Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.131

Issue of warrant for possession of premises

(1)
If the person served with an originating summons under
section 130
does not appear before the District Court at the time and place mentioned in the
                originating summons, or fails to show cause why he should not quit and deliver up
                possession of the premises, the District Court may issue its warrant to any bailiff
                of the Court of First Instance or the District Court, commanding him to enter (by
                force, if needful) into the premises, and give possession of the same to the owner
                thereof or his
agent:
(Amended
37 of 1986 s. 11
;
25 of 1998 s. 2
;
36 of 2021 s. 7
)
Provided
that—
(a)
entry, upon a warrant, shall not be made at any time except between 9
                        a.m. and 7 p.m.;
(Amended
32 of 2002 s. 36
)
(b)
nothing herein contained shall be deemed to protect any person on whose
                        application a warrant may be granted from any action which may be brought
                        against him by a tenant or occupier for and in respect of such entry and
                        taking possession, where such person had not, at the time of granting the
                        same, lawful right to the possession of the said premises.
(
27 of 1897 s. 5
incorporated. Amended
50 of 1911 s. 4
;
51 of 1911 s. 4
;
1
                                of 1912
Schedule
;
21 of 1912 s. 2
;
29 of 1962 s. 2
;
35 of 1969
Schedule
;
92 of 1975 s. 59
)
(2)
For the purposes of subsection (1),
if—
(a)
the premises are a subdivided unit subject to a regulated tenancy;
                    and
(b)
the regulated tenancy is created out of another tenancy,
the District Court must, in issuing a warrant to a bailiff of the Court of
                First Instance or the District Court, include a condition in the warrant that the
                execution of the warrant is to be stayed for 60 days.
(Added
36 of 2021 s. 7
)
(3)
However, subsection (2) does not apply if the person making the application
                under
section 129(1)
is the landlord of the regulated tenancy for the
                premises.
(Added
36 of 2021 s. 7
)