Landlord and Tenant (Consolidation) Ordinance

(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(Repealed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(Repealed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(Repealed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
)