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.