Landlord and Tenant (Consolidation) Ordinance

(1)
A tenant of domestic premises not being a
corporation or unincorporate body shall not be deemed to have assigned, transferred, sublet or parted with possession for the purposes of
section 36
if the Tribunal is satisfied
that—
(Amended
76 of 1981 s. 25
)
(a)
he sublet to a person for a period during which the tenant was absent from Hong Kong; and
(b)
such subletting occurred with the consent of the landlord or the landlord’s consent was unreasonably withheld; and
(c)
the tenant was absent from Hong Kong for a period of not less than 3
                    months
                    and not more than 9 months;
                        and
(Amended
E.R.
                            4 of 2020
)
(d)
such person did not pay or promise to pay to the tenant a consideration in excess of the rent payable by the tenant to the landlord.
(Amended
32 of 1985 s. 7
)
(2)
Whether or not the conditions of this section have been complied with a person who has obtained possession of premises to which this Part applies on condition that he will give up possession to the tenant on the tenant’s return to Hong Kong shall not be entitled to the protection of this Part as against the tenant after such tenant’s return or as against the landlord.
(Amended
32 of 1985 s. 7
)
(3)
Nothing herein contained shall entitle a person who has obtained possession of any premises by reason of this section to retain possession as against the landlord after the expiration of 9 months from the date when he first obtained such possession.