Full legislation
s.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.