Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.15

Offences

(1)
Any person
who—
(a)
demands or receives rent in excess of the permitted rent of any
                        premises,
(Replaced
22 of 1953 s. 8
)
(b)-(d)
(Repealed
53 of 1993 s. 11
)
shall be guilty of an offence and shall be liable on summary conviction to a fine
                at
                level 2.
(Amended
22 of 1953 s. 8
;
E.R. 4 of
                    2020
)
(1A)
It shall be a defence for a person charged with demanding or receiving rent of any premises contrary to subsection (1) to
prove—
(a)
that the demand or receipt was made pursuant to a notice purportedly served under
section 10(1A
)(
a)
; and
(b)
that at the time of the demand or receipt he did not know and had no reason to believe that the rent demanded or received was in excess of the permitted rent of those premises.
(Added
53 of 1993 s. 11
)
(2)
Upon conviction of a person of an offence against subsection (1), it shall be lawful for a magistrate, in addition to imposing a
fine—
(a)
to order the defendant to pay to the tenant any sum received in excess of the permitted rent; and
(Replaced
53 of 1993 s. 11
)
(b)
if the defendant is a principal tenant to order his ejectment.
(Replaced
22 of 1953 s. 8
)
(3)
Nothing in this section shall prejudice the right of any person to recovery by civil action any such sums as a magistrate may order to be paid under the provisions of subsection (2).
(4)
Any person who, in any document required under this Part to be lodged with or
                served on the Commissioner, makes a false statement, knowing it to be false or not
                believing it to be true, commits an offence and is liable to a fine
                at
                level 2.
(Added
40 of 1984 s. 6
. Amended
E.R. 4 of
                    2020
)