Full legislation
s.50
Application
(1)
Subject to subsection (6), this Part applies to every domestic tenancy and
domestic sub-tenancy of
post-war premises, whether
the same was effected orally or in writing and notwithstanding any provision
in
such tenancy or sub-tenancy, including any
provision purporting generally or specifically to exclude this Part.
(Amended
29 of 1983 s. 11
)
(2)
For the purposes of this section,
post-war
premises
(
戰後處所
) means premises to which Part I does
not apply by virtue of
section 3(1
)(
a)
.
(Replaced
29 of 1983 s. 11
)
(3)
The burden of proving that premises in a building are not post-war premises
shall lie on the person so asserting; and a copy of a written permit of the Building
Authority to occupy a building shall be prima facie evidence that premises in that
building are not post-war if the permit purports to have been issued prior to 17
August 1945.
(Amended
29 of 1983 s. 11
)
(4)
(a)
The benefits and protection afforded by this Part shall, in any tenancy or
sub-tenancy to which it applies, be available to the widow, widower, mother,
father or any daughter or son over the age of 18 years of the tenant or
sub-tenant, as the case may be, where she or he was residing with the tenant or
sub-tenant at the time of his or her death, and for the purposes of this Part
references to tenant or sub-tenant shall, except in this subsection, be deemed
to include a reference to such widow, widower, mother, father, daughter or
son.
(Amended
29 of 1983 s. 11
;
40 of 1984 s. 14
)
(b)
Only one person mentioned in paragraph (a) shall be entitled to the
benefits and protection of this Part at one time and, in default of agreement by
those persons, the Tribunal shall nominate that person on such grounds as
appears to it to be just and equitable.
(Added
29 of 1983 s. 11
)
(c)
The benefits and protection afforded by this Part shall not be available to
a personal representative of a deceased tenant or sub-tenant or, notwithstanding
any will or the law of succession on intestacy, any other person who is not a
person mentioned in paragraph (a) as entitled to those benefits or that
protection.
(Added
40 of 1984 s. 14
)
(5)
(Repealed
6 of 1980 s. 3
)
(6)
This Part shall not apply to the
following—
(a)
a tenancy or
sub-
tenancy—
(i)
of premises to which Part I applies; or
(ii)
of premises in respect of which there is in existence an order under
section 4
;
(Replaced
24 of 1980 s. 2
. Amended
29 of 1983 s. 11
)
(b)
a tenancy or sub-tenancy of land unbuilt on;
(c)
a tenancy or sub-tenancy of agricultural land, which expression shall have
the meaning assigned to it by
section 36
of the Rating Ordinance
(
Cap. 116
), including such a tenancy or
sub-tenancy where there is on the land a dwelling house occupied by persons
working the land;
(d)
a tenancy or sub-tenancy where the landlord or principal tenant is the
employer and the tenant or sub-tenant is the employee in possession of the
premises in accordance with the terms and conditions of his employment, being
terms and conditions which require him to vacate the accommodation on ceasing to
be so employed;
(e)
a tenancy held from the Government, the Hong Kong Housing Authority, the
Hong Kong Housing Society or the Hong Kong Settlers Housing Corporation Limited,
or a sub-tenancy created out of such a tenancy;
(Amended
52 of 1981 s. 2
;
53 of 1993 s. 19
;
29 of 1998 s. 105
)
(f)-(g)
(Repealed
76 of 1981 s. 32
)
(h)
(Repealed
29 of 1983 s. 11
)
(i)-(k)
(Repealed
6 of 1980 s. 3
)
(l)
a tenancy or
sub-
tenancy of any premises in a building in respect of
which an appropriate certificate was first issued or which premises were
completed or substantially rebuilt on or after 19 June 1981; and, for the
purposes of this paragraph,
appropriate
certificate
(
適當證明書
) means—
(i)
an occupation permit, including a temporary occupation permit,
issued by the Building Authority under
section
21
(2)
of the Buildings Ordinance (
Cap. 123
);
or
(ii)
where
section 21
of the Buildings Ordinance (
Cap. 123
) does not apply to the premises by
virtue of the Buildings Ordinance (Application to the New Territories)
Ordinance
(Cap.
322,
1964 Ed.) or the Buildings Ordinance (Application to the New
Territories) Ordinance (
Cap. 121
), a
certificate issued by the Director of Lands, or any person authorized by
him, certifying that the premises are complete; or
(Amended
L.N. 370 of 1981
;
L.N. 76 of 1982
;
L.N. 94 of 1986
;
60 of 1987 s. 14
;
L.N. 291 of
1993
)
(iii)
where
section 21
of the Buildings Ordinance (
Cap. 123
) does not apply to the premises by
virtue of
section 18
of the Housing Ordinance (
Cap. 283
), a certificate issued by the
Director of Housing, or any person authorized by him, certifying that
the premises are complete;
(Added
52 of 1981 s. 2
. Amended
29 of 1983 s. 11
)
(m)
a tenancy or sub-tenancy of premises the rateable value of which is not
less than $30,000 or such other sum as the Legislative Council by resolution
determines;
(Replaced
52 of 1981 s. 3
. Amended
29 of 1983 s. 11
;
40 of 1984 s. 14
;
32 of 1985 s. 8
)
(n)
a tenancy or
sub-
tenancy in writing created after 18 December 1981 for a
fixed term of 5 years or longer which contains no
provision—
(i)
for earlier determination by the landlord otherwise than by forfeiture;
and
(ii)
for any premium or fine or for any increase in the rent during the
fixed term;
(Added
76 of 1981 s. 32
)
(o)
a tenancy or sub-tenancy created on or after 10 June 1983 of premises of
which, or of part of which, the tenant or sub-tenant under that tenancy or
sub-tenancy is not already in possession under another tenancy or
sub-tenancy.
(Added
29 of 1983 s. 11
)
(7)-(8)
(Repealed
29 of 1983 s. 11
)
(9)
The Chief Executive may by order exclude from the further application this Part
any class of tenancy or sub-tenancy, any class of premises or any particular tenancy
or sub-tenancy or premises.
(Amended
44 of 2000 s. 3
)
(10)
Subject to subsection (12), for the purposes of this section, the rateable value
of any premises shall
be—
(a)
in the case of premises being a tenement included in the valuation list
declared in March 1977 under
section 13
of the Rating Ordinance (
Cap. 116
) as amended or altered from time to time up
to and including 10 June 1983, the rateable value contained in that list on 10
June 1983; and
(b)
in any other case, the rateable value which would have been contained in
the list referred to in paragraph (a) on 10 June 1983 had the premises been
included in that list and which is certified by the Commissioner as regards the
premises for the purposes of this section and that certificate shall be final
and binding.
(Replaced
29 of 1983 s. 11
. Amended
77 of 1988 s. 3
)
(11)
The dates mentioned in subsection (10) may be amended by resolution of the
Legislative Council.
(Added
29 of 1983 s. 11
. Amended
77 of 1988 s. 3
)
(12)
Any tenancy or sub-tenancy of premises excluded from this Part at any time by
virtue of the operation of subsection
(6
)(
m)
shall continue to be so
excluded notwithstanding any amendment of subsection (10).
(Added
29 of 1983 s. 11
. Amended
77 of 1988 s. 3
)