Landlord and Tenant (Consolidation) Ordinance

(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.