Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.49

Interpretation

In this Part, unless the context otherwise
requires—
Building
                Authority
(
建築事務監督
) means the Building Authority under the
            Buildings Ordinance (
Cap. 123
);
Commissioner
(
署長
) means the Commissioner of Rating and
            Valuation;
court
(
法院
) means the District Court;
current
                rent
(
現行租金
) means, except in
section 51B
,
            the rent, exclusive of rates, payable by a tenant at the date of an application under
section 57
;
(Amended
40 of 1984 s. 13
)
forfeiture
(
沒收租賃權
) means
forfeiture—
(a)
for breach of any provision of a tenancy or sub-tenancy; or
(b)
under a provision of a tenancy or sub-tenancy allowing forfeiture or
                    determination following the destruction, or partial destruction, of or damage to
                    the premises;
(Added
40 of 1984 s. 13
)
landlord
(
業主
) includes any person, other than the
            Government, who is from time to time entitled to receive rent in respect of any premises
            and, in relation to a particular tenant, means a person entitled to receive rent from
            such tenant;
(Amended
29 of 1998 s. 105
)
prevailing
                market
            rent
(
市值租金
) means, except in
section 51B
,
            the rent, exclusive of rates, at which premises the subject matter of a tenancy to which
            this Part applies might reasonably be expected to be let, at the date upon which the
            Commissioner issues his certificate under
section 58
, on the terms of the
            tenancy (other than those relating to rent and duration of the tenancy) but disregarding
            the effect of this Part;
(Amended
29 of 1983 ss. 10
& 46;
40 of 1984 s. 13
)
principal
                tenant
(
主租客
) means a tenant of premises, other than a
            Government lessee, who has sublet the whole or any part or parts thereof as a separate
            holding or holdings;
(Amended
29 of 1998 s. 105
)
repealed
                Part
            II
(
已廢除的第II部
) means Part II of the Ordinance
            repealed by
section 2
of the Landlord and Tenant (Consolidation) (Amendment)
            (No. 2) Ordinance 1973 (
78 of 1973
);
tenancy
(
租賃
) includes an agreement for a tenancy;
tenant
(
租客
) or
sub-
tenant
(
分租客
) does not include a Government lessee
                but
includes—
(Amended
29 of 1998 s. 105
)
(a)
a person who, on 18 December 1979, is in possession of premises the subject
                    matter of a tenancy or sub-tenancy to which this Part, whether by virtue of the
                    Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (
6 of 1980
) or otherwise, applies;
(Amended
6 of 1980 s. 2
)
(b)
(Repealed
6 of 1980 s. 2
)
(c)
a person who retains possession of any premises by virtue of this
                        Part;
(Amended
93 of 1975 s. 12
)
(d)
any government other than the Government of the Hong Kong Special
                    Administrative Region, or a public body, corporation, partnership or firm, which
                    is the tenant or sub-tenant of premises the subject matter of a tenancy or
                    sub-tenancy to which this Part applies;
(Added
6 of 1980 s. 2
. Amended
23 of 1998 s. 2
)
tenement
(
物業單位
) means any building, structure, or part
            thereof, which is held or occupied as a distinct or separate tenancy or holding or under
            any licence;
(Added
93 of 1975 s. 12
)
Tribunal
(
審裁處
) means the Lands Tribunal established under
            the Lands Tribunal Ordinance (
Cap. 17
).
(Replaced
76 of 1981 s. 31
)