Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.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.