Landlord and Tenant (Consolidation) Ordinance

(1)
No order against a tenant for the recovery
                                                  of possession of or for ejectment from any
                                                  premises to which this Part applies shall be made
                                                  otherwise than under this Part or under any
                                                  Ordinance empowering any court or magistrate to
                                                  make an order terminating the tenancy of any
                                                  premises or for the closure of or ejection of the
                                                  tenant from, any premises, by reason of the use
                                                  thereof for immoral or illegal purposes or of the
                                                  dangerous, insanitary or overcrowded state
                                                  thereof, or with respect to which any offence has
                                                  been committed.
(2)
Any tenant who before 23 May 1947 has
                                                  retained possession of any premises by virtue of
                                                  any enactment repealed by this Part* and who is on
                                                  23 May 1947 in possession of premises to which
                                                  this Part applies and any tenant who shall retain
                                                  possession by virtue of this Part shall so long as
                                                  he retains possession observe and be entitled to
                                                  the benefit of all the terms and conditions of the
                                                  original contract of tenancy, so far as the same
                                                  are consistent with this Part, and shall be
                                                  entitled to give up possession only on giving such
                                                  notice as would have been required under the
                                                  original contract of tenancy, or, if no notice
                                                  would have been so required on giving not less
                                                  than 1 month’s
notice:
Provided that notwithstanding anything in the
                                                  contract of tenancy a landlord who obtains an
                                                  order for the recovery of possession from or the
                                                  eviction of any tenant retaining possession as
                                                  aforesaid shall not be required to give any notice
                                                  to quit to the tenant.
(3)
Subsection (1) shall not apply
to—
(a)
proceedings by a person claiming under a
                                                  title adverse and superior to that under which the
                                                  original tenancy, by virtue of which the tenant
                                                  became entitled to retain possession, was derived;
                                                  or
(b)
proceedings against a derivative
landlord:
Provided that no
                                                  order or judgment against a derivative landlord
                                                  for the recovery of possession or ejectment
                                                  therefrom shall affect the right of any sub-tenant
                                                  to whom the premises or any part thereof shall
                                                  have been lawfully sublet before proceedings for
                                                  recovery of possession or ejectment were commenced
                                                  to retain possession under this section or be in
                                                  any way operative against any such
                                                  sub-tenant.
(4)
Notwithstanding the provisions of
                                                  subsection (1), a closure order may be made under
section 27
(Closure Order) of the
                                                  Buildings Ordinance (
Cap.
                                                  123
).
(Added
43 of 1949 s. 3
)