Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.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.