; or

(Amended 22 of 1995 s. 36)

(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.

(2)

A person may apply to the Commissioner for a certificate under subsection (1).

(Added 32 of 2002 s. 34)

(3)

An application under subsection (2) shall—

(a)

be made by sending a notice in the specified form to the Commissioner; and

(b)

be accompanied by such fee as may be determined by the Financial Secretary by notice published in the Gazette.

(Added 32 of 2002 s. 34)

(4)

The Commissioner shall comply with an application under subsection (2).

(Added 32 of 2002 s. 34)

(Added 37 of 1986 s. 8)

129.

Summoning of tenant of premises with a rateable value not exceeding $100,000 unlawfully holding over

(1)

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 $100,000, 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; 32 of 2002 s. 35; 36 of 2021 s. 6)

(2)

For the purposes of subsection (1), if the premises to be recovered are a subdivided unit subject to a regulated tenancy, the owner of the premises (or the owner’s agent) must, in the relevant application, specify whether or not the regulated tenancy is created out of another tenancy.

(Added 36 of 2021 s. 6)

[cf. 1838 c. 74 s. 1 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

(1)

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 Court of First Instance 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; 25 of 1998 s. 2; 36 of 2021 s. 7)

Provided that—

(a)

entry, upon a warrant, shall not be made at any time except between 9 a.m. and 7 p.m.;

(Amended 32 of 2002 s. 36)

(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)

(2)

For the purposes of subsection (1), if—

(a)

the premises are a subdivided unit subject to a regulated tenancy; and

(b)

the regulated tenancy is created out of another tenancy,

the District Court must, in issuing a warrant to a bailiff of the Court of First Instance or the District Court, include a condition in the warrant that the execution of the warrant is to be stayed for 60 days.

(Added 36 of 2021 s. 7)

(3)

However, subsection (2) does not apply if the person making the application under section 129(1) is the landlord of the regulated tenancy for the premises.

(Added 36 of 2021 s. 7)

[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 $100,000

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 $100,000, 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; 32 of 2002 s. 37)

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 not 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.]

135A.

Forms

(1)

The Commissioner may specify the forms to be used under section 128A(3)(a).

(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.

(Added 32 of 2002 s. 38)

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

(Amended E.R. 4 of 2020)

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. Amended E.R. 4 of 2020)

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)

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

(Amended E.R. 4 of 2020)

(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(b) 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)

Editorial Note:

* Commencement date: 4 November 1988.

144.

Provisions transitional, etc. to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2002

(1)

A person may apply to the Commissioner for a certificate under section 50(10) or 53A(4)(d) as in force before the expiry of Part II.

(2)

An application under subsection (1) shall—

(a)

be made by sending a notice in the specified form to the Commissioner; and

(b)

be accompanied by such fee as may be determined by the Financial Secretary by notice published in the Gazette.

(3)

The Commissioner shall comply with an application under subsection (1).

(4)

Section 119 shall apply to a notice given under that section before the commencement* of section 12 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2002 (32 of 2002) as if that section 12 had never commenced.

(5)

Section 119A shall apply to a request for a new tenancy in accordance with that section made before the commencement* of section 13 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2002 (32 of 2002) as if that section 13 had never commenced.

(6)

Section 119F(4)—

(a)

as amended by the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2002 (32 of 2002) shall apply in the case of a landlord who opposes, in accordance with rule 69 of the Lands Tribunal Rules (Cap. 17 sub. leg. A), the grant of a new tenancy on or after the commencement* of section 18(c) of that Ordinance;

(b)

as in force before that commencement shall apply in the case of a landlord who so opposes the grant of a new tenancy before that commencement.

(7)

Notwithstanding section 74B as in force before the expiry of Part II, section 119F(4)—

(a)

as amended by the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2002 (32 of 2002) shall apply in the case of a landlord who has applied, in accordance with rule 68 of the Lands Tribunal Rules (Cap. 17 sub. leg. A), for an order for possession of premises on the ground specified in section 53(2)(c), as in force before that expiry, on or after the commencement* of section 18(c) of that Ordinance;

(b)

as in force before that commencement shall apply in the case of a landlord who so applies for an order for possession of premises on the ground specified in section 53(2)(c), as in force before that expiry, before that commencement.

(8)

For the avoidance of doubt, it is hereby declared that, subject to the other provisions of this section, section 23 of the Interpretation and General Clauses Ordinance (Cap. 1) applies to the expiry of any Part of this Ordinance (including the expiry of any provision or provisions of any such Part) as it applies to the repeal in whole or in part of any Ordinance.

(Added 32 of 2002 s. 39)

Editorial Note:

* Commencement date: 27 December 2002.

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).

(Amended E.R. 4 of 2020)

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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 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:

(Amended 53 of 1993 s. 32; E.R. 4 of 2020)

(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 sued for

Fee for every affidavit,
warrant to distrain,
notice or other document

Commission on
sum realized

Under $5,000.00

$5,000.00 or above but under $20,000.00

$20,000.00 or above

$ 60.00

$120.00

$250.00

$10.00 for every $100.00 or part thereof.

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 $55.

2.Where watchmen are kept in charge of property distrained, a fee of $330 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; L.N. 317 of 1994)

Fifth Schedule

Form 1

[s. 82]

Affidavit in support of application for warrant of distressIn 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 toin the sum of $for arrears of rent of the house and premises No.situate at in thedue formonths, to wit, from theday of, 19, to theday of, 19, at the rate ofper mensem.

(Signed) A.B.

Sworn before me

aton theday of

, 19.

(Signed)

(Amended 1 of 1953 Fourth Schedule)

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Form 2

[s. 83]

Warrant of distressIn 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 atin thefor the sum of $being the amount ofmonths’ rent due to A.B. for the same on theday of, 19, according to theprovisions 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; E.R. 4 of 2020)

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Form 3

[s. 89]

Notice under section 89In 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 ofmonths’ rent due to A.B. on theday of, 19, and 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 theday 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; E.R. 4 of 2020)

Schedule 6

[ss. 120AAB & 120AAC]

Tenancies Excluded from Application of Part IVA

1.

Interpretation

(1)

In this Schedule—

bedroom

(

睡房

), in relation to a building, means premises in a unit of the building that are demarcated as a bedroom in the latest building plan of the building;

latest building plan

(