Landlord and Tenant (Consolidation) Ordinance

(1)
This
                Part shall not apply
to—
(a)
any
premises—
(i)
in a building in respect of which an occupation permit, including a
                        temporary occupation permit, was first issued by the Building Authority
                        under
section 21(2)
of the Buildings Ordinance (
Cap. 123
) after 16 August 1945; or
(ii)
which were completed or substantially rebuilt after 16 August
                            1945;
(Replaced
29 of 1983 s. 2
)
(b)
agricultural land or any building thereon, other than a building erected
                    before 17 August 1945;
(Added
22 of 1953 s. 3
)
(c)
land let unbuilt upon save where such land has been let with, and for the
                    better enjoyment of, any building, or save where a building to which this Part
                    applies has subsequently been erected thereon;
(Added
22 of 1953 s. 3
)
(d)
(Repealed
29 of 1983 s. 2
)
(e)
(Repealed
40 of 1984 s. 2
)
(f)
any particular portion of an hotel or boarding-house which is let furnished
                    by the keeper of such hotel or boarding-house to a guest of such hotel or
                    boarding-house;
(g)
any premises for the time being vested in or in the custody of the
                    Custodian of Property or the Custodian of Enemy Property;
(h)
any lease or tenancy held directly from the Government;
(Amended
13 of 1948 s. 3
;
40 of 1984 s. 2
;
29 of 1998 s. 105
)
(i)
any premises which are, or since 4 May 1979 have been, business
                        premises.
(Replaced
40 of 1984 s. 2
)
(2)
In the event of any doubt or dispute as to whether any premises are excepted
                from the application of this Part by any of the provisions of subsection (1), the
                same may be determined by the Commissioner on the application of a landlord or
                    tenant.
(Amended
76 of 1981 s. 3
)
(3)
Where immediately before 23 May 1947, a tenant of premises to which this Part
                does not apply was entitled to protection against eviction by reason of an enactment
                repealed by this Part*, he shall be deemed to be holding at the rent payable
                immediately before 23 May 1947, and shall be entitled to such notice to quit as
                would have been required under the original contract of tenancy or if such notice
                had already been given and had expired at or before 23 May 1947 then to 1 month’s
                notice.