Landlord and Tenant (Consolidation) Ordinance

(1)
Where—
(a)
there is a breach of any condition of an order made under
section
                        4
in respect of premises on land which the landlord holds under a
                    Government lease or other tenancy from the Government; or
(b)
prior to the making of an order under
section 4
in respect of
                    any such premises there has been made an assignment or underlease of, or an
                    agreement to assign or underlet, an undivided share of or in the land together
                    with the right to the exclusive possession, use, occupation or enjoyment of any
                    portion of any building to be erected thereon pursuant to such order,
(Amended
76 of 1981 s. 6
)
such breach, or assignment or underlease, or agreement to assign or underlet
                shall be deemed to be a breach of a covenant in the Government lease, or of a
                condition or stipulation of the tenancy of such land, and a right of
re-
entry
                thereon under the Government Rights (
Re-
entry and Vesting Remedies) Ordinance (
Cap. 126
) shall be deemed to have accrued to the
                Government.
(2)
Where a right of re-entry is deemed under subsection (1) to have accrued to the
                Government and in exercise of such right the Government has re-entered upon the
                land, any person who has taken an assignment or underlease, or has entered into an
                agreement to take an assignment or underlease, of an undivided share of or in the
                land together with the right to exclusive possession, use, occupation or enjoyment
                of any portion of any building to be erected thereon shall, in addition to any other
                claim he may have, be entitled to recover from the person to whom it was paid any
                money or other property which passed, whether by way of consideration or otherwise,
                under or by virtue of such assignment, underlease or agreement.
(3)
Subsection
(1
)(
b)
shall not apply to an assignment or underlease of,
                or an agreement to assign or underlet, an undivided share of or in land where the
                consideration or part of the consideration therefor is the erection of the building
                to be erected on the land pursuant to an order made under
section
                4
.