Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.4

Power to exclude application of this Part

(1)
The Chief Executive may, in his absolute discretion and without the necessity
                of hearing any interested party, by order exclude from the further application of
                this Part any class of premises.
(Replaced
40 of 1968 s. 3
. Amended
72 of 1973 s. 2
;
44 of 2000 s. 3
)
(2)
The Tribunal may, in accordance with this section, make an order excluding any
                particular premises from the further application of this Part.
(Replaced
76 of 1981 s. 4
)
(3)
Every order made under subsection (1) shall be published in the Gazette
                    whereupon the tenant of any such premises shall be deemed to be holding at the
                    rent payable immediately before the publication of such order and shall be
                    entitled to such notice to quit as would have been required under the original
                    contract of tenancy, or, if such notice has already been given and has expired,
                    then to 1 month’s notice expiring at the end of the calendar month next after
                    the month in which such order was
published:
(Amended
76 of 1981 s. 4
)
Provided that in the event of any
                    notice having been given prior to such order being published nothing herein
                    contained shall entitle a landlord to recover possession prior to the expiration
                    of such notice.
(Added
40 of 1968 s. 3
)
(3A)
Upon the making of an order under subsection (2) the tenant of any such
                    premises shall be deemed to be holding at the rent payable immediately before
                    the making of the order and shall be entitled to such notice to quit as would
                    have been required under the original contract of tenancy or, if such notice has
                    already been given and has expired, then to 1 month’s notice expiring at the end
                    of the calendar month next after the month in which such order was
made:
Provided that in the event of any
                    notice having been given prior to such order being made nothing herein contained
                    shall entitle a landlord to recover possession prior to the expiration of such
                        notice.
(Added
29 of 1983 s. 3
)
(4)
Any landlord or tenant desiring to obtain an order of the Tribunal under
                subsection (2) shall serve notice thereof on his immediate tenant or landlord as the
                case may be in the prescribed form and shall also post such notice in a conspicuous
                place at the entrance to the premises to which the application relates. Such service
                and posting shall be verified by affidavit in the prescribed form which shall be
                lodged in the registry of the Tribunal.
(Amended
30 of 1955 s. 5
;
56 of 1961 s. 2
;
40 of 1968 s. 3
;
76 of 1981 s. 4
)
(5)
Any party other than the person served under subsection (4) who opposes the
                application shall within 14 days of such notice having been posted as aforesaid give
                notice in writing to the registrar of the Tribunal in the prescribed form stating
                his interest in the matter and whether he wishes to make written representations to
                the Tribunal or whether he wishes to appear by himself or by his advocate on the
                hearing of the application.
(Amended
76 of 1981 s. 4
)
(6)
(Repealed
76 of 1981 s. 4
)
(7)
(a)
After hearing the parties and considering such representations as it thinks
                    fit, the Tribunal may make an order in terms of subsection (2), either
                    absolutely or subject to such conditions as it thinks fit (including a condition
                    requiring payment of compensation by the landlord to any tenant).
(Replaced
76 of 1981 s. 4
)
(b)
For the purposes of any review under
section 11A
of the Lands
                    Tribunal Ordinance (
Cap. 17
), the time limit
                    mentioned in that section shall not apply to a decision, other than in relation
                    to the payment of compensation, under paragraph (a).
(Added
29 of 1983 s. 3
)
(8)
(a)
A landlord who has made an application under this section may enter into
                        an agreement with any tenant who in accordance with the provisions of
                        subsection (5) opposes the landlord’s application whereby the tenant agrees
                        to withdraw his opposition to such application subject to such terms as may
                        be agreed between the landlord and the
tenant:
(Amended
53 of 1993 s. 3
)
Provided
that—
(i)
no such agreement shall contain any term whereby the tenant
                                agrees to quit his premises before an order excluding the said
                                premises from the further application of this Part has been
                                made;
(ii)
if no order excluding the said premises from the further
                                application of this Part is made, the agreement shall be null and
                                void;
(iii)
if an order excluding the said premises from the further
                                application of this Part is made, the agreement shall be enforceable
                                only in so far as it is consistent with such order.
(b)
In the event of the Tribunal ordering that the premises to which the
                    application relates shall be excluded from the further application of this Part,
                    the Tribunal shall make such order subject to the terms agreed between the
                    parties together with such other conditions, if any, as it may think fit to
                    impose in accordance with subsection (7).
(Added
30 of 1955 s. 5
. Amended
40 of 1968 s. 3
;
76 of 1981 s. 4
)
(9)-(13)
(Repealed
76 of 1981 s. 4
)
(14)
Where any class of premises has been excluded from the further application of
                this Part by an order made under subsection (1), the Tribunal shall have
                jurisdiction to determine whether any particular premises fall within such
                    class.
(Amended
76 of 1981 s. 4
;
29 of 1983 s. 3
)