JUDGMENTS (FACILITIES FOR ENFORCEMENT) (BERMUDA) ORDER

JUDGMENTS (FACILITIES FOR ENFORCEMENT)
(BERMUDA) ORDER.

(Cap. 9. section 6).

[20th February, 1925.]

1. This Order may be cited as the Judgments (Facilities for
Enforcement) (Bermuda) Order.

2. The Ordinance shall extend to judgments obtained in superior
courts in Bermuda.
Proc. 4/25. Citation. Extension of Ordinance to Bermuda.

Proc. 4/25. Citation. Extension of Ordinance to Bermuda.

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JUDGMENTS (FACILITIES FOR ENFORCEMENT) (AUSTRALIAN CAPITAL TERRITORY) ORDER

JUDGMENTS (FACILITIES FOR ENFORCEMENT)
(AUSTRALIAN CAPITAL TERRITORY) ORDER.

(Cap. 9, section 6).

[1st January, 1957.1

1. This Order may be cited as the Judgments (Facilities for
Enforcement) (Australian Capital Territory) Order.

2. The Ordinance shall extend to judgments obtained in
superior courts in Australian Capital Territory in the like manner
as it extends to judgments obtained in a superior court in the
United Kingdom.
G.N.A. 122/56. Citation. Extension of Ordinance to Australian Capital Territory.

G.N.A. 122/56. Citation. Extension of Ordinance to Australian Capital Territory.

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JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES

SUBSIDIARY LEGISLATION.

JUDGMENTS (FACILITIES FOR ENFORCEMENT)
RULES.

ARRANGEMENT OF RUM.
Rule........................................ Page

1. Application for registration of United Kingdom judgment, etc . ... A 2

2. Affidavit .................................... ... ... ... ... ... A 2

3. Title of affidavit and summons.......... ... ... ... ... ... ... ... A 2

4. Service of summons ........................ ... ... ... ... ... A 2

5. Drawing and service of order.................. ... ... ... ... ... A 3

6. Form of order ......... ... . ........... ... ... ... ... ... A 3

7. Register ..................................... ... ... ... ... ... A 3

8. Form of register ....................... ... ... ... ... ... ... A 3
9. Notice of registration.................. ... ... ... ... ... ... ... A 3

10.............Form of notice ................. ... ... ... ... ... ... ... ... A 3

11.................Indorsement of service ..... ... ... ... ... ... ... ... ... ... A4

12........................Application to set aside registration ... ... ... ... ... A4

13.................Summons to set aside ....... ... ... ... ... ... ... ... ... ... A4

14..........Execution ......................... ... ... ... ... ... ... ... ... A4

15...............Affidavit of service ......... ... ... ... ... ... ... ... ... ... A4

16....................Form of writ of execution ... ... ... ... ... ... ... ... ... A4

17..................................Application for certified copy of Hong Kong judgment ... ... ... A 5

18........................Form of certified copy of judgment ... ... ... ... ... ... ... A 5

19........Feu ................................. ... ... ... ... ... ... ... A 5
20........Citation. ........................ ... ... ... ... ... ... ... ... A 5





SUBSIDIARY LEGISLATION.

JUDGMENTS (FACILITIES FOR ENFORCEMENT)
RULES.

(Cap. 9, section 5).

[14th March, 1924.]

1. Any application under section 3 of the Judgments (Facilities for
Enforcement) Ordinance (hereinafter referred to as the Ordinance) for
leave to have a judgment obtained in a superion court in the United
Kingdom, or in any part of Her Majesty's dominions outside the United
Kingdom to which the Ordinance applies, registered in the Supreme
Court shall be made to the court in its original jurisdiction ex parte or by
summons returnable in chambers. If the application is made ex parte the
court may direct a summons to be issued.

2. The application shall be supported by an affidavit of the facts
exhibiting the judgment or a verified or certified or otherwise duly
authenticated copy thereof and stating that to the best of the
information and belief of the deponent the judgment creditor is entitled
to enforce the judgment and the judgment does not fall within any of the
cases in which under subsection (2) of section 3 of the Ordinance a
judgment cannot properly be ordered to be registered. The affidavit
must also, so far as the deponent can, give the full name, title, trade or
business and usual or last-known place of abode or business of the
judgment creditor and judgment debtor respectively.

3. The affidavit, and the application or summons, as the case may
be, shall be intituled

'IN THE SUPREME COURT OF HONG KONG.
ORIGINAL JURISDICTION.

Miscellaneous Proceeding No . ...of 19

In the matter of the Judgments (Facilities for Enforcement)
Ordinance (Chapter 9), and in the matter of a judgment of

the .................................. [describing the court]

obtained in .................................................................
[describing the cause or matter] and dated the ..................

day of ...19 ..........91

4. The summons (if any) for leave to register shall be an originating
summons and (unless otherwise ordered by the court) shall be served in
the same manner as a writ of summons is required to be served. The
judgment debtor shall not be required to enter any appearance thereto.





5. Any order giving leave to register shall be drawn up by
or on behalf of the judgment creditor. Where the order is made
on a summons the order shall be served on the judgment debtor,
but where the order is made on an ex parte application no service
of the order on the judgment debtor shall be required.

6. The order giving leave to register the judgment shall
state the time within which the judgment debtor is to be entitled
to apply to set aside the registration. Such time, where the judg-
ment debtor is, or is ordinarily resident, within the jurisdiction
shall ordinarily be fourteen days, and when the judgment debtor
is, or is ordinarily resident, out of the jurisdiction shall be such
time as the court may order.

7. The register of judgments ordered to be registered under
the Ordinance shall be kept in the Registry of the Supreme Court
under the direction of the Registrar. The judgment shall be
registered therein in accordance with the order giving leave to
register it.

8. The register shall be arranged in alphabetical order in
the surname of the judgment debtor, and there shall be entered
in the register the date of the order for registration and of the
registration, the name, title, trade or business and usual or last-
known place of abode or business of the judgment debtor and
judgment creditor. and the amount for which the judgment is
signed, any special directions in the order for registration as to
such registration or execution thereon, and the particulars of any
execution issued thereon.

9. Notice in writing of the registration of the judgment
shall be served on the judgment debtor within a reasonable time
after such registration. Such notice shall (in the absence of an
order by the court as to the mode of service thereof) be served
on the judgment debtor by personal service (with power to order
substituted service or service out of the jurisdiction or both) as
in the case of a writ of summons, but the court may at any stage
of the proceedings authorize or direct some other mode of service
and the same shall be effected in accordance with such authority
or direction.

10. The notice of registration shall contain full particulars
of the judgment registered and of the order for such registration
and shall state the name and address of the judgment creditor or
of his solicitor or agent on whom and at which service of any
summons issued by the judgment debtor may be effected. The
notice shall state that the defendant is entitled, if he has grounds
for doing so, to apply to set aside the registration and shall also
state the number of days for applying to set aside the registration
limited by the order giving leave to register.





11. The party serving the notice shall within three days after such
service indorse on the notice or a copy or duplicate thereof the day of
the month and week of the service thereof; otherwise the judgment
creditor shall not be at liberty to issue execution on the judgment; and
every affidavit of service of such notice shall mention the day on which
such indorsement was made. This rule shall apply to substituted as wen
as other service. The three days limited by this rule may in special
circumstances be extended by order of the court.

12. The judgment debtor may, at any time within the time limited by
the order giving leave to register after service on him of the notice of the
registration of the judgment. apply by summons to the court to set aside
the registration or to suspend execution on the judgment. The court on
such application, if satisfied that the case comes within one of the cases
m which under subsection (2) of section 3 of the Ordinance no judgment
can be ordered to be registered or that it is not just or convenient that
the judgment should be enforced in Hong Kong, or for other sufficient
reason, may order that the registration be set aside or execution on the
judgment be suspended either unconditionally or on such terms as the
court thinks fit and either altogether or until such time as it shall direct:

Provided that the court may allow the application to be made at any
time after the expiration of the time herein mentioned.

13. The summons referred to in rule 12 shall be an ordinary
summons intituled in the same manner as the affidavit referred to in rule
3.

14. No execution shall issue on a judgment registered under the
Ordinance until after the expiration of the time limited by the order
giving leave to register after service on the judgment debtor of notice of
the registration thereof:

Provided that the court may at any time order that execution shall
be suspended for a longer time.

15. Any party desirous of issuing execution on a judgment
registered under the Ordinance shall produce to the proper officer an
affidavit of the service of the notice of registration.

16. A writ of execution on a judgment registered under the
ordinance shall be in a form approved by the Registrar of the Supreme
Court.





17. Any application under section 4 of the Ordinance for a certified
copy of a judgment obtained in the Supreme Court shall be made ex
parte to the Registrar of the Supreme Court on an affidavit made by the
judgment creditor or his solicitor giving the particulars of the judgment,
and showing that the judgment debtor is resident in the United Kingdom
or in some (stating what) part of Her Majesty's dominions outside the
United Kingdom to which the Ordinance extends, and stating to the best
of his information and belief the title. trade, business or occupation of
the judgment creditor and judgment debtor respectively and their
respective usual or last-known places of abode or business.

18. The certified copy of the judgment shall be sealed with the seal
of the Supreme Court and shall be certified by the Registrar in the
following form

'I certify that the above copy judgment is a true copy of a
judgment obtained in the Supreme Court of Hong Kong in its
original jurisdiction and this copy is issued in accordance with
section 4 of the Judgments (Facilities for Enforcement) Ordinance
(Chapter 9).

(Signed) ........................................................................ Registrar of
the Supreme Court of Hong Kong.'

19. The fees payable in respect of all proceedings relating to the
registration and enforcement of judgments under the Ordinance shall be
the same as those payable from time to time in respect of proceedings of
a similar nature in the Supreme Court in its original jurisdiction.

20. These rules may be cited as the Judgments (Facilities for
Enforcement) Rules.
G.N. 130/24. Application for registration of United Kingdom judgment, etc. Affidavit. Title of affidavit and summons. Service of summons. Drawing and service of order. Form of order. Register. Form of register. Notice of registration. Form of notice. Indorsement of service. Application to set aside registration. Summons to set aside. Execution. Affidavit of service. Form of writ of execution. Application for certified copy of Hong Kong judgment. Form of certified copy of judgment. Fees. Citation.

G.N. 130/24. Application for registration of United Kingdom judgment, etc. Affidavit. Title of affidavit and summons. Service of summons. Drawing and service of order. Form of order. Register. Form of register. Notice of registration. Form of notice. Indorsement of service. Application to set aside registration. Summons to set aside. Execution. Affidavit of service. Form of writ of execution. Application for certified copy of Hong Kong judgment. Form of certified copy of judgment. Fees. Citation.

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JUDGMENT (FACILITIES FOR ENFORCEMENT) ORDINANCE

LAWS OF HONG KONG

JUDGMENTS FACILITIES FOR ENFORCEMENT)
ORDINANCE

CHAPTER 9

LA


REVISED EDITION 1964

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 9.

JUDGMENTS (FACILITIES FOR ENFORCEMENT).

To facilitate the reciprocal enforcement of judgments and awards in
the Colony of Hong Kong and other parts of the Commonwealth.*

[30th December. 1921.]

1. This Ordinance may be cited as the Judgments (Facilities for
Enforcement) Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'judgment' means any judgment or order given or made by a court in
any civil proceedings, whereby any sum of money is made payable
and includes an award in proceedings on an arbitration if the award
has, in pursuance of the law in force in the place where it was made.
become enforceable in the same manner as a judgment given by a
court in that place; (Amended, 33 of 1939, Supp. Schedule, G.N.
840140)

'judgment creditor' means the person by whom the judgment was
obtained and includes the successors and assigns of that person;

'Judgment debtor' means the person against whom the judgment is
given and includes any person against whom the judgment is
enforceable in the place where it was given;

'original court' in relation to any judgment means the court by which
the judgment was given.

(2) Subject to rules of court, any of the powers conferred by this
Ordinance on the Supreme Court may be exercised by any judge thereof.
(Amended, 24 of 1950, Schedule)

3. (1) Where a judgment has been obtained in a superior court in
the United Kingdom, the judgment creditor may apply to the Supreme
Court at any time within twelve months after the date of the judgment, or
such longer period as may be allowed by the Supreme Court, to have the
judgment registered in the Supreme Court, and on any such application
the Supreme Court may, if in all the circumstances of the case it thinks it
just and convenient that the judgment should be enforced in the
Colony, and subject to the provisions of this section, order the
judgment to be registered accordingly.

Part II of the Administration of Justice Act 1920, was extended to Hong Kong
by Order of His Majesty in Council, dated the 1st day of April, 1922, published
in the Hong Kong Government Gazette of the 26th day of May, 1922, as G.N.
241.





(2) No judgment shall be ordered to be registered under this section
if

(a) the original court acted without jurisdiction; or

(b)the judgment debtor, being a person who was neither carrying
on business nor ordinarily resident within the jurisdiction of
the original court, did not voluntarily appear or otherwise
submit or agree to submit to the jurisdiction of that court; or

(c)the judgment debtor, being the defendant in the proceedings,
was not duly served with the process of the original court and
did not appear, notwithstanding that he was ordinarily
resident or was carrying on business within the jurisdiction of
that court or agreed to submit to the jurisdiction of that court;
or

(d) the judgment was obtained by fraud; or

(e)the judgment debtor satisfies the registering court either that
an appeal is pending, or that he is entitled and intends to
appeal, against the judgment; or

(f)the judgment was in respect of a cause of action which for
reasons of public policy or for some other similar reason could
not have been entertained by the Supreme Court.

(3) Where a judgment is registered under this section-





(b)for enabling the Supreme Court on an application by the
judgment debtor to set aside the registration of a judgment
under this section on such terms as the court thinks fit; and

(c)for suspending the execution of a judgment registered under
this section until the expiration of the period during which the
judgment debtor may apply to have the registration set aside.

(5) In any action brought in the Supreme Court on any judgment
which might be ordered to be registered under this section, the plaintiff
shall not be entitled to recover any costs of the action unless an
application to register the judgment under this section has previously
been refused, or unless the Supreme Court otherwise orders.

4. Where a judgment has been obtained in the Supreme Court
against any person, the Supreme Court shall, on an application made by
the judgment creditor and on proof that the judgment debtor is resident
in the United Kingdom, issue to the judgment creditor a certified copy of
the judgment.

(Amended, 24 of 1950, Schedule)

5. Provision may be made by rules of court under section 38 32 of
the Supreme Court Ordinance, for regulating the practice and procedure,
(including scales of fees and evidence), in respect of proceedings of any
kind under this Ordinance.

(Replaced, 24 of 1950, Schedule)

6. Where the Governor in Council is satisfied that, in the event of
the benefits of this Ordinance being extended to judgments given in the
superior courts of any part of the Commonwealth outside the United
Kingdom, substantial reciprocity of treatment will be assured as respects
the enforcement in that part of the Commonwealth of judgments given in
the Supreme Court, he may by order declare that this Ordinance shall
extend to judgments obtained in a superior court in that part of the
Commonwealth, in the like manner as it extends to judgments obtained in
a superior court in the United Kingdom, and on any such order being
made this,Ordinance shall apply accordingly.*

(Replaced, 37 of 1950, Schedule)

Extended to:

1. Ceylon, see Proclamation 2 of 1925.

2. Bermuda, see Proclamation 4 of 1925.

3. New South Wales, see Proclamation 9 of 1925.

4. Victoria, see Proclamation 3 of 1927.

5. Federation of Malaya, see G.N.A. 168150.
6. Singapore, see G.N.A. 245150.
7. Sarawak, Sabah and Brunei, see G.N.A. 163154.
8. Australian Capital Territory, see G.N.A. 122156.
9. Northern Territory of Australia, see G.N.A. 123156.
10. New Zealand, see G.N.A. 43157.
Originally 32 of 1921. (Cap. 9, 1950.) 33 of 1939. 24 of 1950. 37 of 1950. Short title. Interpretation. 10 & 11 Geo. 5, c. 81, s. 12. Enforcement in the Colony of judgments obtained in the United Kingdom. 10 & 11 Geo. 5, c. 81, s. 9. Issue of certificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. Rules of Court. 10 & 11 Geo. 5, c. 81, s. 11. (Cap. 4.) Extension of the Ordinance to certain other judgments. [cf. 10 & 11 Geo. 5, c. 81, ss. 11, 13 7 14 & 23 & 24 Geo. 5, c. 13, s. 1.]

Originally 32 of 1921. (Cap. 9, 1950.) 33 of 1939. 24 of 1950. 37 of 1950. Short title. Interpretation. 10 & 11 Geo. 5, c. 81, s. 12. Enforcement in the Colony of judgments obtained in the United Kingdom. 10 & 11 Geo. 5, c. 81, s. 9. Issue of certificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. Rules of Court. 10 & 11 Geo. 5, c. 81, s. 11. (Cap. 4.) Extension of the Ordinance to certain other judgments. [cf. 10 & 11 Geo. 5, c. 81, ss. 11, 13 7 14 & 23 & 24 Geo. 5, c. 13, s. 1.]

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EVIDENCE ORDINANCE

CHAPTER 8

EVIDENCE ORDINANCE*

ARRANGEMENT OF SECTIONS

Page

PART 1

PRELIMINARY

1..........Short title ........................ ... ... ... ... ... ... ... ... ... 5
2..........Interpretation...................... ... ... ... ... ... ... ... ... ... 5

PART II

ADMISSIBLE WITNESSES AND EVIDENCE

3................................Incompetency from immature age or unsoundness of mind ... ... ... ... 6

4...................Evidence of child of tender years ... ... ... ... ... ... ... ... ... 6

5..............Evidence of parties ............ ... ... ... ... ... ... ... ... ... 7

6...................Evidence of husband and wife ... ... ... ... ... ... ... ... ... ... 7
7...................Privilege of husband and wife ... ... ... ... ... ... ... ... ... ... 7

8............Evidence of access ............... ... ... ... ... ... ... ... ... ... ... 7

9.....................No incapacity from crime or interest ... ... ... ... ... ... ... ... ... 7

10...........................Exception as to defendant in criminal proceedings ... ... ... ... ... ... 8

11..........................................Evidence of parties and their husbands and wives in proceedings for adultery 8

12..............Discrediting a witness ........ ... ... ... ... ... ... ... ... ... ... 8

13.............................Proof of contradictory statement of adverse witness ... ... ... ... ... 8
14.............................Cross-examination as to previous statement in writing ... ... ... ... ... 8

15....................................Proof of conviction and previous conviction for indictable offence ... ... 9

16....................Attesting witness need not be called ... ... ... ... ... ... ... ... ... 9

17.........................Comparison of disputed with genuine writing ... ... ... ... ... ... ... 9

17A. Evidence in criminal proceedings to prove unrecorded event did not happen ... 9

PART Ill

ADMISSIBLE DOCUMENTS

18.....................Copy of document of public nature ... ... ... ... ... ... ... ... ... 10

19............Official documents ............... ... ... ... ... ... ... ... ... ... ... 10

19A....................................Certificate in criminal proceedings in respect of foreign documents ... ... 10

19B..................................Certificate in criminal proceedings of designation of foreign bank ... ... ... 11

19C.......................Privilege relating to sections 19A and 19B ... ... ... ... ... ... ... ... 12

20...................Copy of entry in banker's record ... ... ... ... ... ... ... ... ... ... 12







21.......................................Court or judge may direct copies of entries in banker's record to be taken ... 13

vA. Evidence in criminal proceedings from documentary records ... ... ... ... 14

22A.......................................Documentary evidence in criminal proceedings from computer records ... 15
,.,22B. Provisions supplementary to sections 22 and 22A 18

23. Copy of records of Royal Observatory ... ... ... ... ... ... ... ... ... 19

The Civil Evidence Ordinance 1973 (No. 49 of 1973) has been consolidated into this
Ordinance as Part V.





Section .................... Page

24. Certificate of accuracy of chronometer ... ... ... ... ... ... 20

25......................Government Chemist's certificates ... ... ... ... ... ... ... ... ... 20
26......................Certificates as to photographic process ... ... ... ... ... ... ... ... ... 21
27......................Certified translations of documents ... ... ... . ... ... ... ... ... 21

28.......................................Certificates of accuracy of speedometers and radar and weighing devices ... 22

29......................Certificate of posting of documents ... ... ... ... ... ... ... ... ... 23

29A.......................Certified transcripts of tape recordings ... ... . ... ... ... ... ... 24

30. Computation of time ....................... ... ... ... ... ... ... ... 25

31. Proof of foreign or colonial act of state, judgment, etc. . ... ... ... ... ... 25

32..........................Proof of statutes of Commonwealth Country ... ... ... ... ... ... ... 26

33. Swearing of answer, etc., in High Court in England, etc. ... ... ... ... ... 27

34. Admissibility of document having seal and signature of British ambassador, etc. 27

35..........................Proof of various matters in civil proceedings ... ... ... ... ... ... ... 27

36. Effect of notices in Gazette .............. ... ... ... ... ... ... ... ... 28

37.................................Admissibility of document filed in foreign court or consulate ... ... ... ... 28
38.................................Courts to take judicial notice of signature of judges, etc. ... ... ... ... 28

39. Prints of films of public documents .... ... ... ... ... ... ... ... ... 28

40. Prints from films of Government documents, etc . ... ... ... ... ... ... 29

41. Interpretation ............................ 1 ... ... ... ... 30

42. Proof of instrument to validity of which attestation is necessary ... ... ... 30

43..........................Presumptions as to documents 20 years old ... ... ... ... ... ... ... 30

44. Power to order proof of specified facts by affidavit with or without attendance of

deponent ................................ ... ... ... ... ... ... ... 31

45. Interpretation and savings ............. ... ... ... ... ... ... ... ... 31

PART IV

HEARSAY EVIDENCE IN CIVIL
PROCEEDINGS

46. Hearsay evidence to be admissible only by virtue of this or any other Ordinance or

by agreement ... ... ... ... ... ... ... ... ... ... ... ... ... ... 31

47....................................Admissibility of out-of-court statements as evidence of facts stated ... ... 31
48....................................Witness's previous statement, if proved, to be evidence of facts stated ... ... 32

49................................Admissibility of certain records as evidence of facts stated ... ... ... ... 33
so. Admissibility of statements produced by computers 33

51. Provisions supplementary to sections 47 to 50 35
52. Admissibility of evidence as to credibility of maker, etc. of statement admitted







under section 47 or 49 ... ... ... ... ... ... ... ... ... ... ... ... 36

53. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... 37
54. Admissibility of certain hearsay evidence formerly admissible at common law ... 37
55. Interpretation of sections 46 to 54 and application to arbitrations. etc. ... ... 38

PART V

EVIDENCE OF OPINION AND EXPERT
EVIDENCE

56. Application of Part IV to statements of opinion ... ... ... ... ... ... ... 40
57. Rules with respect to expert reports and oral expert evidence ... ... ... ... ... 40





Section Page

58. Admissibility of expert opinion and certain expressions of non-expert opinion 40

59, Evidence of foreign law .................... ... ... ... ... ... ... ... 41

60. Interpretation, application to arbitrations etc. and savings ... ... ... ... 42

61. [Repealed] ................................ ... ... ... ... ... 43

PART VI

CONVICTIONS AND
PRIVILEGE

Con Convictions, etc. as evidence in civil
proceedings

62.........................Convictions as evidence in civil proceedings ... ... ... ... ... ... ... 43

63.............................Findings of adultery as evidence in civil proceedings ... ... ... ... ... 44

64..................................Conclusiveness of convictions for purposes of defamation actions ... ... ... 44

Privilege
65. Privilege against incrimination of self or spouse ... ... ... ... ... ... ... 45

66..................Abolition of certain privileges ... ... ... ... ... ... ... ... ... 46

67. Consequential amendments relating to privilege ... ... ... ... ... ... 46

General
68. Interpretation and savings of Parts IV and VI ... ... ... ... ... ... ... 47

69.......Rules ................................ ... ... ... ... ... ... ... ... 48

PART VII

DEPOSITIONS

70. Admissibility in evidence in criminal proceedings of deposition of person dead.

etc. ...................... . ........... ... ... ... ... ... ... ... 48

71................................Prima facie proof of examination having been duly taken ... ... ... ... 48
72................................Objection that deposition tendered was not signed by magistrate ... ... ... 49

73. Power to take deposition of person dangerously ill, etc., and admissibility thereof 49

PART VIII

EVIDENCE FOR PROCEEDINGS IN OTHER
JURISDICTIONS

74............Interpretation .................. ... ... ... ... ... ... ... ... ... 50

Evidence for civil proceedings
75. Application to the HighCourt for assistance in obtaining evidence for civil

proceedings in another court ............. ... ... ... ... ... ... ... 50

76. Power of a court in Hong Kong to give effect to an application for assistance ... 50

77..............Privilege of witnesses ... ... ... ... ... ... ... ... ... ... ... 51







77A.............Effect of subpoena ............ ... ... ... ... ... ... ... ... ... 52

Evidence for criminal proceedings
77B. Power of Hong Kong court to assist in obtaining evidence for criminal proceedings

in an overseas court .................... ... ... ... ... ... ... ... ... 52

Supplementary

77C...........Rules of court .................. ... ... ... ... ... ... ... ... ... 52
77D. Saving 53





Section ....Page

PART VIIIA

OBTAINING OF EVIDENCE IN OTHER JURISDICTIONS FOR USE IN
CRIMINAL PROCEEDINGS IN HONG KONG

77E. Issue of letter of request to obtain evidence in criminal proceedings ... 53
77F. Admissibility in criminal proceedings of evidence obtained pursuant to letter of

request .............. ................. ... ... ... ... ... 54

77G..........................Provisions supplementary to sections 77E and 77F ... ... ... ... ... ... 57

PART IX

MISCELLANEOUS

78.............................Impounding of forged document admitted in evidence ... ... ... ... ... 57

79...........................Admissibility of certain medical notes and reports ... ... ... ... ... ... 58

80. Observations and evidence of accused person before magistrate to be taken down

and to be admissible at trial ............ . ... ... ... ... ... 58

81.............................Warrant or order to bring up prisoner to give evidence ... ... ... ... ... 58

82................Saving as to Wills Act 1837 ... ... ... ... ... ... ... ... ... ... ... 58

Schedule, Forms ................................ ... ... ... ... ... ... ... 59





CHAPTER 8
EVIDENCE
To consolidate the law of evidence. Originally
2 of 1889.
26 of 1886.
31 F 911.
[18 January 1889.] (Cap. 8. 1950.)

49 of 1971.

,of 908.
9 or 1908.

3 of 1909.
30 of 1911.
50 of 1911 51
of 1911. 62
of 1911. 63
of 9

21 of 1912

of 1912 27
of 191

43 of 19

13 of 915. 11 of
1915 20 of 1922
of 1922 5 of
1924. 1 of
927. 33 of
1934. 27 of
1937 6 of 939.
2 of 1946. 9 of
950. 24 of
1950. 37 of
1950. 21 of
1966. 46 of
1967. 25 of
1969. 31 of
1969. 69 of
1970. 35 of
1971. 20 of
1972. 35 of
1972. 6 of
1973. 42 of
1973. 15 of 1
975. 92 of
1975. 2 of 1977
of 1978. 65 of
1980 of 198 1.
L.N- 76182, 47
of 1982. L.N.
298182. 37 of
1984.

PART I

PRELIMINARY

1. This Ordinance may be cited as the Evidence Ordinance. Short title.
(Amended, 5 of 1924, s. 6)
2. In this Ordinance, unless the context otherwise requires- Interpretation
'bank' means any corporation, company, or society established by






charter or under or by virtue of any Act of Parliament or
Ordinance, lawfully carrying on the business of bankers, or any
foreign banking company carrying on business in Hong Kong
(Amended, 9 of 1950, Schedule and 3 7 of 1984, s. 11)
'banker's record' includes-
(a) any document or record used in the ordinary business of a
bank;and





(b)any record so used which is kept otherwise than in a legible
form and is capable of being reproduced in a

legible form;(Replaced, 37 of 1984, s. 2)

[cf. 1851 c. 99, s. 16.1'court' includes the Chief Justice and any other judge, also
every magistrate, justice, officer of any court, commissioner,
arbitrator, or other person having, by law or by consent of
parties, authority to hear, receive, and examine evidence with
respect to or concerning any action, suit, or other proceeding
civil or criminal, or with respect to any matter submitted to
arbitration or ordered to be inquired into or investigated under
any commission; (Amended, 50 of 1911; 62 of 1911, Schedule
and 27 of 1912)
'Government Chemist means the person appointed as such
by the Governor and such other person as the Governor may
appoint in writing to carry out examinations or analyses of
articles or substances and to sign certificates under section 25
in relation thereto. (Added, 31 of 1969, s. 2. Amended,
42 of 1973, s. 2)

PART II

ADMISSIBLE WITNESSES AND
EVIDENCE

Incompetency 3. The following persons only shall be incompetent to give
from immature evidence in any proceedings-
age or unsound-
ness of mind. (a) children under 7 years of age, unless they appear capable
of receiving just impressions of the facts respecting which
they are examined and of relating them truly; and
(b) persons of unsound mind, who, at the time of their
examination, appear incapable of receiving just impres-
sions of the facts respecting which they are examined
or of relating them truly; and no person who is known
to be of unsound mind shall be liable to be summoned
as a witness without the consent previously obtained
of the court or person before whom his attendance is
required.

Evidence of child 4.Where, in any proceeding against any person for an

of tender years. offence, any child of tender years who is tendered as a witness
1908 c. 67, s. 30. does not in the opinion of the court understand the nature of
an oath, the evidence of that child may be received, though not
given upon oath, if, in the opinion of the court, the child is
possessed of sufficient intelligence to justify the reception of the
evidence, and understands the duty of speaking the truth; and the
provisions of section 70 shall extend to the evidence of the child,
though not given on oath, but otherwise taken and reduced into
writing in accordance with the provisions of section 81 of the
(Cap. 227) Magistrates Ordinance:





Provided that

(a)no person shall be liable to be convicted of the offence unless
the testimony admitted by virtue of this section and given on
behalf of the prosecution is corroborated by some other
material evidence in support thereof implicating the accused;
and

(b)any child, whose evidence is received as aforesaid and who
wilfully gives false evidence under such circumstances that, if
the evidence had been given on oath, he would have been
guilty of perjury, shall, subject to the provisions of the Juvenile
Offenders Ordinance, be liable on summary conviction to such
punishment as might have been awarded had he been charged
with perjury and the case been dealt with summarily under
section 8 of that Ordinance.

(Added, 33 of 1934, s. 2)

5. In all proceedings before the court, the parties and the husbands
and wives of the parties thereto, and the persons in whose behalf any
proceedings may be brought, or instituted, or opposed, or defended,
and the husbands and wives of such persons shall, except as hereinafter
excepted, be competent and compellable to give evidence, either viva
voce or by deposition, according to the practice of the court, on behalf
of either or any of the parties to the proceedings.

(Amended, 27 of 1937, Schedule)

6. Nothing in this Ordinance shall render any husband competent
or compellable to give evidence for or against his wife, or any wife
competent or compellable to give evidence for or against her husband,
in any criminal proceedings.

7. In criminal proceedings, a husband shall not be compellable to
disclose any communication made to him by his wife during the marriage
nor shall a wife be compellable to disclose any communication made to
her by her husband during the marriage.

(Amended, 9 of 1908, s. 2 and 25 of 1969, s. 2)

8. (1) Notwithstanding any rule of law, the evidence of a husband
or wife shall be admissible in any proceedings to prove that marital
intercourse did or did not take place between them at any period.

(2) Notwithstanding anything in this section or any rule of law, a
husband or wife shall not be compellable in any proceedings to give
evidence of the matters aforesaid.

(Added, 37 of 1950, Schedule)

9. No person offered as a witness in any proceedings shall be
excluded by reason of incapacity from crime or interest from giving
evidence, either in person or by deposition, according to, the practice





of the court, on the trial or hearing of any proceedings or at any

stage thereof. (Amended, 50 of 1911, s. 4)

10. Nothing in this Ordinance shall render any person who in any
criminal proceedings is charged with an indictable offence or any
offence punishable on summary conviction compellable to give
evidence for or against himself, or shall render any person in any
proceedings compellable to answer any question tending to criminate
himself.

(Amended, 50 of 1911; 62 of 1911, Schedule)

11. In any proceedings instituted in consequence of adultery, the
parties to such proceedings and the husbands and wives of such
parties shall be competent to give evidence in relation thereto.

(Amended, 25 of 1969, s. 3)

12. A party producing a witness in any proceedings shall not be
allowed to impeach his credit by general evidence of bad character, but
he may, in case the witness, in the opinicn of the court, proves adverse,
contradict him by other evidence or, by leave of the court, prove that he
has made at other times a statement inconsistent with his present
testimony, but, before such lastmentioned proof can be given. the
circumstances of the supposed statement, sufficient to designate the
particular occasion, must be mentioned to the witness, and he must be
asked whether or not he has made such statement.

13. If a witness in any proceedings, on cross-examination as to a
former statement made by him relative to the subject-matter of the
proceedings and inconsistent with his present testimony, does not
distinctly admit that he has made such statement, proof may be given
that he did in fact make it; but, before such proof can be given, the
circumstances of the supposed statement, sufficient to designate the
particular occasion. must be mentioned to the witness, and he must be
asked whether or not he has made such statement.

14. A witness in any proceedings may be cross-examined as to
previous statements made by him in writing or reduced into writing
relative to the subject-matter of the proceedings, without such writing
being shown to him; but if it is intended to contradict such witness by
the writing, his attention must, before such contradictory proof can be
given, be called to those parts of the writing which are to be used for
the purpose of so contradicting him:

Provided always that it shall be competent for the court, at any time
during the trial or hearing of the proceedings, to require the production
of the writing for its inspection, and the court may thereupon make such
use of it for the purposes of the trial or hearing as it may think fit.





15. A witness in any proceedings may be questioned as to
whether he has been convicted of any felony or misdemeanor, and,
on being so questioned, if he either denies or does not admit the
fact or refuses to answer, it shall be lawful for the cross-examining
or opposite party to prove such conviction, and in such case, and
also whenever it may be necessary to prove the trial and conviction
or acquittal of any person charged with an indictable offence, a
certificate, record, or extract of the conviction containing the
substance and effect only (omitting the formal part) of the convic-
tion for such offence, purporting to be signed by the clerk of the
court or other officer having the custody of the records of the court
where the offender was convicted, or acquitted, or by the deputy of
such clerk or officer, shall, on proof of the identity of the person, be
sufficient evidence of such conviction or acquittal, without proof of
the signature or official character of the person appearing to have
signed the same.

16. It shall not be necessary in any proceedings to prove
by the attesting witness any instrument to the validity of which
attestation is not requisite; and such instrument may be proved
by admission or otherwise as if there had been no attesting witness
thereto.

17. Comparison of a disputed writing with any writing proved
to the satisfaction of the court to be genuine shall be permitted to be
made by witnesses in any proceedings, and such writings, and the
evidence of witnesses respecting the same, may be submitted to the
court and to the jury, if any, as evidence of the genuineness or
otherwise of the writing in dispute.

17A. (1) Where in any criminal proceedings the happening of
an event of any description is relevant, and it is proved that a system
has been followed whereby a person acting under a duty has
compiled a record of the happening of all events of that description,
evidence that there is no record of the happening of the event in
question shall be admitted as prima facie evidence to prove that the
event did not happen.

(2) This section shall not apply to any record compiled in
connexion with any criminal proceedings or with any investigation
relating or leading to any criminal proceedings.

(3) Where evidence is tendered under this section, the court
may require that the whole or part of the record concerned be
produced and, in default, may reject the evidence or, if it has been
received, exclude it.

(4) Any reference in this section to a person acting under a
duty includes a reference to a person acting in the course of any
occupation in which he is engaged or employed or for the purposes
of any paid or unpaid office held by him.
(Added, 37 of 1984, s. 3)





PART III

ADMISSIBLE DOCUMENTS

18. Whenever any book or other document is of such a public
nature as to be admissible in evidence on its mere production from the
proper custody, and no enactmen exists which renders its P_

contents provable by means of a copy, and copy thereof or extract therefrom
shall be admissible in evidence in the court, provided it is proved to be
an examined copy or extract or provided it purports to be signed and
certified as a true copy or extract by the officer to whose custody the
original is entrusted, and which officer is hereby required to furnish
such certified copy or extract to any person applying at a reasonable
time for the same, on payment of a reasonable sum for the same, not
exceeding 50 cents for every folio of 72 words.

(Amended, 51 of 1911; 63 of 1911, Schedule and 9 of 1950,
Schedule)

19. Whenever, by any enactment, any certificate, official or public
document, or proceeding of any corporation or joint-stock or other
company, or any certified copy of any document, by-law, entry in any
register or other book, or of any other proceeding is receivable in
evidence of any particular in the court or before the Legislative Council
or any committee thereof, the same shall respectively be admitted in
evidence, provided they respectively purport to be sealed or impressed
with a stamp, or sealed and signed, or signed alone, as required, or
impressed with a stamp and signed, as directed by the enactment,
without any proof of the seal or stamp where a seal or stamp is
necessary, or of the signature or of the official character of the person
appearing to have signed the same, and without any further proof
thereof, in every case in which the original record could have been
received in evidence.

(Amended, 51 of 1911 and 63 of 1911, Schedule)

19A. (1) Any document purporting to be signed by the Chief
Secretary and certifying that any foreign document attached thereto has
been received by him in connexion with any criminal proceedings shall
be admitted in evidence in those proceedings together with the
document attached thereto, on production without further proof, as
prima facie evidence of the facts contained in such documents.

(2) In this section 'foreign document means a document
purporting to be

(a) a true copy or extract from

(i) any record, book or document of a public nature kept or
maintained in any plate outside Hong Kong; or

Note: As to Admissibility in United Kingdom of certain Hong Kong public
registers, see S.I. 1962 No. 642.





(ii) any document filed in or issued out of an office kept or
maintained in any place outside Hong Kong for the purpose
(whether the sole purpose or not) of registering companies or
business names or the ownership of property; and

(b)signed and certified as a true copy of or extract from any such
record, book or document by a person having custody or
control thereof.

(3) In relation to a document tendered in evidence under this
section and purporting to be signed and certified as a true copy of or
extract from any record, book or document by a person having custody
or control thereof, it shall be presumed, unless the contrary is proved,
that such record, book or document is

(a)a record, book or document of a public nature kept or
maintained in a place outside Hong Kong; or

(b)a document filed in or issued out of an office kept or maintained
in a place outside Hong Kong for the purpose of registering
companies or business names or the ownership of property,

if there is endorsed on the document a statement purporting to be
signed by that person to that effect.

(4) Unless the court otherwise orders, a document shall not be
admitted in evidence under this section unless 14 days' notice in writing
of the intention to tender such document in evidence, together with a
copy thereof and of the certificate of the Chief Secretary in respect
thereof, has been served

(a)where the document is tendered by the prosecution, on the
defendant (or, if more than one, on each defendant) or his
solicitor;

(b)where the document is tendered by a defendant, on the
Attorney General,

but nothing in this subsection shall affect the admissibility of a
document in respect of which notice has not been served in accordance
with the requirements of this subsection if no person entitled to be so
served objects to its being so admitted.

(Added, 37 of 1984, s. 4)

19B.The Financial Secretary may, for the purposes of any criminal
proceedings, designate any body formed or established outside Hong
Kong which carries on the business of banking outside Hong Kong, and
a certificate purporting to be signed by the Financial Secretary and
certifying that any such body described therein has been designated by
him under this section for the purposes of those proceedings shall, on
its production without further proof, be admitted in those proceedings
as prima facie evidence of the facts contained therein.

(Added, 37 of 1984, s. 4)





19C. The Chief Secretary or the Financial Secretary shall not
be compelled to attend as a witness in any criminal proceedings in
which a certificate purporting to have been signed by him is tendered
in evidence under section 19A or 19B, as the case may be, if the
matter in respect of which his attendance is required relates solely to
that certificate.
(Added, 37 of 1984, s. 4)

20. (1) Subject to this section, a copy of any entry or matter
recorded in a banker's record shall, on its production without
further proof, be admitted in any proceedings as prima facie
evidence of the matters, transactions and accounts therein recorded
if-

(a) it is proved-
(i) that such entry was made or matter recorded in the
ordinary course of business; and
(ii) that such record is in the custody or control of the
bank;and

(b)except in the case of a copy made by any photographic
process and subject to subsection (3), it is proved by some
person who has examined the copy with the original entry,
that the copy has been examined with the original entry
and is correct.

(2) A bank or officer of a bank shall not, in any proceedings
other than proceedings instituted by or against the bank, be com-
pelled to produce any banker's record the contents of which can be
proved under this section, or to appear as a witness to prove the
matters, transactions or accounts therein recorded, except-

(a)in civil proceedings, by order of a judge made for special
cause;

(b) in criminal proceedings, by order of the court of trial.

(3) In the case of a banker's record kept by means of a
computer, it shall not be necessary to prove the matters referred to
in subsection (1)(b) in relation to a document produced by the
computer which is tendered in evidence under this section as a
copy of a matter recorded therein if (subject, in the case of civil
proceedings, to any rules of court made under section 54 of the
Supreme Court Ordinance with respect to this subsection) it is
proved-

(a)that the document was so produced under the direction of
a person having practical knowledge of and experience in
the use of computers as a means of storing, processing or
retrieving information;
(b)that during the period when the computer was used for the
purpose of keeping such record, appropriate measures
were in force for preventing unauthorized interference with
the computer; and





(e)that during that period, and at the time that the document was
produced by the computer, the computer was operating
properly or, if not, that any respect in which it was not
operating properly or was out of operation was not such as to
affect the production of the document or the accuracy of its
contents,

and for the purposes of this subsection 'computer' has the same
meaning as in section 22A.

(4) In any proceedings, the matters referred to in subsection (1)(a)
and (b) and subsection (3)(a), (b) and (c) in relation to a banker's
record may be proved, orally or by affidavit, by any officer of the bank,
and any such affidavit shall, on its production without further proof, be
admitted in evidence and may include an explanation of the contents of
the copy of any entry or matter recorded in such banker's record which
is tendered in evidence or any abbreviations, symbols or other markings
appearing in such copy that may be relevant in the proceedings, and a
description of the banker's record, its nature and use, and the
procedures followed in keeping it; and for the purposes of this
subsection it shall be sufficient for a matter referred to in subsection
(1)(a)(i) or (3)(c) to be stated in an affidavit to the best of the
knowledge and belief of the person making the affidavit.

(5) In relation to any criminal proceedings-

(a)this section shall apply to any document or record used in the
ordinary business of a body designated by the Financial
Secretary under section 19B for the purposes of such criminal
proceedings as it applies to a banker's record, and a reference
in this section to a bank shall, in its application to such
document or record, be construed as a reference to the body
so designated; but

(b)this section shall not apply to any document or record used

(i) by a deposit-taking company which is a company
registered under Part 1 or IX of the Companies Ordinance;

(ii) by a deposit-taking company which is a company to
which Part XI of that Ordinance applies if such document or
record is used in its ordinary business in Hong Kong,

and for the purposes of this paragraph 'deposit-taking
company' means a company which is required by the
Deposit taking Companies Ordinance to he registered
licensed thereunder.
(Replaced, 37 of 1984, s. 5)

21. (1) On the application of any party to any proceedings, the
court or a judge may order that such party be at liberty to inspect and
take copies of any entries in a banker's record for any of the purposes
of such proceedings. (Amended, 37 of 1984, s.6)





(2) An order under this section may be made either with or without
summoning the bank or any other party, and shall be served on the
bank 3 clear days before the same is to be obeyed, unless the court or
judge otherwise directs.

(3) The costs of any application to the court or judge under or for
the purposes of this section, and the costs of anything done or to be
done under an order of the court or judge made under or for the
purposes of this section, shall be in the discretion of the court or judge,
who may order the same or any part thereof to be paid to any party by
the bank, where the same have been occasioned by default or delay on
the part of the bank.

(4) Any such order against a bank may be enforced as if the bank
were a party to the proceeding.

22. (1) Subject to this section and section 22B, a statement
contained in a document shall be admitted in any criminal proceedings
as prima facie evidence of any fact stated therein if

(a)direct oral evidence of that fact would be admissible in those
proceedings; and

(b)the document is or forms part of a record compiled by a
person acting under a duty from information supplied by a
person (whether acting under a duty or not) who had, or may
reasonably be supposed to have had, personal knowledge of
the matters dealt with in that information; and

(c) the person who supplied the information-

(i) is dead or by reason of his bodily or mental condition
unfit to attend as a witness;

(ii) is outside Hong Kong and it is not reasonably
practicable to secure his attendance;

(iii) cannot be identified and all reasonable steps have been
taken to identify him:

(iv) his identity being known, cannot be found and all
reasonable steps have been taken to find him;

(v) cannot reasonably be expected (having regard to the
time which has elapsed since he supplied or acquired the
information and to all the circumstances) to have any
recollection of the matters dealt with in that information; or

(vi) having regard to all the circumstances of the case.
cannot be called as a witness without his being so called
being likely to cause undue delay or expense.

(2) A statement made in connexion with any criminal proceedings
or with any investigation relating or leading to any criminal proceedings
shall not be admissible under this section.

(3) Subsection (1) applies whether the information was supplied
directly or indirectly but. if it was supplied indirectly. only if





each person through whom it was supplied was acting under a duty;
and that subsection applies also where the person who compiled the
record also supplied the information.

(4) Where in any criminal proceedings a statement based on
information supplied by any person is given in evidence by virtue of
this section

(a)any evidence which, if that person had been called as a
witness, would have been admissible as relevant to his
credibility as a witness shall be admissible for that purpose in
those proceedings; and

(b)evidence tending to prove that that person has, whether before
or after supplying the information, made a statement (whether
oral or otherwise) which is inconsistent with that information
shall be admissible for the purpose of showing that he has
contradicted himself..

Provided that nothing in this subsection shall enable evidence to
be given of any matter of which, if the person in question had been
called as a witness and had denied that matter in crossexamination,
evidence could not have been adduced by the crossexamining party.

(5) A statement which is admissible by virtue of this section shall
not be capable of corroborating evidence given by the person who
supplied the information on which the statement is based.

(6) In deciding for the purposes of subsection (1)(c)(i) whether a
person is unfit to attend as a witness the court may act on a certificate
purporting to be signed by a medical practitioner registered or deemed
to be registered under the Medical Registration Ordinance.

(7) Any reference in this section to a person acting under a duty
includes a reference to a person acting in the course of any occupation
in which he is engaged or employed or for the purposes of any paid or
unpaid office held by him.

(8) This section does not apply to any document to which section
22A applies.

(Replaced, 37 of 1984, s. 7)

22A. (1) Subject to this section and section 22B, a statement
contained in a document produced by a computer shall be admitted in
any criminal proceedings as prima facie evidence of any fact stated
therein if

(a)direct oral evidence of that fact would be admissible in those
proceedings; and

(b)it is shown that the conditions in subsection (2) are satisfied in
relation to the statement and computer in question.

(2) The conditions referred to in subsection (1)(b) are-





(a)that the computer was used to store, process or retrieve
information for the purposes of any activities carried on by
any body or individual;

(b)that the information contained in the statement reproduces or
is derived from information supplied to the computer in the
course of those activities; and

(c)that while the computer was so used in the course of those
activities

(i) appropriate measures were in force for preventing
unauthorized interference with the computer; and

(ii) the computer was operating properly or, if not, that any
respect in which it was not operating properly or was out of
operation was not such as to affect the production of the
document or the accuracy of its contents.

(3) Notwithstanding subsection (1), a statement contained in a
document produced by a computer used over any period to store,
process or retrieve information for the purposes of any activities ('the
relevant activities') carried on over that period shall be admitted in any
criminal proceedings as prima facie evidence of any fact stated therein if

(a)direct oral evidence of that fact would be admissible in those
proceedings;

(b)it is shown that no person (other than a person charged with
an offence to which such statement relates) who occupied a
responsible position during that period in relation to the
operation of the computer or the management of the relevant
activities

(i) can be found; or

(ii) if such a person is found, is willing and able to give
evidence relating to the operation of the computer during that
period;

(c)the document was so produced under the direction of a
person having practical knowledge of and experience in the
use of computers as a means of storing, processing or
retrieving information; and

(d)at the time that the document was so produced the computer
was operating properly or, if not, any respect in which it was
not operating properly or was out of operation was not such
as to affect the production of the document or the accuracy of
its contents,

but a statement contained in any such document which is tendered in
evidence in criminal proceedings by or on behalf of any person charged
with an offence to which such statement relates shall not be admissible
under this subsection if that person occupied a responsible position
during that period in relation to the operation of the computer or the
management of the relevant activities.





(4) Where over a period the function of storing, processing or
retrieving information for the purposes of any activities carried on
over that period was performed by computer, whether-
(a)by a combination of computers operating over that period;
or
(b)by different computers operating in succession over that
period; or
(c)by different combinations of computers operating in
succession over that period; or
(d)in any other manner involving the successive operation
over that period, in whatever order, of one or more
computers and one or more combinations of computers,
all the computers used for that purpose whether by one or more
persons or bodies during that period shall be treated for the
purposes of this section as constituting a single computer.
(5) Subject to subsection (6), in any criminal proceedings
where it is desired to give a statement in evidence by virtue of this
section, a certificate-
(a)identifying the document containing the statement and
describing the manner in which it was produced, and
explaining, so far as may be relevant in the proceedings,
the nature and contents of the document;
(b)giving such particulars of any device involved in the
production of that document as may be appropriate for the
purpose of showing that the document was produced by a
computer;
(c)dealing with any of the matters to which the conditions
mentioned in subsection (2) relate,
and purporting to be signed by a person occupying a responsible
position in relation to the operation of the relevant device or the
management of the relevant activities (whichever is appropriate)
shall, on its production without further proof, be admitted in those
proceedings as prima facie evidence of any matter stated in the
certificate; and for the purposes of this subsection it shall be
sufficient for a matter to be stated to the best of the knowledge and
belief of the person stating it.
(6) Unless the court otherwise orders, a certificate shall not be
admitted in evidence under subsection (5) unless 14 days' notice in
writing of the intention to tender such certificate in evidence,
together with a copy thereof and of the statement to which it relates,
has been served-
(a)where the certificate is tendered by the prosecution, on the
defendant (or, if more than one, on each defendant) or his
solicitor;
(b)where the certificate is tendered by a defendant, on the
Attorney General,





but nothing in this subsection shall affect the admissibility of a
certificate in respect of which notice has not been served in accordance
with the requirements of this subsection if no person entitled to be so
served objects to its being so admitted.

(7) Notwithstanding subsection (5), a court may (except where
subsection (3) applies) require oral evidence to be given of any of the
matters mentioned in subsection (5).

(8) Any person who in a certificate tendered in evidence under
subsection (5) makes a statement which he knows to be false or does
not believe to be true shall be guilty of an offence and shall be liable on
conviction to a fine of $50,000 and to imprisonment for 2 years.

(9) For the purposes of this section-

(a)information shall be taken to be supplied to a computer if it is
supplied to it in any appropriate form and whether it is so
supplied directly or (with or without human intervention) by
means of any appropriate equipment;

(b)where, in the course of activities carried on by any individual
or body, information is supplied with a view to its being stored,
processed or retrieved for the purposes of those activities by a
computer operated otherwise than in the course of those
activities, that information, if duly supplied to that computer,
shall be taken to be supplied to it in the course of those
activities;

(e)a document shall be taken to have been produced by a
computer whether it was produced by it directly or (with or
without human intervention) by means of any appropriate
equipment.

(10) The Chief Justice may make rules with respect to the procedure
to be followed under this section.

(11) Nothing in this section affects the admissibility of a document
produced by a computer where the document is tendered otherwise
than for the purpose of proving a fact stated in it.

(12) Subject to subsection (4), in this section 'computer' means any
device for storing, processing or retrieving information, and any
reference to information being derived from other information is a
reference to its being derived therefrom by calculation, comparison or
any other process.

(13) The Legislative Council may by resolution amend subsection
(12) so as to make it cover devices performing functions of a similar
character to the functions performed by the devices mentioned in that
subsection.

(Added, 37 of 1984, s. 7)

22B. (1) Where in any criminal proceedings a statement contained
in a document is admissible in evidence by virtue of section 22 or 22A,
it may be proved by the production of that document or





(whether or not that document is still in existence) by the production of
a copy of that document or of the material part thereof.

(2) Where in any criminal proceedings a statement contained in a
document is admitted in evidence by virtue of section 22 or 22A, the
court may draw any reasonable inference from the circumstances in
which the statement was made or otherwise came into being or from any
other circumstances, including the form and contents of the document
in which the statement is contained.

(3) In estimating the weight, if any, to be attached to a statement
admitted in evidence by virtue of section 22 or 22A. regard shall be had
to all the circumstances from which any inference can reasonably be
drawn as to the accuracy or otherwise of the statement and, in particular

(a)in the case of a statement falling within section 22, to the
question whether or not the person who supplied the
information from which the record containing the statement
was compiled did so contemporaneously with the occurrence
or existence of the facts dealt with in that information, and to
the question whether or not that person, or any person
concerned with compiling or keeping the record containing the
statement, had any incentive to conceal or misrepresent the
facts; and

(b)in the case of a statement falling within section 22A, to the
question whether or not the information which the information
contained in the statement reproduces or is derived from was
supplied to the relevant computer, or recorded for the purpose
of being supplied to it, contemporaneously with the occurrence
or existence of the facts dealt with in that information, and to
the question whether or not any person concerned with the
supply of information to that computer, or with the operation of
that computer or any equipment by means of which the
document containing the statement was produced by it, had
any incentive to conceal or misrepresent the facts.

(4) In sections 22 and 22A and this section 'document'. 'copy'
and 'statement' have the same meaning as in Part IV.

(5) Nothing in section 22 or 22A shall prejudice the admissibility of
any evidence that would be admissible apart from that section.

(Added, 37 of 1984, s. 7)

23. A document purporting to be a copy of the records or part of
the records kept by the Director of the Royal Observatory and
purporting to be certified by the officer having the custody of the
records shall be admitted in evidence in criminal or civil proceedings
before any court on its production without further proof, and





(a)until the contrary is proved, the court before which such
document is produced shall presume

(i) that the document is certified by such officer;

(ii) that the document is a true copy of the records or part
of the records to which it refers; and

(iii) that the records were duly made and compiled at the
time referred to in the document; and

(b)such document shall be prima facie evidence of all matters
contained therein.

(Added, 46 of 1967, s. 2. Amended, 31 of 1969, s. 3)

24. A document purporting to be a record of the testing of and the
accuracy of a chronometer and purporting to be certified by an officer
of the Royal Observatory shall be admitted in evidence in criminal or
civil proceedings before any court on its production without further
proof, and

(a)until the contrary is proved the court before which such
document is produced shall presume

(i) that the document is certified by such officer;

(ii) that the facts stated in the document relating to the
chronometer are true; and

(iii) that the record was made and compiled at the time
referred to in the document; and

(b)such document shall be prima facie evidence of all matters
contained therein.

(Added, 46 of 1967, s. 2. Amended, 31 of 1969, s. 4)

25. (1) A document in the form set out in Form 1 of the Schedule
purporting to be signed by the Government Chemist and purporting to
be a certificate as to any article or substance submitted to him shall be
admitted in evidence in criminal or civil proceedings before any court on
its production without further proof, and

(a)until the contrary is proved, the court before which such
document is produced shall presume that the signature to the
document is genuine and that the person signing it was the
Government Chemist at the time when he signed it; and

(b)such document shall be prima facie evidence of all matters
contained therein.

(2) A document given for the purposes of subsection (1) may be
signed by the Government Chemist when any examination or analysis
has been made by a person acting under his supervision and direction
and the Government Chemist is satisfied as to the examination or
analysis,

(3) Where any document is produced and admitted as evidence
under subsection (1), the court may, if it thinks fit, on its





own motion or on the application of any party to the proceedings,
summon the person who signed the document and examine him as to
the subject matter thereof.

(Added, 31 of 1969, s. 5. Amended, 35 of 1972, s. 2)

26. (1) A document in the form set out in Form 2 of the Schedule
purporting to be signed by a person duly appointed under subsection
(2) and purporting to be a certificate as to the processing of exposed
film received and processed by him shall, together with the
photographic prints or photographic enlargements referred to therein,
be admitted in evidence in criminal proceedings before any court on its
production without further proof, and

(a)until the contrary is proved, the court before which such
document is produced shall presume that the signature to the
document is genuine and that the person signing it was duly
appointed under subsection (2) at the time when he signed it;
and

(b)such document shall be prima facie evidence of all matters
contained therein.

(2) The Commissioner of Police may appoint in writing such public
officers as he thinks fit to carry out the processing of exposed film and
to sign certificates under subsection (1) in relation thereto.

(3) Where any document is produced and admitted as evidence
under subsection (1), the court may, if it thinks fit, on its own motion or
on the application of the prosecution or the defendant, summon the
person who signed the document and examine him as to the subject
matter thereof.

(Added, 31 of 1969, s. 5)

27. (1) A document purporting-

(a)to be a translation of the whole or any part of a document
written in a language other than the English language which
has been admitted in evidence in any criminal or civil
proceedings; and

(b)to be certified, by a person appointed under subsection (2) to
certify translations of documents written in such other
language, as an accurate translation,

shall be admitted in evidence in those proceedings on its production
without further proof and, until the contrary is proved, the court before
which such document is produced shall presume that

(i)the signature on the document of the person certifying it is
genuine;

(ii)such person was at the time of certifying the document
appointed under subsection (2) to certify translations of
documents written in such other language; and

(iii)the document is an accurate translation of the whole or part of
the document to which it purports to refer.





(2) The Chief Justice may appoint in writing any person to make
and to certify, for the purposes of this section, translations of
documents written in any language specified in the terms of the
appointment.

(3) A person appointed under subsection (2) may certify, for the
purposes of this section, a translation of a document written in a
language specified in the terms of his appointment notwithstanding
that the translation was not made by him.

(4) Where any document is produced and admitted in evidence
under subsection (1), the court may, if it thinks fit, on its own motion or
on the application of any part to the proceedings, summon the person
who certified the document and examine him as to the subject-matter
thereof.

(5) No document admitted in evidence in any criminal or civil
proceedings prior to the commencement* of the Evidence (Amendment)
Ordinance 1982 and purporting to have been so admitted under the
provisions of this section in force immediately prior to such
commencement, shall be held to have been wrongly admitted on the
ground only that the document was made by a person other than the
person who signed it if the person who signed it was a person
appointed under those provisions to carry out the translation of
documents and to sign certificates in relation thereto.

(6) A person who immediately prior to the commencement of the
Evidence (Amendment) Ordinance 1982 was a person appointed under
the provisions of this section in force prior to such commencement
shall, as respects translations of documents written in any language
specified in the terms of his appointment under those provisions, be
deemed to be appointed under subsection (2) of this section.

(7) In this section -translation- means a translation in the English
language.

(Replaced, 47 of 1982, s. 2)

28. (1) A document purporting-

(a)to be a record of the testing of the accuracy. inspection and
servicing of

(i) the speedometer of the motor vehicle specified in the
document;

(ii) a radar device o~^apparatus specified in the document
designed and used for the purpose of ascertaining the speed
of a motor vehicle; or or apparatus

(iii) a weighing device or apparatus specified in the
document designed and used for the purpose of ascertaining
the laden or unladen weight of a motor vehicle; and





(b) to be certified

(i) in the case of the speedometer, by a person author-

ized in this behalf by the Director of Electrical and
Mechanical Services.. (Amended. L.N. 76 82 and L.N.
298/82) ,, 0
(ii) in the case of a radar device or apparatus designed and
used for the purpose of ascertaining the speed of a motor
vehicle, by a person authorized in this behalf by the
Commissioner of Police; and

(iii) in the case of a weighing device or apparatus designed
and used for the purpose of ascertaining the laden or unladen
weight of a motor vehicle, by a person authorized in this
behalf by the Commissioner for Transport,

shall be admitted in any criminal or civil proceedings before any court
on its production without further proof.

(2) On the production of a document under subsection (1)-

(a)the court before which it is produced shall, until the contrary is
proved, presume

(i) that it was signed at the time and place specified therein
by a person authorized by the appropriate public officer
specified in the document;

(ii) that the facts stated in the document relating to the
testing of the accuracy, inspection and servicing of the
speedometer of the vehicle specified therein or the radar or
weighing device or apparatus specified therein are true; and

(iii) that the record of the facts stated in the document was
made and compiled at the time stated therein, and

(b)the document shall be prima facie evidence of all matters
contained therein.

(Added, 35 of 1972, s. 3)

29. (1) Where any Ordinance authorizes or requires any document
to be served or any notice to be given by post or by registered post, a
certificate purporting

(a) to certify---

(i) that a specified document or notice, addressed to a
person named in the certificate, was addressed to that person
at a specified address;

(ii) that the appropriate postage on the said document or
notice was prepaid; and

(iii) that the said document or notice was despatched by
post or by registered post at a time and place specified in the
certificate; and

(b)to be signed at the time and place specified in the certificate
by the person who





(i) ensured that the appropriate postage on the said
document or notice was prepaid; and
(ii) despatched the said document or notice by post or
by registered post at the said specified time and place,

shall be admitted in any criminal or civil proceedings before any
court on its production without further proof.

(2) On the production of a certificate under subsection (1)-

(a)the court before which it is produced shall, until- the
contrary is proved, presume-
(i) that the facts stated therein relating to the posting of
the document or notice specified therein are true;
(ii) that the certificate was signed at the time and place
specified therein by the person who posted the specified
document or notice; and

(b)the certificate shall be prima facie evidence of all of the
matters contained therein.
(Added, 35 of 1972, s. 3)

29A. (1) A document purporting-

(a)to be a transcript of the whole or any part of a record in a
language other than the English language which has been
admitted in evidence in any criminal or civil proceedings;
and

(b)to be certified, by a person appointed under subsection (2)
to certify transcripts of records in such other language, as
an accurate transcript,

shall be admitted in evidence in those proceedings on its production
without further proof and, until the contrary is proved, the court
before which such document is produced shall presume that-
(i)the signature on the document of the person certifying it is
genuine;
(ii)such person was at the time of certifying the document
appointed under subsection (2) to certify transcripts of
records in such other language; and
(iii) the document is an accurate transcript of the whole or part
of the record to which it purports to refer.

(2) The Chief Justice may appoint in writing any person to
make and to certify, for the purposes of this section, transcripts of
records in any language specified in the terms of the appointment.

(3) A person appointed under subsection (2) may certify, for
the purposes of this section, a transcript of a record in a language
specified in the terms of his appointment notwithstanding that the
transcript was not made by him.

(4) Where any document is produced and admitted in evidence
under subsection (1), the court may, if it thinks fit, on its own motion





or on the application of any party to the proceedings, summon the
person who certified the document and examine him as to the subject-
matter thereof.

(5) No document admitted in evidence in any criminal or civil
proceedings prior to the commencement* of the Evidence (Amendment)
Ordinance 1982 and purporting to have been so admitted under the
provisions of this section in force immediately prior to such
commencement, shall be held to have been wrongly admitted on the
ground only that the document was made by a person other than the
person who signed it if the person who signed it was a person
appointed under those provisions to carry out the transcription of
records and to sign certificates in relation thereto.

(6) A person who immediately prior to the commencement of the
Evidence (Amendment) Ordinance 1982 was a person appointed under
the provisions of this section in force prior to such commencement
shall, as respects transcripts of records in any language specified in his
appointment under those provisions, be deemed to be appointed under
subsection (2) of this section.

(7) In this section 'record' means any disc, tape, sound track or
other device in which sounds or other data (not being visual images) are
embodied so as to be capable (with or without the aid of some other
equipment) of being reproduced therefrom.

(Replaced, 47 of 1982, s. 3)

30. General holidays, within the meaning of the Holidays
Ordinance, shall be excluded from the computation of time under
sections 20 and 21.

(Amended, 43 of 1912, Schedule)

31. All proclamations, treaties, and other acts of state of any foreign
state or of any Commonwealth Country, and all judgments, decrees,
orders, and other judicial proceedings of any court of justice or any
consulate in any foreign state or in any Commonwealth Country, and all
affidavits, pleadings, and other legal documents filed or deposited in any
such court or consulate may be proved in the courts of Hong Kong
either by examined copies or by copies authenticated as hereinafter
mentioned: that is to say, if the document sought to be proved is a
proclamation, treaty or other act of state, the authenticated copy to be
admissible in evidence must purport to be sealed with the seal of the
foreign state or Commonwealth Country to which the original document
belongs, and if the document sought to be proved is a judgment, decree,
order, or other judicial proceeding of any court of justice or any
consulate in any foreign state or in any Commonwealth Country, or an
affidavit, pleading, or other legal document filed or deposited in any
such court or consulate, the authenticated copy to be admissible in
evidence must purport either to be sealed with the seal of such court or
consulate, or, in the event of such court having no seal, to be signed by
the judge or, if there are more judges than one, by any one of the judges
of such court, and such judge shall attach to his





signature a statement in writing on the said copy that the court of justice
whereof he is a judge has no seal; but if any of the aforesaid
authenticated copies purport to be sealed or signed as hereinbefore
respectively directed, the same shall respectively be admitted in
evidence in every case in which the original document could have been
received in evidence, without any proof of the seal, where a seal is
necessary, or of the signature, or of the truth of the statement attached
thereto, where such signature and statement are necessary, or of the
judicial character of the person appearing to have made such signature
and statement.

(Amended, 51 of 1911; 63 of 1911, Schedule; 8 of 1912, s. 34;
5 of 1924, Schedule; 69 of 19 70, s. 2 and 3 7 of 1984, s. 11)

32. (1) Copies of Acts, Ordinances and statutes passed by the
legislature of any Commonwealth Country, and of orders, regulations,
and other instruments issued or made under the authority of any such
Act, Ordinance, or statute, if purporting to be printed by the
Government printer, shall be admitted in evidence in any criminal or civil
proceedings on their production without any proof being given that the
copies were so printed. (Amended, 50 of 1911; 62 of 1911, Schedule; 8
of 1912, s. 34 and 69 of 1970, s. 3)

(2) A certificate purporting to be signed by the Chief Secretary and
stating that the provisions of any such Act, Ordinance or statute, or of
an order, regulation or other instrument issued or made under the
authority of any such Act, Ordinance or statute set out therein were in
force at the date specified in the certificate shall be admitted in evidence
in any criminal or civil proceedings on its production without further
proof, and

(a)until the contrary is proved, the court in which such certificate
is produced shall presume that it is so signed; and

(b)such certificate shall be prima facie evidence of all matters
contained therein.

(Added, 69 of 1970, s. 3)

(3) Any person who prints any copy or pretended copy of any
such Act, Ordinance, statute, order, regulation, or instrument which
falsely purports to have been printed by the Government printer, or
tenders in evidence any such copy or pretended copy which falsely
purports to have been so printed knowing that it was not so printed,
shall be liable to imprisonment for 12 months. (Amended, 30 of 1911, s.
4; 51 of 1911; 63 of 1911, Schedule and 5 of 1924, Schedule)

(4) In this section, 'Government printer- means. as respects any
Commonwealth Country, the printer purporting to be the printer
authorized to print the Acts, Ordinances. or statutes of the legislature
thereof, or otherwise to be the Government printer of that country.
(Amended, 50 qf 1911; 62 of 1911, Schedule and 8 of 1912, s. 34 and
69 qf 1970, s. 3)

(2 of 1908. ss. 2, 3 and 4 incorporated)





33. (1) All answers to interrogatories, disclaimers. examinations,
affidavits, and attestations of honour. and all other documents required
to be sworn in causes or matters depending in the High Court, and also
acknowledgements required for the purpose of enrolling any deed in the
said court, shall and may be sworn and taken in England, Scotland, or
Northern Ireland, or the Channel Islands, or in any other colony or place
under the dominion of Her Majesty before any court, judge, notary
public or person lawfully authorized to administer oaths in such country,
colony, or place respectively, or before any of Her Majesty's consular
officers in any place out of Her Majesty's dominions. (Amended,50 of
1911;sllol) 1911; 62 of 1911, Schedule and 63 of 1911, Schedule)

(2) The judges and officers of the High Court shall take judicial
notice of the seal or signature, as the case may be. of any such court,
judge, notary public. person, or consular officer attached, appended, or
subscribed to any such document as aforesaid. (Amended, 50 of 1911;
51 of 1911; 62 of 1911, Schedule and 63 of 1911, Schedule)

34. (1) Any document purporting to have affixed, impressed, or
subscribed thereon or thereto the seal and signature of any British
ambassador, envoy, minister, change d'affaires, secretary of embassy or
of legation, or consular officer in testimony of any such oath, affidavit,
or act having been administered, sworn, had, or done by or before him
under section 6 of the Commissioners for Oaths Acts 1889 and 1891
shall be admitted in evidence without proof of any such seal and
signature or of the official character of such person. (Amended, 9 of
1908, s. 2; 50 of 1911: 51 of 1911; 62 of 1911, Schedule and 63 of 1911,
Schedule)

(2) In this section, 'consular officer' includes every consulgeneral,
consul, vice-consul, pro-consul, consular agent, acting consul-general,
acting consul, acting vice-consul, and acting consular agent. (Added,
23 of 1915, s. 3)

35. In civil proceedings-

(a)the Gazette and any Government Gazette of any
Commonwealth Country may be proved by the production
thereof, (Amended, 50 of 1911; 62 of 1911, Schedule and 8 of
1912, s. 34 and 69 of 1970, s. 4)

(b)all proclamations, acts of state, whether legislative or
executive, nominations, appointments, and other official
communications of the Government appearing in any such
Gazette may be proved by its production; (Amended, 50 of
1911; 51 of 1911; 62 of 1911, Schedule and 63 of 1911.
Schedule)

(c)the court may, on matters of public history, literature, science,
or art, refer, for the purposes of evidence, to such published
books, maps, or charts as the court may consider to be of
authority on the subject to which they relate;





(d) (i) books printed or published under the authority of the
Government of a foreign country, and purporting to contain
the statutes, code, or other written law of such country, and
also printed and published books of reports of decisions of
the courts of such country, and books proved to be commonly
admitted in such courts as evidence of the law of such
country, shall be admissible as evidence of the law of such
foreign country; and

(ii) maps made under the authority of any Government or of
any public municipal body, and not made for the purpose of
any litigated question,

shall prima facie be deemed to be correct, and shall be admitted in
evidence without further proof. (Amended, 51 of 1911 and 63 of 1911,
Schedule)

36. Where any notice, order or other document is required by any
enactment to be published in the Gazette, or where any document
referred to in section 35(b) appears in the Gazette, a copy of the Gazette
in which it is so published or appears shall be prima facie evidence of
the facts stated in such notice, order or document. (31 of] 1911,s.37,
incorporated. Amended, 8 of 1912, s. 82;5 of 1924, Schedule and 1 of
1927, s. 3)

37. All documents whatsoever legally and properly filed or
recorded in any foreign court of justice or consulate according to the
law and practice of such court or consulate, and all copies of such
documents, shall be admissible in evidence in the courts of Hong Kong
on being proved in like manner as any documents filed or recorded in
any foreign court are provable under this or any other Ordinance; and
all documents whatsoever so filed or recorded in any foreign court or
consulate, and all copies of such documents, shall, when so proved and
admitted, be held authentic and effectual for all purposes of evidence as
the same would be held in such foreign court or consulate.

(Amended, 51 of 1911; 63 of 1911, Schedule and 37 of 1984, s. 11)

38. All courts, judges, magistrates, justices of the peace, officers of
the courts, commissioners acting judicially, and other judicial officers
shall take judicial notice of the signature of the judges, provided such
signature is attached or appended to any judgment, decree, order,
certificate, or other judicial or official document.

(Amended, 50 of 1911 and 62 of 1911, Schedule)

39. (1) A print, whether enlarged or not, purporting to be made from
a film of a public document and purporting to be certified to be a print
made from a film of a public document by the public officer or person
who has custody of the film shall be admitted in evidence in any
criminal or civil proceedings before any court on its production without
further proof.





(2) On the production of a print under subsection (1) the court
before which it is produced shall, until the contrary is proved,
presume-

(a)that a certificate purporting to be signed by the public
officer or person having custody of the film has been signed
by him; and

(b)that the print to which the certificate refers has been made
from a film of the public document.
(Added, 6 of 1973, s. 2)

40. (1) A print, whether enlarged or not, purporting to be
made from a film of a document in the possession of the Govern-
ment or an authorized person shall be admitted in evidence in any
civil proceedings before any court on its production, upon proof
that- (Amended, 37 of 1984, s. 8)

(a)while the document was in the custody or control of the
Government or authorized person the film was taken in
order to keep a permanent record thereof, and

(b) the document photographed-
(i) was subsequently destroyed, whether deliberately or
otherwise;
(ii) was so damaged as to be wholly or partly in-
decipherable;
(iii) was lost; or
(iv) had passed out of the custody or control of the
Government or authorized person.

(2) Proof---

(a)that a print is made from a film of a document in the
possession of the Government or an authorized person;
and

(b) of compliance with the conditions in subsection (1),

may be given in respect of any document or groups of documents by
a public officer, by an employee of an authorized person or by an
authorized person, orally or by a certificate purporting to be signed
by such public officer, employee or person.

(3) A certificate under subsection (2) shall be admitted in
evidence in any civil proceedings before any court on its production
without further proof. (Amended, 37 of 1984, s. 8)

(4) On the production of a certificate under subsection (3) the
court before which it is produced shall, until the contrary is proved,
presume-

(a)that the facts stated in the certificate relating to the print'
and the compliance with the conditions in subsection (1)
are true; and





(b)that the certificate purporting to be signed by a public officer,
an employee of an authorized person or an authorized person
has been signed by him.

(5) The Chief Secretary may, by order published in the Gazette,
declare any person or class of persons to be authorized persons for the
purposes of this section. (Amended, 15 of 1975, s. 4)

(Added, 6 of 1973, s. 2)

41. In sections 39 and 40, unless the context otherwise requires

,,authorized person' means

(a) a bank;

(b)a company authorized by any Ordinance to administer the
estates of deceased persons or trust estates, and

(e)any person declared by the Chief Secretary to be an
authorized person under section 40(5); (Amended, 15 of
1975,s.5)

'film' includes a photographic plate, microfilm and machine-copy;

'machine-copy' means a copy made of a document by any machine
whereby an image of the contents of the document is reproduced
from surface contact with the document or by the use of photo-
sensitive material other than transparent photographic film;

'photograph' and 'photographic copy' include a machine-copy;

'public document' means any document to which the public have a
right of access.

(Added. 6 of 1973, s. 2)

42. Subject as hereinafter in this Part provided. in any proceedings.
whether civil or criminal. an instrument to the validity of which
attestation is requisite may, instead of being proved by an attesting
witness, be proved in the manner in which it might be proved if no
attesting witness were alive:

Provided that nothing in this section shall apply to the proof of
wills or other testamentary documents.

(Added. 6 of 1939 s. 2)

43. In any proceedings, whether civil or criminal, there shall. in the
case of a document proved. or purporting. to be not less than 20 years
old. be made any presumption which immediately before 24 March 1939.
would have been made in the case of a document of like character
proved. or purporting, to be not less than 30 years old.

A Added, 6 of 1939, s. 2
)





44. The court may at any stage of any proceedings by order direct
that specified facts may be proved at the trial by affidavit with or
without the attendance of the deponent for cross-examination,
notwithstanding that a party desires his attendance for
crossexamination and that he can be produced for that purpose.

(Added, 6 of 1939. s. 2)

45. (1) In sections 42 to 44, unless the context otherwise requires,
'proceedings' includes arbitrations and references.

(2) Nothing in sections 42 to 44 shall prejudice the admissibility of
any evidence which would apart from the provisions of those sections
be admissible.

(Replaced, 25 of 1969, s. 5)

PART IV

HEARSAY EVIDENCE IN CIVIL PROCEEDINGS

46. In any civil proceedings a statement other than one made by a
person while giving oral evidence in those proceedings shall be
admissible as evidence of any fact stated therein to the extent that it is
so admissible by virtue of any provision of this or any other Ordinance
or by agreement of the parties, but not otherwise.

(Added, 25 of 1969, s. 6)

47. (1) In any civil proceedings a statement made, whether orally or
in a document or otherwise. by any person, whether called as a witness
in those proceedings or not, shall, subject to this section and to rules,
be admissible as evidence of any fact stated therein of which direct oral
evidence by him would be admissible.

(2) Where in any civil proceedings a party desiring to give a
statement in evidence by virtue of this section has called or intends to
call as a witness in the proceedings the person by whom the statement
was made, the statement

(a)shall not be given in evidence by virtue of this section on
behalf of that party without the leave of the court; and

the purposes of the following civil proceedings

(a)proceedings (other than proceedings in bankruptcy) in the High
Court and the District Court;

(b)proceedings before any tribunal, other than a court, to which the
strict rules of evidence apply;

(c)arbitrations and references to which the strict rules of evidence
apply;

(d)applications and appeals arising out of the proceedings mentioned
in paragraphs (a) to (c).





(b)without prejudice to paragraph (a), shall not be given in
evidence by virtue of this section on behalf of that party
before the conclusion of the examination-in-chief of the person
by whom it was made, except

(i) where before that person is called the court allows
evidence of the making of the statement to be given on behalf
of that party by some other person; or

(ii) in so far as the court allows the person by whom the
statement was made to narrate it in the course of his
examination-in-chief on the ground that to prevent him from
doing so would adversely affect the intelligibility of his
evidence.

(3) Where in any civil proceedings a statement which was made
otherwise than in a document is admissible by virtue of this section, no
evidence other than direct oral evidence by the person who made the
statement or any person who heard or otherwise perceived it being made
shall be admissible for the purpose of proving it:

Provided that if the statement in question was made by a person
while giving oral evidence in some other legal proceedings (whether
civil or criminal), it may be proved in any manner authorized by the
court.

(Added, 25 of 1969, s. 6)

48. (1) Where in any civil proceedings-

(a)a previous inconsistent or contradictory statement made by a
person called as a witness in those proceedings is proved by
virtue of section 12, 13 or 14; or

(b)a previous statement made by a person called as aforesaid is
proved for the purpose of rebutting a suggestion that his
evidence has been fabricated,

that statement shall by virtue of this subsection be admissible as
evidence of any fact stated therein of which direct oral evidence by him
would be admissible.

(2) Nothing in this Part or Part VI shall affect any of the rules of law
relating to the circumstances in which, where a person called as a
witness in any civil proceedings is cross-examined on a document used
by him to refresh his memory, that document may be made evidence in
those proceedings; and where a document or any part of a document is
received in evidence in any such proceedings by virtue of any such rule
of law, any statement made in that document or part by the person using
the document to refresh his memory shall by virtue of this subsection be
admissible as evidence of any fact stated therein of which direct oral
evidence by him would be admissible.

(Added, 25 of 1969, s. 6)






49. (1) Without prejudice to section 50, in any civil proceedings a
statement contained, in a document shall, subject to this section and to
rules, be admissible as evidence of any fact stated therein of which
direct oral evidence would be admissible, if the document is, or forms
part of, a record compiled by a person acting under a duty from
information which

(a)was supplied by a person (whether acting under a duty or not)
who had, or may reasonably be supposed to have had,
personal knowledge of the matters dealt with in that
information; and

(b)if not supplied by that person to the compiler of the record
directly, was supplied by him to the compiler of the record
indirectly through one or more intermediaries each acting under
a duty.

(2) Where in any civil proceedings a party desiring to give a
statement in evidence by virtue of this section has called or intends to
call as a witness in the proceedings the person who originally supplied
the in formation from which the record containing the statement was
compiled, the statement

(a)shall not be given in evidence by virtue of this section on
behalf of that party without the leave of the court; and

(b)without prejudice to paragraph (a), shall not without the leave
of the court be given in evidence by. virtue of this section on
behalf of that party before the conclusion of the examination-in-
chief of the person who originally supplied the said
information.

(3) Any reference in this section to a person acting under a duty
includes a reference to a person acting in the course of any trade,
business, profession or other occupation in which he is engaged or
employed or for the purposes of any paid or unpaid office held by him.

(Added, 25 of 1969, s. 6)

50. (1) In any civil proceedings a statement contained in a
document produced by a computer shall, subject to rules, be admissible
as evidence of any fact stated therein of which direct oral evidence
would be admissible, if it is shown that the conditions mentioned in
subsection (2) are satisfied in relation to the statement and computer in
question.

(2) The conditions referred to in subsection (1) are-

(a)that the document containing the statement was produced by
the computer during a period over which the computer was
used regularly to store or process information for the purposes
of any activities regularly carried on over that period, whether
for profit or not, by any person;

(b)that over that period there was regularly supplied to the
computer in the ordinary course of those activities





information of the kind contained in the statement or of the
kind from which the information so contained is derived;

(c)that throughout the material part of that period the computer
was operating properly or, if not, that any respect in which it
was not operating properly or was out of operation during
that part of that period was not such as to affect the
production of the document or the accuracy of its contents;
and

(d)that the information contained in the statement reproduces or
is derived from information supplied to the computer in the
ordinary course of those activities.

(3) Where over a period the function of storing or processing
information for the purposes of any activities regularly carried on over
that period as mentioned in subsection (2)(a) was regularly performed
by computers, whether

(a)by a combination of computers operating over that period; or

(b)by different computers operating in succession over that
period; or

(c)by different combinations of computers operating in
succession over that period; or

(d)in any other manner involving the successive operation over
that period in whatever order, of one or more computers and
one or more combinations of computers,

all the computers used for that purpose during that period shall be
treated for the purposes of this Part as constituting a single computer,
and references in this Part to a computer shall be construed accordingly.

(4) In any civil proceedings where it is desired to give a statement
in evidence by virtue of this section. a certificate doing any of the
following things, that is to say

(a)identifying the document containing the statement and
describing the manner in which it was produced;

(b)giving such particulars of any device involved in the
production of that document as may be appropriate for the
purpose of showing that the document was produced by a
computer;

(c)dealing with any of the matters to which the conditions
mentioned in subsection (2) relate.

and purporting to be signed by a person occupying a responsible
position in relation to the operation of the relevant device or the
management of the relevant activities (whichever is appropriate) shall be
evidence of any matter stated in the certificate. and for the purposes of
this subsection it shall be sufficient for a matter to be stated to the best
of the knowledge and belief of the person stating it.





(5) For the purposes of this Part-

(a)information shall be taken to be supplied to a computer if it is
supplied thereto in any, appropriate form and whether it is so
supplied directly or (with or without human intervention) by
means of any appropriate equipment:

(b)where. in the course of activities carried on by any person.
information is supplied with a view to its being stored or
processed for the purposes of those activities by, a computer
operated otherwise than in the course of those activities, that
information, if duly supplied to that computer, shall be taken to
be supplied to it in the course of those activities*,

(c)a document shall be taken to have been produced by a
computer whether it was produced by it directly, or (with or
without human intervention) by means of any appropriate
equipment.

(6) Subject to subsection (3), in this Part 'computer' means any
device for storing and processing information, and any reference to
information being derived from other information is a reference to its
being derived therefrom by calculation, comparison or any other
process.

(Added, 25 of 1969, s. 6)

51. (1) Where in any civil proceedings a statement contained in a
document is proposed to be given in evidence by virtue of section 47,
49 or 50 it may, subject to any rules. be proved by the production of that
document or (whether or not that document is still in existence) by the
production of a copy of that document. or of the material part thereof.
authenticated in such manner as the court may approve.

(2) For the purpose of deciding whether or not a statement is
admissible in evidence by virtue of section 47, 49 or 50, the court may
draw any reasonable inference from the circumstances in which the
statement was made or otherwise came into being or from any other
circumstances, including, in the case of a statement contained in a
document, the form and contents of that document.

(3) In estimating the weight, if any, to be attached to a statement
admissible in evidence by virtue of section 47, 48, 49 or 50 regard shall
be had to all the circumstances from which any inference can
reasonably be drawn as to the accuracy or otherwise of the statement
and, in particular

(a)in the case of a statement falling within section 47(1) or 48 (1)
or (2), to the question whether or not the statement was made
contemporaneously with the occurrence or existence of the
facts stated, and to the question whether or not the maker of
the statement had any incentive to conceal or misrepresent
the facts;





(b)in the case of a statement failing within section 49(1), to the
question whether or not the person who originally supplied the
information from which the. record containing the statement
was compiled did so contemporaneously with the occurrence
or existence of the facts dealt with in that information, and to
the question whether or not that person, or any person
concerned with compiling or keeping the record containing the
statement, had any incentive to conceal or misrepresent the
facts; and

(e)in the case of a statement falling within section 50(1), to the
question whether or not the information which the information
contained in the statement reproduces or is derived from was
supplied to the relevant computer, or recorded for the purpose
of being supplied thereto, contemporaneously with the
occurrence or existence of the facts dealt with in that
information, and to the question whether or not any person
concerned with the supply of information to that computer, or
with the operation of that computer or any equipment by means
of which the document containing the statement was produced
by it, had any incentive to conceal or misrepresent the facts.

(4) For the purpose of any enactment or rule of law or practice
requiring evidence to be corroborated or regulating the manner in which
uncorroborated evidence is to be treated

(a)a statement which is admissible in evidence by virtue of
section 47 or 48 shall not be capable of corroborating evidence
given by the maker of the statement; and

(b)a statement which is admissible in evidence by virtue of
section 49 shall not be capable of corroborating evidence given
by the person who originally supplied the information from
which the record containing the statement was compiled.

(5) If any person in a certificate tendered in evidence in civil
proceedings by virtue of section 50(4) wilfully makes a statement
material in those proceedings which he knows to be false or does not
believe to be true, he shall be guilty of an offence and shall be liable on
conviction to a fine of $5,000 and to imprisonment for 2 years.

(Added, 25 of 1969, s. 6)

52. (1) Subject to rules, where in any civil proceedings a statement
made by a person who is not called as a witness in those proceedings is
given in evidence by virtue of section 47

(a)any evidence which, if that person had been so called, would
be admissible for the purpose of destroying or supporting his
credibility as a witness shall be admissible for that purpose in
those proceedings; and

(b)evidence tending to prove that, whether before or after he
made that statement, that person made (whether orally





or in a document or otherwise) another statement inconsistent
therewith shall be admissible for the purpose of showing that
that person has contradicted himself..

Provided that nothing in this subsection shall enable evidence to
be given of any matter of which, if the person in question had been
called as a witness and had denied that matter in crossexamination,
evidence could not have been adduced by the crossexamining party.

(2) Subsection (1) shall apply in relation to a statement given in
evidence by virtue of section 49 as it applies in relation to a statement
given in evidence by virtue of section 47. except that references to the
person who made the statement and to his making the statement shall
be construed respectively as references to the person who originally
supplied the information from which the record containing the statement
was compiled and to his supplying that information.

(3) Section 48(1) shall apply to any statement proved by virtue of
subsection (1)(b) of this section as it applies to a previous inconsistent
or contradictory statement made by a person called as a witness, which
is proved as mentioned in section 48(1)(a).

(Added, 25 of 1969, s. 6)

53. [Repealed, 65 of 1980, s. 2]

54. (1) In any civil proceedings a statement which, if this Part had
not been enacted, would by virtue of any rule of law mentioned in
subsection (2) have been admissible as evidence of any fact stated
therein shall be admissible as evidence of that fact by virtue of this
subsection.

(2) The rules of law referred to in subsection (1) are the following,
that is to say any rule of law

(a)whereby in any civil proceedings an admission adverse to a
party to the proceedings, whether made by that party or by
another person, may be given in evidence against that party
for the purpose of proving any fact stated in the admission;

(b)whereby in any civil proceedings published works dealing with
matters of a public nature (for example, histories, scientific
works, dictionaries and maps) are admissible as evidence of
facts of a public nature stated therein;

(c)whereby in any civil proceedings public documents (for
example, public registers, and returns made under public
authority with respect to matters of public interest) are
admissible as evidence of facts stated therein; or

(d)whereby in any civil proceedings records (for example, the
records of certain courts, treaties, Crown grants, pardons and
commissions) are admissible as evidence of facts stated
therein.





In this subsection 'admission' includes any representation of facts,
whether made in words or otherwise.

(3) In any civil proceedings a statement which tends to establish
reputation or family tradition with respect to any matter and which, if
the Evidence (Amendment) Ordinance 1969 had not been enacted,
would have been admissible in evidence by virtue of any rule of law
mentioned in subsection (4)

(a)shall be admissible in evidence by virtue of this paragraph in
so far as it is not capable of being rendered admissible under
section 47 or 49; and

(b)if given in evidence under this Part (whether by virtue of
paragraph (a) or otherwise) shall by virtue of this paragraph be
admissible as evidence of the matter reputed or handed down;

and, without prejudice to paragraph (b), reputation shall for the
purposes of this Part be treated as a fact and not as a statement or
multiplicity of statements dealing with the matter reputed.

(4) The rules of law referred to in subsection (3) are the following,
that is to say any rule of law

(a)whereby in any civil proceedings evidence of a person's
reputation is admissible for the purpose of establishing his
good or bad character;

(b)whereby in any civil proceedings involving a question of
pedigree or in which the existence of a marriage is in issue
evidence of reputation or family tradition is admissible for the
purpose of proving or disproving pedigree or the existence of
the marriage, as the case may be; or

(c)whereby in any civil proceedings evidence of reputation is
admissible for the purpose of proving or disproving the
existence of any public or general right or of identifying any,
person or thing.

(5) In so far as any statement is admissible in any civil proceedings
by virtue of subsection (1) or (3)(a), it may be given in evidence in those
proceedings notwithstanding anything in sections 47 to 52 or in any
rules. (Amended, 65 of 1980, s. 3)

(6) The words in which any rule of law mentioned in subsection (2)
or (4) is there described are intended only to identify the rule in
question and shall not be construed as altering that rule in any way.

(Added, 25 of 1969, s. 6)

55. (1 ) In this Part, unless the context otherwise requires-

,.computer' has the meaning assigned by section 50,

'document'^ includes, in addition to a document in writing-

(a) any map. plan. graph or drawing:





(b) any photograph:

(c)any disc. tape. sound track or other device in which sounds or
other data (not being visual images) are embodied so as to be
capable (with or without the aid of some other equipment) of
being reproduced therefrom. and

(t~any film, tape or other device in which visual images are
embodied so as to be capable (as aforesaid) of being
reproduced therefrom,

-film- includes a microfilm.

,,rules' means the Rules of the Supreme Court made under section 54 of
the Supreme Court Ordinance; (Added, 65 of 1980, s.4)

statement includes any representation of fact, whether made in words
or otherwise.

(2) In this Part. any reference to a copy of a document includes

(a)in the case of a document falling within paragraph (c) but not
paragraph (d) of the definition of 'document' in subsection
(1), a transcript of the sounds or other data embodied therein;

(b)in the case of a document falling within paragraph (d) but not
paragraph (c) of that definition, a reproduction or still
reproduction of the image or images embodied therein. whether
enlarged or not;

(c)in the case of a document failing within both those paragraphs,
such a transcript together with such a still reproduction;

(d)in the case of a document not falling within the said paragraph
(d) of which a visual image is embodied in a document falling
within that paragraph, a reproduction of that image, whether
enlarged or not,

and any reference to a copy of the material part of a document shall be
construed accordingly.

(3) For the purposes of the application of this Part in relation to any
such civil proceedings as are mentioned in section 68(1)(a) and (b), any
rules made under section 54 of the Supreme Court Ordinance or Part VI
shall (except in so far as their operation is excluded by agreement)
apply, subject to such modifications as may be appropriate, in like
manner as they apply in relation to civil proceedings in the High Court.
(Amended, 65 of 1980, s. 4)

(4) If any question arises as to what are, for the purposes of any
such civil proceedings as are mentioned in section 68(1)(a) and (b), the
appropriate modifications of any such rule as is mentioned in
subsection (3), that question shall, in default of agreement, be
determined by the tribunal or the arbitrator or umpire, as the case may
be.

(Added, 25 of 1969, s. 6)





PART V

EVIDENCE OF OPINION AND EXPERT EVIDENCE

56. (1) Subject to the provisions of this section, Part IV, with the
exception of section 50, shall apply in relation to statements of opinion
as it applies in relation to statements of fact, subject to the necessary
modifications and in particular the modification that any reference to a
fact stated in a statement shall be construed as a reference to a matter
dealt with therein.

(2) Section 49, as applied by subsection (1) of this section, shall not
render admissible in any civil proceedings a statement of opinion
contained in a record unless that statement would be admissible in those
proceedings if made in the course of giving oral evidence by the person
who originally supplied the information from which the record was
compiled; but where a statement of opinion contained in a record deals
with a matter on which the person who originally supplied the
information from which the record was compiled is (or would if living be)
qualified to give oral expert evidence, the said section 49, as applied by
subsection (1) of this section, shall have effect in relation to that
statement as if so much of subsection (1) of that section as requires
personal knowledge on the part of that person were omitted.

(49 of 1973, s. 2
incorporated)

57. (1) If and so far as rules so provide, section 47(2) shall not
apply to statements (whether of fact or opinion) contained in expert
reports.

(2)-(6) [Deleted, 65 of 1980, s. 51

(7) References in this section to an expert report are references to a
written report by a person dealing wholly or mainly with matters on
which he is (or would if living be) qualified to give expert evidence.

(8) [Deleted, 65 of 1980, s. 5]

(49 of 1973, s. 3
incorporated)

58. (1) Subject to any rules, where a person is called as a witness in
any civil proceedings, his opinion on any relevant matter on which he is
qualified to give expert evidence shall be admissible in evidence.
(Amended, 65 of 1980, s. 6)

(2) Where a person is called as a witness in any civil proceedings a
statement of opinion by him on any relevant matter on which he is not
qualified to give expert evidence, if made as a way of conveying relevant
facts personally perceived by him, is admissible as evidence of what he
perceived.

came into operation on 1 July 1979 for the purposes of any civil
proceedings (other than proceedings in bankruptcy).





(3) In this section, 'relevant matter' includes an issue in the
proceedings in question.

(49 of 1973, s. 4 incorporated)

59. (1) A person who is suitably qualified to do so on account of
his knowledge or experience is competent to give, in civil proceedings,
expert evidence as to the law of any country or territory outside Hong
Kong, irrespective of whether he has acted or is entitled to act as a legal
practitioner there.

(2) Where any question as to the law of any country or territory
outside Hong Kong with respect to any matter has been determined
(whether before or after the commencement of this Part) in any such
proceedings as are mentioned in subsection (4), then in any civil
proceedings (not being proceedings before a court which can take
judicial notice of the law of that country or territory with respect to that
matter)

(a)any finding made or decision given on that question in the first-
mentioned proceedings shall, if reported or recorded in citable
form, be admissible in evidence for the purpose of proving the
law of that country or territory with respect to that matter; and

(b)if that finding or decision, as so reported or recorded, is
adduced for that purpose, the law of that country or territory
with respect to that matter shall be taken to be in accordance
with that finding or decision unless the contrary is proved:

Provided that paragraph (b) shall not apply in the case of a finding
or decision which conflicts with another finding or decision on the same
question adduced by virtue of this subsection in the same proceedings.

(3) Except with the leave of the court, a party to any civil
proceedings shall not be permitted to adduce any such finding or
decision as is mentioned in subsection (2) by virtue of that subsection
unless he has in accordance with rules given to every other party to the
proceedings notice that he intends to do so.

(4) The proceedings referred to in subsection (2) are the following,
whether civil or criminal, namely

(a)proceedings at first instance in the High Court or in the
Supreme Court of England as constituted by section 1 of the
Courts Act 1971;

(b)appeals arising out of proceedings as are mentioned in
paragraph (a);

(c)proceedings before the Judicial Committee of the Privy Council
on appeal (whether to Her Majesty in Council or

Note: Section 59(2) to (5) (formerly section 5(2) to (5) of the Civil Evidence
Ordinance 1973) came into operation on 1 July 1979 for the purposes
of any civil proceedings (other than proceedings in bankruptcy).





to the Judicial Committee as such) from any decision of any
court of Hong Kong or of any other country or territory.

(5) For the purposes of this section a finding or decision on any
such question as is mentioned in subsection (2) shall be taken to be
reported or recorded in citable form if, but only if, it is reported or
recorded in writing in a report, transcript or other document which, if
that question had been a question as to the law of Hong Kong, could be
cited as an authority in legal proceedings in Hong Kong.

(49 of 1973, s, 5 incorporated. Amended, 37 of 1984, s. 11)

60. (1) In this Part, unless the context otherwise requires, 'civil
proceedings' includes, in addition to civil proceedings in any court

(a)civil proceedings before any tribunal, being proceedings in
relation to which the strict rules of evidence apply; and

(b)an arbitration or reference, whether under an enactment or not,

but does not include civil proceedings in relation to which the strict
rules of evidence do not apply.

(2) In this Part, unless the context otherwise requires-

'court' does not include a court-martial, and, in relation to an
arbitration or reference, means the arbitrator or umpire and, in
relation to proceedings before a tribunal (not being a court), means
the tribunal;

'legal proceedings' includes an arbitration or reference, whether
under an enactment or not; (Amended, 65 of 1980, s. 7)

'rules' means the Rules of the Supreme Court made under section 54 of
the Supreme Court Ordinance. (Added, 65 of 1980, s. 7)

(3) For the purposes of the application of sections 57 and 59 in
relation to any such civil proceedings as are mentioned in subsection
(1)(a) or (b), any rules made under section 54 of the Supreme Court
Ordinance shall (except in so far as their operation is excluded by
agreement) apply, subject to such modifications as may be appropriate,
in like manner as they apply in relation to civil proceedings in the High
Court. (Amended, 65 of 1980. s. 7)

(4) If any question arises as to what are. for the purposes of any
such civil proceedings as are mentioned in subsection (])(a) or (b), the
appropriate modifications of any such rule as is mentioned in
subsection (3), that question shall. in default of agreement, be
determined by the tribunal or the arbitration or umpire, as the case may
be.

(5) Nothing in this Part shall prejudice-

(a)any power of a court, in any civil proceedings. to exclude
evidence (whether by preventing questions from being put or
otherwise) at its discretion.





(b)the operation of any agreement (whenever made) between the
parties to any civil proceedings as to the evidence which is to
be admissible (whether generally or for any particular
purpose) in those proceedings.

I-

(49 of 1973, s. 6

61. [Repealed, 6-5 of 1980, s. 81

PART VI

CONVICTIONS AND PRIVILEGE

Con Convictions, etc. as evidence in civil proceedings

62. (1) In any civil proceedings the fact that a person has been
convicted of an offence by or before any court in Hong Kong shall,
subject to subsection (3), be admissible in evidence for the purpose of
proving, where to do so is relevant to any issue in those proceedings,
that he committed that offence, whether he was so convicted upon a
plea of guilty or otherwise and whether or not he is a party to the civil
proceedings; but no conviction other than a subsisting one shall be
admissible in evidence by virtue of this section. (Amended, 37 of 1984, s.
11)

(2) In any civil proceedings in which by virtue of this section a
person is proved to have been convicted of an offence by or before any
court in Hong Kong- Amended 37 qf 1984. S. 11)

(a)he shall be taken to have committed that offence, unless the
contrary is proved; and

(b)without prejudice to the reception of any other admissible
evidence for the purpose of identifying the facts on which the
conviction was based, the contents of any document which is
admissible as evidence of the conviction, and the contents of
the information, complaint, indictment or charge on which the
person in question was convicted, shall be admissible in
evidence for that purpose.

(3) Nothing in this section shall prejudice the operation of section
64 or any other enactment whereby a conviction or a finding of fact in
any criminal proceedings is for the purposes of any other proceedings
made conclusive evidence of any fact.

(4) Where in any civil proceedings the contents of any document
are admissible in evidence by virtue of subsection (2), a copy of that
document, or of the material part thereof, purporting to be certified or
otherwise authenticated by or on behalf of the court or authority having
custody of that document shall be admissible in evidence and shall be
taken to be a true copy of that document or part unless the contrary is
shown.





(5) Nothing in section 8 of the Probation of Offenders Ordi-
nance (under which a conviction leading to probation or discharge is
to be disregarded except as therein mentioned) shall affect the
operation of this section.
(Added, 25 of 1969, s. 7)

63. (1) In any civil proceedings the fact that a person has been
found guilty of adultery in any matrimonial proceedings shall,
subject to subsection (3), be admissible in evidence for the purpose
of proving, where to do so is relevant to any issue in those civil
proceedings, that he committed the adultery to which the finding
relates, whether or not he offered any defence to the allegation of
adultery and whether or not he is a party to the civil proceedings;
but no finding other than a subsisting one shall be admissible in
evidence by virtue of this section.

(2) In any civil proceedings in which by virtue of this section a
person is proved to have been found guilty of adultery as mentioned
in subsection (1~-

(a)he shall be taken to have committed the adultery to which
the finding relates, unless the contrary is proved; and

(b)without prejudice to the reception of any other admissible
evidence for the purpose of identifying the facts on which
the finding was based, the contents of any document which
was before the court, or which contains any pronounce-
ment of the court, in the matrimonial proceedings in
question shall be admissible in evidence for that purpose.

(3) Nothing in this section shall prejudice the operation of any
enactment whereby a finding of fact in any matrimonial proceedings
is for the purposes of any other proceedings made conclusive
evidence of any fact.

(4) Section 62(4) shall apply for the purposes of this section as
if the reference to subsection (2) were a reference to subsection (2) of
this section.

(5) In this section 'matrimonial proceedings' means any
matrimonial cause in the Supreme Court or any appeal arising out
of any such cause.
(Added, 25 of 1969, s. 7)

64. (1) In an action for libel or slander in which the question
whether a person did or did not commit a criminal offence is
relevant to an issue arising in the action, proof that, at the time
when that issue falls to be determined, that person stands convicted
of that offence shall be conclusive evidence that he committed that
offence; and his conviction thereof shall be admissible in evidence
accordingly.

(2) In any such action in which by virtue of this section a
person is proved to have been convicted of an offence, the contents
of any document which is admissible as evidence of the conviction,





and the contents of the information, complaint. indictment or charge on
which that person was convicted, shall, without prejudice to the
reception of any other admissible evidence for the purpose of
identifying the facts on which the conviction was based, be admissible
in evidence for the purpose of identifying those facts.

(3) For the purposes of this section a person shall be taken to
stand convicted of an offence If but only if there subsists against him a
conviction of that offence by or before any court in Hong Kong.
(Amended, 37 of 1984, s. 11)

(4) Section 62(4) and (5) shall apply for the purposes of this section
as they apply for the purposes of that section. but as if in the said
subsection (4) the reference to subsection (2) were a reference to
subsection (2) of this section.

(5) Subsections (1). (2), (3) and (4) shall apply for the purposes of
any action begun after the commencement* of the Evidence
(Amendment) Ordinance 1969, whenever the cause of action arose, but
shall not apply for the purposes of any action begun before the
commencement of that Ordinance or any appeal or other proceedings
arising out of any such action.

(Added, 25 of 1969, s. 7)

Privilege

65. (1) The right of a person in any legal proceedings other than
criminal proceedings to refuse to answer any question or produce any
document or thing if to do so would tend to expose that person to
proceedings for an offence or for the recovery of a penalty

(a)shall apply only as regards criminal offences under the law of
Hong Kong and penalties provided for by such law; and

(b)shall include a like right to refuse to answer any question or
produce any document or thing if to do so would tend to
expose the husband or wife of that person to proceedings for
any such criminal offence or for the recovery of any such
penalty.

(2) In so far as any existing enactment conferring (in whatever
words) powers of inspection or investigation confers on a person (in
whatever words) any right otherwise than in criminal proceedings to
refuse to answer any question or give any evidence tending to
incriminate that person, subsection (1) shall apply to that right as it
applies to the right described in that subsection; and every such
existing enactment shall be construed accordingly.

(3) In so far as any existing enactment provides (in whatever
words) that in any proceedings other than criminal proceedings a
person shall not be excused from answering any question or giving any
evidence on the ground that to do so may incriminate that person, that
enactment shall be construed as providing also that in





such proceedings a person shall not be excused from answering any
question or giving any evidence on the ground that to do so may
incriminate the husband or wife of that person.

(4) Where any existing enactment (however worded) that-

(a) confers powers of inspection or investigation; or

(b) provides as mentioned in subsection (3),

further provides (in whatever words) that any answer or evidence given
by a person shall not be admissible in evidence against that person in
any proceedings or class of proceedings (however described, and
whether criminal or not), that enactment shall be construed as providing
also that any answer or evidence given by that person shall not be
admissible in evidence against the husband or wife of that person in the
proceedings or class of proceedings in question.

(5) In this section 'existing enactment- means any enactment made
before the commencement* of the Evidence (Amendment) Ordinance
1969; and the references to giving evidence are references to giving
evidence in any manner, whether by furnishing information, making
discovery, producing documents or otherwise.

(Added, 25 of 1969, s. 7)

66. (1) The following rules of law are abrogated except in relation to
criminal proceedings., that is to say

(a)the rule whereby, in any legal proceedings, a person cannot
be compelled to answer any question or produce any
document or thing if to do so would tend to expose him to a
forfeiture; and

(b)the rule whereby, in any legal proceedings, a person other
than a party to the proceedings cannot be compelled to
produce any deed or other document relating to his title to
any land.

(2) The rule of law whereby. in any, civil proceedings, a party to
the proceedings cannot be compelled to produce any document relating
solely to his own case and in no way tending to impeach that case or
support the case of any opposing party is abrogated.

(3) A witness in any proceedings instituted in consequence of
adultery, whether a party to the proceedings or not. shall not be excused
from answering any question by reason that it tends to show that he or
she has been guilty of adultery.

(Added, 25 of 1969, s. 7)

67. (1) Any existing enactment. however framed or worded. which in
relation to any tribunal. investigation or inquiry (however described)
confers on persons required to answer questions or give evidence any
privilege described by reference to the privileges of witnesses in
proceedings before any court shall, unless the contrary intention
appears, be construed as referring to the privileges of witnesses in civil
proceedings before that court.





(2) [Deleted, -7 of 1977, s. 21

(3) Section 65(5) shall apply for the purposes of this section as it
applies for the purposes of that section.

(Added, 25 of 1969, s. 7)

General

68. (1) In Part IV and this Part, unless the context otherwise
requires, 'civil proceedings- includes, in addition to civil proceedings in
any court

(a)civil proceedings before any other tribunal, being
proceedings in relation to which the strict rules of evidence
apply; and

(b)an arbitration or reference, whether under an enactment or
not,

but does not include civil proceedings in relation to which the strict
rules of evidence do not apply.

(2) In Part IV and this Part, unless the context otherwise requires

'court' does not include a court-martial, and, in relation to an
arbitration or reference, means the arbitrator or umpire and, in
relation to proceedings before a tribunal (not being a court), means
the tribunal;

legal proceedings' includes an arbitration or reference, whether under
an enactment or not.

(3) For the avoidance of doubt it is declared that in Part IV and this
Part, and in any amendment made by the Evidence (Amendment)
Ordinance 1969 to any other enactment, references to a person's
husband or wife do not include references to a person who is no longer
married to that person.

(4) Nothing in Part IV or this Part shall prejudice the operation of
any enactment which provides (in whatever words) that any answer or
evidence given by a person in specified circumstances shall not be
admissible in evidence against him or some other person in any
proceedings or class of proceedings (however described).

In this subsection the reference to giving evidence is a reference
to giving evidence in any manner, whether by furnishing information,
making discovery, producing documents or otherwise.

(5) Nothing in Part IV or this Part shall prejudice-

(a)any power of a court, in any legal proceedings, to exclude
evidence (whether by preventing questions from being put or
otherwise) at its discretion; or

(b)the operation of any agreement (whenever made) between the
parties to any legal proceedings as to the evidence which is
to be admissible (whether generally or for any particular
purpose) in those proceedings.





(6) Where, by reason of any defect of speech or hearing from
which he is suffering, a person called as a witness in any legal
proceedings gives his evidence in writing or by signs, that evidence is
to be treated for the purposes of Part IV or this Part as being given
orally.

(Added, 25 of 1969, s. 7)

69. The Chief Justice shall or may make rules with regard to any
matter in respect of which rules shall or may be made under this Part.

(Added, 25 of 1969, s. 7. Amended, 65 of 1980, s. 9)

PART VII

DEPOSITIONS

70. Whenever it is proved by the oath of any credible witness, or in
any other manner whatsoever it appears, to the satisfaction of the High
Court, that the Attorney General, or other person conducting a
prosecution on behalf of the Crown, is unable to produce at the trial any
person as a witness, in consequence of the death of such person, or of
his absence from Hong Kong. or of the impracticability of serving
process on him, or of his being so ill as not to be able to travel, or of his
being insane, or of his being kept out of the way by means of the
procurement of the person accused, or of his being resident in a country
the laws of which prohibit his absenting himself therefrom, or which he
refuses to quit after application made to him in that behalf or because he
cannot be found at his last-known place of residence in Hong Kong;
and if it also appears from the certificate of the magistrate or other
officer hereinafter mentioned that such person was examined before a
magistrate, or other officer to whom the cognizance of the offence
appertained, and that the usual oath was administered to him prior to his
examination, and that the examination was taken in the presence of the
person accused. and that he. or his counsel or solicitor, had a full
opportunity of cross-examining such person, and that the evidence so
taken was reduced into writing and read over to and signed by him and
also by the magistrate or other officer as aforesaid, so much of the
evidence as would have been admissible, if the said person had been
produced and examined before the said court in the ordinary manner,
shall be read and received in evidence.

(Amended, 50 of 1911;51 of 1911: 62 of 1911, Schedule; 63 qf
1911, Schedule; 20 of 1922, s. 2 and 3 7 of 1984, s. 11 )

71. The production from the custody of the proper officer of the
certificate referred to in section 70 shall be sufficient proof of the
signature of such magistrate or other officer aforesaid. unless It is
proved that such examination was not taken in manner aforesaid or was
not in fact signed by the person examined or by the magistrate or officer
aforesaid purporting to sign the same.

(Amended, 51 of 1911 and 63 of 191 1. Schedule





72. No objection to the reception in evidence of the examination of
any person shall be permitted to prevail on the ground that the
particular examination of such person was not signed by the magistrate
or other officer as aforesaid, if it appears, in manner aforesaid, that the
depositions wherein such examination was included were so signed.

(A mended, 50 of 1911 97 1 and 62 1, Schedule)

73. (1) Whereas it may happen that a person, who is dangerously
ill, and unable to travel. may be able to give material and important
information relating to an indictable offence or to a person accused
thereof, and it is desirable, in the interest of truth and justice, that means
should be provided for perpetuating such testimony and for rendering
the same available in cases of necessity- (Amended, 8 of 1912, s. 34 and
5 of 1924, Schedule,)

Whenever it is made to appear, to the satisfaction of any magistrate
or justice of the peace, that any person who is dangerously ill and
unable to travel, is able and willing to give material information relating
to an indictable offence or to a person accused thereof, it shall be lawful
for the said magistrate or any justice of the peace to take in writing his
statement upon oath, and such magistrate or justice shall thereupon
subscribe the same, and shall add thereto by way of caption a statement
of his reason for taking the same, and of the day and place when and
where the same was taken, and of the names of the persons, if any,
assisting at the taking thereof, and, if the same relates to any offence for
which any accused person is already committed or bailed to appear for
trial, shall transmit the same with the said addition to the Registrar of the
Supreme Court, and in all other cases to the magistrates' clerk, who are
respectively required to preserve the same and file it for record; and if
afterwards, on the trial of any offender or offence to which the same may
relate, the person who made the said statement is proved to be dead, or if
it proved that there is no reasonable probability that such person will be
able to attend and give evidence at the trial, it shall be lawful to read
such statement in evidence, either for or against the person accused,
without further proof thereof, if the same purports to be signed by the
magistrate or justice by or before whom it purports to be taken, and
provided it is proved, to the satisfaction of the court, that reasonable
notice of the intention to take such statement has been given to the
person (whether prosecutor, or person accused) against whom it is
proposed to be read in evidence, and that such person, or his counsel or
solicitor. had or might have had, if he had chosen to be present, full
opportunity of cross-examining the person who made the same.
(Amended, 51 of 1911; 63 of 1911, Schedule; 8 of 1912, s. 34; 23 of
1915, s. 4; 20 of 1922, s. 3 and 27 of 193 7, Schedule)

(2) No such statement shall be rejected on the ground of any
failure to comply with any of the provisions of subsection (1) with
regard to the notice or the caption unless the court is of opinion that
the person accused was substantially prejudiced by such failure.
(Added, 20 of 1922, s. 3)





PART VIII

EVIDENCE FOR PROCEEDINGS IN OTHER JURISDICTIONS

74. In this Part, unless the context otherwise requires-

,,civil proceedings', in relation to the requesting court, means
proceedings in any civil or commercial matter;

'requesting court' has the meaning given in section 75;

'request' includes any commission, order or other process issued by or
on behalf of the requesting court.

Evidence for civil proceedings

75. Where an application is made to the High Court for an order for
evidence to be obtained in Hong Kong and the court is satisfied

(a)that the application is made in pursuance of a request issued
by or on behalf of a court or tribunal ('the requesting court')
exercising jurisdiction in a country or territory outside Hong
Kong; and

(b)that the evidence to which the application relates is to be
obtained for the purposes of civil proceedings which either
have been instituted before the requesting court or whose
institution before that court is contemplated,

the High Court shall have the powers conferred on it by this Part.

76. (1) Subject to this section, the High Court shall have power, on
any such application as is mentioned in section 75, by order to make
such provision for obtaining evidence in Hong Kong as may appear to
the court to be appropriate for the purpose of giving effect to the
request in pursuance of which the application is made; and any such
order may require a person specified therein to take such steps as the
court considers appropriate for that purpose.

(2) Without prejudice to the generality of subsection (1) but
subject to this section, an order under this section may, in particular,
make provision

(a) for the examination of witnesses, either orally or in writing.,

(b) for the production of documents;

(c)for the inspection, photographing, preservation, custody or
detention of any property;

(d)for the taking of samples of any property and the carrying out
of any experiments on or with any property;

(e) for the medical examination of any person.





(3) An order under this section shall not require any particular
steps to be taken unless they are steps which can be required to be
taken by way of obtaining evidence for the purposes of civil
proceedings in the court making the order (whether or not proceedings
of the same description as those to which the application for the order
relates): but this subsection shall not preclude the making of an order
requiring a person to give testimony (either orally or in writing)
otherwise than on oath where this is asked for by the requesting court.

(4) An order under this section shall not require a person-

(a)to state what documents relevant to the proceedings to which
the application for the order relates are or have been in his
possession, custody or power.. or

(b)to produce any documents other than particular documents
specified in the order as being documents appearing to the
court making the order to be. or to be likely to be, in his
possession, custody or power.

(5) A person who, by virtue of an order under this section. is
required to attend at any place shall be entitled to the like conduct
money and payment for expenses and loss of time as on attendance as a
witness in civil proceedings before the High Court.

77. (1) A person shall not be compelled by virtue of an order under
section 76 to give any evidence which he could riot be compelled to
give

(a) in civil proceedings in Hong Kong; or

(b)subject to subsection (2), in civil proceedings in the country
or territory in which the requesting court exercises jurisdiction.

(2) Subsection (1)(b) shall not apply unless the claim of the person
in question to be exempt from giving the evidence is either

(a)supported by a statement contained in the request (whether it
is so supported unconditionally or subject to conditions that
are fulfilled); or

(b) conceded by the applicant for the order;

and where such a claim made by any person is not supported or
conceded as aforesaid he may (subject to the other provisions of this
section) be required to give the evidence to which the claim relates but
that evidence shall not be transmitted to the requesting court if that
court, on the matter being referred to it, upholds the claim.

(3) Without prejudice to subsection (1), a person shall not be
compelled by virtue of an order under section 76 to give any evidence if
his doing so would be prejudicial to the security of the United
Kingdom, Hong Kong, or any other territory for which the United
Kingdom is responsible under international law; and a





certificate signed by or on behalf of the Chief Secretary to the effect that
it would be so prejudicial for that person to do so shall be conclusive
evidence of that fact. (Amended, 30 of 1978, s. 2)

(4) In this section references to giving evidence include references
to answering any question and to producing any document and the
reference in subsection (2) to the transmission of evidence given by a
person shall be construed accordingly.

77A. For the purposes of this Part, a reference in a subpoena to
attendance at a trial shall be construed as if it included a reference to
attendance before an examiner or commissioner appointed by the court
or ajudge thereof in any cause or matter in that court.

Evidence for criminal proceedings

77B. (1) The provisions of sections 75, 76 and 77 shall have effect
in relation to the obtaining of evidence for the purposes of criminal
proceedings as they have effect in relation to the obtaining of evidence
for the purposes of civil proceedings except that

(a)section 75(b) shall apply only to proceedings which have
been instituted or whose institution is likely if the evidence is
obtained; and (Amended, 37 of 1984, s. 9)

(b)no order under section 76 shall make provision otherwise
than for the examination of witnesses, either orally or in
writing, or for the production of documents.

(2) In its application by virtue of subsection (1), section 77(1)(a)
and (b) shall have effect as if for the words 'civil proceedings' there
were substituted the words 'criminal proceedings'.

(3) Nothing in this section applies in the case of criminal
proceedings of a political character.

Supplementary

77C. The power to make rules of court under section 54 of the
Supreme Court Ordinance shall include power to make rules of court

(a)as to the manner in which any such application as is
mentioned in section 75 is to be made..

(b)subject to this Part, as to the circumstances in which an order
can be made under section 76, and

(e)as to the manner in which any such reference as is mentioned
in section 77(2) is to be made,

and any such rules may include such incidental. supplementary and
consequential provision as the authority making the rules may consider
necessary, or expedient.





77D. Nothing in this Part shall be construed as enabling any court
to make an order that is binding on the Crown or on any person in his
capacity as an officer or servant of the Crown.

(Part VIII replaced, 2 of 19 77, s. 3 )

PART VIII A

OBTAINING OF EVIDENCE IN OTHER
JURISDICTIONS
FOR USE IN CRIMINAL PROCEEDINGS IN HONG
KONG

77E. (1) Where it appears to the High Court that any criminal
proceedings

(a) have been instituted in Hong Kong. or

(b)are likely to be instituted in Hong Kong if evidence is
obtained for the purposes of those criminal proceedings by
virtue of an order made under this section,

the High Court may order that a letter of request shall be issued and
transmitted in such manner as the High Court may direct to a court or
tribunal specified in the order and exercising jurisdiction in a place
outside Hong Kong, requesting such court or tribunal to assist in
obtaining evidence for the purposes of those criminal proceedings.

(2) An order under this section shall specify the evidence to be
obtained and, in the case of evidence to be obtained

(a)by the examination of any person as a witness, the name and
particulars of such person or such other particulars by
reference to his office or employment as may be sufficient to
ascertain his identity; or

(b)by the production of any document or thing, the nature of
such document or thing or a description thereof.

(3) An application to the High Court for an order under this section
may be made ex parte supported by affidavit

(a)in respect of criminal proceedings referred to in subsection
(1)(a), by the Attorney General or any person charged with an
offence to which such criminal proceedings relate; or

(b)in respect of criminal proceedings referred to in subsection
(1)(b), by the Attorney General.

(4) A letter of request ordered to be issued by the High Court under
this section shall be issued by the Registrar of the Supreme Court (in
this Part referred to as 'the Registrar') under the seal of the Supreme
Court in such form as may be prescribed by rules of court, or if no such
form is prescribed in such form as the High Court may direct.

(5) The power to make rules of court under section 54 of the
Supreme Court Ordinance shall include power to make rules of court
with respect to this section (including the procedure to be followed) and
for supplementing its provisions.





77F. (1) Subject to this section and section 77G, any deposition,
together with any document or thing exhibited or annexed thereto,
which is received by the Registrar pursuant to a letter of request issued
by him under section 77E in respect of any criminal proceedings, shall
on its production without further proof be admitted in those criminal
proceedings as prima facie evidence of any fact stated in the deposition
and in the document (if any) exhibited or annexed thereto if

(a)it is agreed by or on behalf of the prosecution and every
person charged with an offence to which that fact relates that
such deposition together with any such document or thing
exhibited or annexed thereto may be tendered in evidence; or

(b)in the case of a deposition having exhibited or annexed
thereto any document of a kind referred to in subsection (2)
but no other document, the conditions mentioned in that
subsection in relation to a document of that kind are satisfied;
or

(c)in the case of a deposition having exhibited or annexed
thereto any combination of documents consisting of any
document of a kind referred to in subsection (2) and any other
document

(i) in respect of such first-mentioned document, the
conditions mentioned in that subsection in relation to a
document of that kind are satisfied; and

(ii) in respect of such other document, the court is satisfied
that that document is the original thereof and that, having
regard to the matters referred to in paragraph (d)(i), (ii) and (iii).
no unfairness is likely to occur in those criminal proceedings
consequent upon the deposition and that document being
admitted in evidence under this section: or

(d)in the case of any other deposition. the court is satisfied that
any document (if any) exhibited or annexed thereto is the
original thereof and that. having regard to the following matter!

(i) whether it is reasonably practicable to secure the
attendance of the deponent. taking into account for that
purpose his bodily or mental condition or the delay or
expense likely to he caused in securing his attendance;

(11) whether the deponent was cross-examined before such
court or tribunal and

(iii) any other matter which, in the circumstances. appears
to the court to he relevant.

no unfairness is likely to occur in those criminal proceedings
consequent upon the deposition and any document (if any)
exhibited or annexed thereto being admitted in evidence under
this section.





(2) The conditions referred to in subsection (1)(b) and (e)(i)

are

(a)in relation to a document ('the foreign document') which falls
within subsection (2)(a) of section 19A, that the deposition
having the foreign document exhibited or annexed thereto

(i) shall have been made by a person having custody or
control of any record, book or document from which the
foreign document is derived;

(ii) shall contain an explanation of the nature and contents
of the foreign document; and

(iii) without prejudice to any other matter contained or
referred to therein, shall contain such averments of fact
relating to the foreign document as are sufficient to show
whether it falls within subsection (2)(a)(i) or (ii) of that
section;

(b)in relation to a document which is a record, or a copy of any
entry or matter recorded in a record, used in the ordinary
business of a body formed or established outside Hong Kong
and carrying on the business of banking outside Hong Kong,
that the deposition having that document exhibited or
annexed thereto

(i) shall have been made by an officer of such body

(ii) shall contain an explanation of the
nature and
contents of that document; and

(iii) without prejudice to any other matter contained or
referred to therein, shall contain such averments of fact
relating to that document as would, if the document were a
copy of an entry or matter recorded in a banker's record and
tendered in evidence under section 20, be sufficient to prove
in respect thereof the matters required to be proved under that
section in respect of a copy of any such entry or matter;

(c)in relation to a document which is or forms part of a record
falling within subsection (1)(b) of section 22 or is a copy of
such a document, that

(i) the deposition having that document exhibited or
annexed thereto

(A)shall have been made by a person having custody
or control of such record; and

(B)shall contain an explanation of the nature and
contents of that document; and

(C)without prejudice to any other matter contained or
referred to therein, shall contain or be supported by
such evidence, whether by averments of fact
contained therein or otherwise, relating to that
document as would, if the document were a
statement tendered in evidence under that





section, be sufficient to prove that nothing in
subsection (2) or (3) of that section prevented its
being admitted in evidence thereunder; and

(ii) it is shown (whether by averments of fact contained in
the deposition or otherwise) that any of the circumstances
referred to in subsection (1)(c) of that section, except in sub-
paragraph (ii) thereof, affect the person who supplied the
information from which such record was compiled;

(d)in relation to a document or a copy of a document produced
by any device which is a computer within the meaning of
section 22A, that the deposition having that document
exhibited or annexed thereto

(i) shall have been made by a person who, at any time
during the period over which the computer was used to store,
process or retrieve information for the purposes of any
activities ('the relevant activities') carried on over that period,
occupied a responsible position in relation to the operation of
the computer or the management of the relevant activities;

(ii) shall contain an explanation of the nature and contents
of that document; and

(iii) without prejudice to any other matter contained or
referred to therein, shall contain such averments of fact as
would, if that document were a statement tendered in evidence
under that section, be sufficient (in relation to the use of that
computer over that period) to satisfy the requirements of
subsection (2) of that section.

(3) A deposition, or any document or thing exhibited or annexed
thereto, shall not be admitted in criminal proceedings by virtue of this
section as evidence of any fact unless direct oral evidence of that fact
would be admissible in those proceedings.

(4) Where a deposition having exhibited or annexed thereto any
document of a kind referred to in subsection (2) contains matter other
than averments made in respect of such document pursuant to
subsection (1)(b) or (e)(i) or for the purposes of section 77G(4), such
matter shall not be admitted in evidence in criminal proceedings by
virtue of this section unless the court is satisfied that, having regard to
the matters referred to in subsection (1)(d)(i), (ii) and (iii), no unfairness
is likely to occur in those criminal proceedings consequent upon its
being so admitted.

(5) A certificate purporting to be signed by the Registrar and
certifying that any deposition to which such certificate is attached.
together with any document or thing exhibited or annexed thereto (if
any), has been received by him pursuant to a letter of request issued by
him under section 77E in respect of any criminal proceedings referred to
in the certificate, shall on its production without further proof be
admitted in those criminal proceedings as conclusive evidence of the
facts contained therein.





(6) References in this section to a letter of request issued by the
Registrar under section 77E in respect of any criminal proceedings
include references to a letter of request issued by him in respect of any
criminal proceedings (whether instituted or not) at any time after 1
January 1984 and before the commencement of the Evidence
(Amendment) Ordinance 1984 to a court or tribunal exercising
jurisdiction outside Hong Kong requesting such court or tribunal to
assist in obtaining evidence for the purposes of those criminal
proceedings.

77G. (1) Where under this Part it is relevant for the purposes of any
criminal proceedings to prove any particular or matter in respect of a
deponent or a deposition, or any document or thing exhibited or
annexed to a deposition, such matter or particular may be proved by an
averment contained in the deposition stating that particular or matter.

(2) Where any deposition having exhibited or annexed thereto a
document of a kind referred to in section 77F(2)(c) is admitted in
evidence by virtue of section 77F, section 22(3) and (4) shall apply in
relation to any statement contained in that document as they apply in
relation to a statement given in evidence by virtue of section 22.

(3) Section 22A(4) and (9) shall apply for the purposes of section
77F(2)(d) as they apply for the purposes of section 22A.

(4) Section 22B(2) and (3) shall apply in relation to a statement
contained in any document exhibited or annexed to any deposition
admitted in evidence under this Part as they apply in relation to a
statement admitted in evidence by virtue of section 22 or 22A.

(5) References in this Part to a document or thing exhibited or
annexed to a deposition include references to a document or thing
referred to in the deposition as a document or thing exhibited or
annexed thereto.

(6) In this Part 'document', 'copy' and 'statement' have the same
meaning as in Part IV.

(Part VIIIA added. 37 of 1984, s. 10)

PART IX

MISCELLANEOUS
(Amended, 5 of 1924, s. 21)

78. Whenever any forged document has been admitted in evidence
by virtue of this Ordinance, the court or the person who has admitted
the same, may, at the request of any party against whom the same is so
admitted in evidence, direct that the same shall be impounded and be
kept in the custody of such officer of the court or other proper person,
for such period, and subject to such conditions as to the court or
person may seem meet.

(Amended, 11 of 1922, s. 19 and 5 of 1924, s.
21)





79. In any prosecution for murder or manslaughter any medical
notes or report by any Government medical officer which purport to
relate to the deceased shall be admissible in evidence upon proof of the
handwriting of such Government medical officer, and upon proof of his
death or absence from Hong Kong.

(20 of 1922, s. 9, incorporated by 5 of 1924, s. 21. Amended,
3 7 of 1984, s. 11)

80. On the hearing of any indictable offence it shall be the duty of
the magistrate to take down in the minute of proceedings any material
statement or observation made, and any evidence given, by the accused
in the course of the proceedings, and, without prejudice to any other
method of proof, any such statement or observation or evidence so
taken down shall be admissible in evidence against the accused on his
trial upon production of the minute of proceedings.

(20 of 1922, s. 10, incorporated by 5 of 1924, s. 21)

81. (1) Any judge of the High Court may, on application or on his
own motion, issue a warrant or order for bringing up any person in
lawful custody before any court to enable such person to prosecute,
pursue, defend or be examined as a witness in, any proceedings, either
criminal or civil, before such court. (Replaced, 46 of 1967, s. 3)

(2) Any District Judge, magistrate, coroner appointed under the
Coroners Ordinance, adjudicator appointed under the Small Claims
Tribunal Ordinance or presiding officer appointed under the Labour
Tribunal Ordinance may, on application or on his own motion, issue a
warrant or order for bringing up any person in lawful custody before the
District Court, magistrate, coroner, Small Claims Tribunal or Labour
Tribunal, as the case may be, to enable such person to prosecute,
pursue, defend or be examined as a witness in, any proceedings, either
criminal or civil, before such District Court, magistrate, coroner. Small
Claims Tribunal or Labour Tribunal. (Added, 21 of 1966, s. 3. Replaced,
46 of 1967, s. 3. Amended, 79 of 1981, s. 11)

(3) Such prisoner or person shall be brought under the same care
and custody. and be dealt with in like manner in all respects, as a
prisoner required by any writ of habeas corpus awarded by the High
Court to be brought before the said court to be examined as a witness in
any cause or matter depending before the said court is by law required
to be dealt with. (Amended, 50 of 1911; 51 of 1911; 62 of 1911,
Schedule and 63 of 1911, Schedule)

(Amended, 5 qf 1924, s. 21)

82. Nothing in this Ordinance shall be construed to repeal any
provisions contained in the Wills Act 1837.

(Amended, 50 of 1911; 62 of 1911, Schedule and 5 of 1924,
s.21)





SCHEDULE
FORM 1 [s.25(1).]
EVIDENCE ORDINANCE
(Chapter 8)
GOVERNMENT CHEMIST'S CERTIFICATE

1, (name) ................... Government Chemist
hereby

certify that-

(a) on (date) .......a scaled packets
(or as the case may be) ............ marked
(if any special mark) .............. and containing
(description qf contents) ...................................... was
'ere

delivered to the Government Laboratory (or as the case Max, he)
................

................ by (name or description of person)

.
.

(b) the said sealed packet(s) (or as the case may ' be)
...........................................

.................................... was; were found to contain be (result of

examination and/or analysis)
........................................................................

(c) on (date) .......................after examination and or

analysis at the Government Laboratory (or as the case may be) . ................

......and/or analysis) ............---
* ..--* ....* the (item(s) submitted/or examination

an or analysis) ...................was. were

handed in a sealed packets) (or as the case may ' be)
....................................

.1 .......marked (if special mark)
.... to (name or description 0 person)

of

...
.

Date
.................................
..

.......... 1 :

Government Chemist.

(Replaced, 42 c?f 1973, s. 3)

FORM 2 [s. 26(1).]







EVIDENCE ORDINANCE

(Chapter 8)

CERTIFICATE

............................................................ of

being a public officer appointed in writing by the Commissioner of Police under

section 26 of the Evidence Ordinance hereby certify that-

(1) on (date) ......................1 received from (name or

description of person) ....- ......- . a sealed packet
(or as the case may be) ...........marked (if any

special mark) ........................containing exposed

photographic film[s] which was/were processed by me and 1 prepared therefrom

(number) .............................photographic print[s] and or
(number) .............................enlargement[s]:

(2) on (date) ............................. ---
1 handed the said (number)

................................ photographic print[s] and/or (number)

enlargements, each of which was marked ..... -
and signed
by me, to (name or description of person) ;





(3) the said (number) ................photographic print[s] and/or
(number) .............................enlargements is/are as nearly as may be [an]

exact reproduction[s] from the exposed film[s] received by me as aforesaid and have
in no way been retouched, altered or otherwise interfered with in the process of
preparation thereof.

Date -

(Signed)
.......................................................

(Schedule added, 31 of 1969, s.
6)
Originally 2 of 1889. 26 of 1886. 31 of 1911. (Cap. 8, 1950.) 49 of 1973. 2 of 1908. 9 of 1908. 3 of 1909. 30 of 1911. 50 of 1911. 51 of 1911. 62 of 1911. 63 of 1911. 8 of 1912. 22 of 1912. 27 of 1912. 43 of 1912. 23 of 1915. 11 of 1922. 20 of 1922. 21 of 1922. 5 of 1924. 1 of 1927. 33 or 1934. 27 of 1937. 6 of 1939. 2 of 1946. 9 of 1950. 24 of 1950. 37 of 1950. 21 of 1966. 46 of 1967. 25 of 1969. 31 of 1969. 69 of 1970. 35 of 1971. 20 of 1972. 35 of 1972. 6 of 1973. 42 of 1973. 15 of 1975. 92 of 1975. 2 of 1977. 30 of 1978. 65 of 1980. 79 of 1981. L.N. 76/82. 47 of 1982. L.N. 298/82. 37 of 1984. Short title. Interpretation. [cf. 1851 c. 99, s. 16.] Incompetency from immature age or unsoundness of mind. Evidence of child of tender years. 1908 c. 67, s. 30. (Cap. 227.) (Cap. 226.) Evidence of parties. [cf. 1851 c. 99, s. 2; 1853 c. 83, s. 1.] Evidence of husband and wife. [cf. 1851 c. 99, s. 3; 1853 c. 83, s. 2.] Privilege of husband and wife. 1853 c. 83, s. 3. Evidence of access. 1949 c. 100. No incapacity from crime or interest. 1843 c. 85, s. 1. Exception as to defendant in criminal proceedings. [cf. 1851 c. 99, s. 3.] Evidence of parties and their husbands and wives in proceedings for adultery. 1869 c. 68, s. 3. Discrediting a witness. 1854 c. 125, s. 22; 1865 c. 18, s. 3. Proof of contradictory statement of adverse witness. 1865 c. 18, s. 4. Cross-examination as to previous statement in writing. 1854 c. 125, s. 24; 1865 c. 18, s. 5. Proof of conviction and previous conviction for indictable offence. 1851 c. 99, s. 13; 1854 c. 125, s. 25; 1865 c. 18, s. 6; 1871 c. 112, s. 18. Attesting witness need not be called. 1854 c. 125, s. 26; 1865 c. 18, s. 7. Comparison of disputed with genuine writing. 1854 c. 125, s. 27. Evidence in criminal proceedings to prove unrecorded event did not happen. Copy of document of public nature. 1851 c. 99, s. 14. Official documents. 1845 c. 113, s. 1. Certificate in criminal proceedings in respect of foreign documents. Certificate in criminal proceedings of designation of foreign bank. Privilege relating to sections 19A and 19B. Copy of entry in banker's record. (Cap. 4.) (Cap. 32.) (Cap. 328.) Court or judge may direct copies of entries in banker's record to be taken. 1879 c. 11, ss. 7, 8. Evidence in criminal proceedings from documentary records. (Cap. 161.) Documentary evidence in criminal proceedings from computer records. Provisions supplementary to sections 22 and 22A. Copy of records of Royal Observatory. Certificate of accuracy of chronometer. Government Chemist's certificates. Schedule, Form 1. Certificates as to photographic process. Schedule, Form 2. Certified translations of documents. (47 of 1982.) [*16.7.82.] Certificates of accuracy of speedometers and radar and weighing devices. Certificate of posting of documents. Certified transcripts of tape recordings. (47 of 1982.) [*16.7.82.] Computation of time. 1879 c. 11, s. 11. (Cap. 149.) Proof of foreign or colonial act of state, judgment, etc. 1851 c. 99, s. 7. Proof of statutes of Commonwealth Country. 1907 c. 16, s. 1. Swearing of answer, etc., in High Court in England, etc. 1852 c. 86, s. 22. Admissibility of document having seal and signature of British ambassador, etc. 1855 c. 42, s. 3. 1889 c. 10, s. 6(1); 1891 c. 50, s. 2. Proof of various matters in civil proceedings. Effect of notices in Gazette. Admissibility of document filed in foreign court or consulate. Courts to take judicial notice of signature of judges, etc. 1845 c. 113, s. 2. Prints of films of public documents. Prints from films of Government documents, etc. Interpretation. Proof of instrument to validity of which attestation is necessary. 1938 c. 28, s. 3. Presumptions as to documents 20 years old. 1938 c. 28, s. 4. Power to order proof of specified facts by affidavit with or without attendance of deponent. 1938 c. 28, s. 5. Interpretation and savings. 1938 c. 28, s. 6. 1968 c. 64, s. 20(2). Hearsay evidence to be admissible only by virtue of this or any other Ordinance or by agreement. 1968 c. 64, s. 1. Admissibility of out-of-court statements as evidence of facts stated. 1968 c. 64, s. 2. L.N. 154/70. Witness's previous statement, if proved, to be evidence of facts stated. 1968 c. 64, s. 3. Admissibility of certain records as evidence of facts stated. 1968 c. 64, s. 4. Admissibility of statements produced by computers. 1968 c. 64, s. 5. Provisions supplementary to sections 47 to 50. 1968 c. 64, s. 6. Admissibility of evidence as to credibility of maker, etc. of statement admitted under section 47 or 49. 1968 c. 64, s. 7. Admissibility of certain hearsay evidence formerly admissible at common law. 1968c. 64, s. 9. (25 of 1969.) Interpretation of sections 46 to 54 and application to arbitrations, etc. 1968 c. 64, s. 10. (Cap. 4, sub. leg.) (Cap. 4.) Application of Part IV to statements of opinion. 1972 c. 30, s. 1. Rules with respect to expert reports and oral expert evidence. 1972 c. 30, s. 2. Admissibility of expert opinion and certain expressions of non-expert opinion. 1972 c. 30, s. 3. L.N. 155/79. Evidence of foreign law. 1972 c. 30, s. 4. (1971 c. 23.) L.N. 155/79. Interpretation, application to arbitrations etc, and savings. [cf. 1972 c. 30, s. 5.] (Cap. 4, sub. leg.) (Cap. 4.) Convictions as evidence in civil proceedings. [cf. 1968 c. 64, s. 11.] (Cap. 298.) Findings of adultery as evidence in civil proceedings. [cf. 1968 c. 64, s. 12.] Conclusiveness of convictions for purposes of defamation actions. [cf. 1968 c. 64, s. 13.] [*1.10.69.] (25 of 1969.) Privilege against incrimination of self or spouse. 1968 c. 64, s. 14. [*1.10.69.] (25 of 1969.) Abolition of certain privileges. 1968 c. 64, s. 16(1), (2) & (5). Consequential amendments relating to privilege. [cf. 1968 c. 64, s. 17.] Interpretation and savings of Parts IV and VI. [cf. 1968 c. 64, s. 18.] (25 of 1969.) Rules. Admissibility in evidence in criminal proceedings of deposition of person dead, etc. 1848 c. 42, s. 17. Prima facie proof of examination having been duly taken. Objection that deposition tendered was not signed by magistrate. Power to take deposition of person dangerously ill, etc., and admissibility thereof. 1867 c. 35, s. 6. Interpretation. 1975 c. 34, s. 9(1). Application to the High Court for assistance in obtaining evidence for civil proceedings in another court. 1975 c. 34, s. 1. Power of a court in Hong Kong to give effect to an application for assistance. 1975 c. 34, s. 2. Privilege of witnesses. 1975 c. 34, s. 3. Effect of subpoena. [cf. 1975 c. 34, s. 4.] Power of Hong Kong court to assist in obtaining evidence for criminal proceedings in an overseas court. 1975 c. 34, s. 5. Rules of court. 1975 c. 34, s. 7. (Cap. 4.) Saving. 1975 c. 34, s. 9(4). Issue of letter of request to obtain evidence in criminal proceedings. (Cap. 4.) Admissibility in criminal proceedings of evidence obtained pursuant to letter of request. (37 of 1984.) Provisions supplementary to sections 77E and 77F. Impounding of forged document admitted in evidence. 1845 c. 113, s. 4; 1851 c. 99, s. 17. Admissibility of certain medical notes and reports. Observations and evidence of accused person before magistrate to be taken down and to be admissible at trial. Warrant or order to bring up prisoner to give evidence. 1853 c. 30, s. 9. (Cap. 14.) (Cap. 338.) (Cap. 25.) Saving as to Wills Act 1837. (1837 c. 26.)

Originally 2 of 1889. 26 of 1886. 31 of 1911. (Cap. 8, 1950.) 49 of 1973. 2 of 1908. 9 of 1908. 3 of 1909. 30 of 1911. 50 of 1911. 51 of 1911. 62 of 1911. 63 of 1911. 8 of 1912. 22 of 1912. 27 of 1912. 43 of 1912. 23 of 1915. 11 of 1922. 20 of 1922. 21 of 1922. 5 of 1924. 1 of 1927. 33 or 1934. 27 of 1937. 6 of 1939. 2 of 1946. 9 of 1950. 24 of 1950. 37 of 1950. 21 of 1966. 46 of 1967. 25 of 1969. 31 of 1969. 69 of 1970. 35 of 1971. 20 of 1972. 35 of 1972. 6 of 1973. 42 of 1973. 15 of 1975. 92 of 1975. 2 of 1977. 30 of 1978. 65 of 1980. 79 of 1981. L.N. 76/82. 47 of 1982. L.N. 298/82. 37 of 1984. Short title. Interpretation. [cf. 1851 c. 99, s. 16.] Incompetency from immature age or unsoundness of mind. Evidence of child of tender years. 1908 c. 67, s. 30. (Cap. 227.) (Cap. 226.) Evidence of parties. [cf. 1851 c. 99, s. 2; 1853 c. 83, s. 1.] Evidence of husband and wife. [cf. 1851 c. 99, s. 3; 1853 c. 83, s. 2.] Privilege of husband and wife. 1853 c. 83, s. 3. Evidence of access. 1949 c. 100. No incapacity from crime or interest. 1843 c. 85, s. 1. Exception as to defendant in criminal proceedings. [cf. 1851 c. 99, s. 3.] Evidence of parties and their husbands and wives in proceedings for adultery. 1869 c. 68, s. 3. Discrediting a witness. 1854 c. 125, s. 22; 1865 c. 18, s. 3. Proof of contradictory statement of adverse witness. 1865 c. 18, s. 4. Cross-examination as to previous statement in writing. 1854 c. 125, s. 24; 1865 c. 18, s. 5. Proof of conviction and previous conviction for indictable offence. 1851 c. 99, s. 13; 1854 c. 125, s. 25; 1865 c. 18, s. 6; 1871 c. 112, s. 18. Attesting witness need not be called. 1854 c. 125, s. 26; 1865 c. 18, s. 7. Comparison of disputed with genuine writing. 1854 c. 125, s. 27. Evidence in criminal proceedings to prove unrecorded event did not happen. Copy of document of public nature. 1851 c. 99, s. 14. Official documents. 1845 c. 113, s. 1. Certificate in criminal proceedings in respect of foreign documents. Certificate in criminal proceedings of designation of foreign bank. Privilege relating to sections 19A and 19B. Copy of entry in banker's record. (Cap. 4.) (Cap. 32.) (Cap. 328.) Court or judge may direct copies of entries in banker's record to be taken. 1879 c. 11, ss. 7, 8. Evidence in criminal proceedings from documentary records. (Cap. 161.) Documentary evidence in criminal proceedings from computer records. Provisions supplementary to sections 22 and 22A. Copy of records of Royal Observatory. Certificate of accuracy of chronometer. Government Chemist's certificates. Schedule, Form 1. Certificates as to photographic process. Schedule, Form 2. Certified translations of documents. (47 of 1982.) [*16.7.82.] Certificates of accuracy of speedometers and radar and weighing devices. Certificate of posting of documents. Certified transcripts of tape recordings. (47 of 1982.) [*16.7.82.] Computation of time. 1879 c. 11, s. 11. (Cap. 149.) Proof of foreign or colonial act of state, judgment, etc. 1851 c. 99, s. 7. Proof of statutes of Commonwealth Country. 1907 c. 16, s. 1. Swearing of answer, etc., in High Court in England, etc. 1852 c. 86, s. 22. Admissibility of document having seal and signature of British ambassador, etc. 1855 c. 42, s. 3. 1889 c. 10, s. 6(1); 1891 c. 50, s. 2. Proof of various matters in civil proceedings. Effect of notices in Gazette. Admissibility of document filed in foreign court or consulate. Courts to take judicial notice of signature of judges, etc. 1845 c. 113, s. 2. Prints of films of public documents. Prints from films of Government documents, etc. Interpretation. Proof of instrument to validity of which attestation is necessary. 1938 c. 28, s. 3. Presumptions as to documents 20 years old. 1938 c. 28, s. 4. Power to order proof of specified facts by affidavit with or without attendance of deponent. 1938 c. 28, s. 5. Interpretation and savings. 1938 c. 28, s. 6. 1968 c. 64, s. 20(2). Hearsay evidence to be admissible only by virtue of this or any other Ordinance or by agreement. 1968 c. 64, s. 1. Admissibility of out-of-court statements as evidence of facts stated. 1968 c. 64, s. 2. L.N. 154/70. Witness's previous statement, if proved, to be evidence of facts stated. 1968 c. 64, s. 3. Admissibility of certain records as evidence of facts stated. 1968 c. 64, s. 4. Admissibility of statements produced by computers. 1968 c. 64, s. 5. Provisions supplementary to sections 47 to 50. 1968 c. 64, s. 6. Admissibility of evidence as to credibility of maker, etc. of statement admitted under section 47 or 49. 1968 c. 64, s. 7. Admissibility of certain hearsay evidence formerly admissible at common law. 1968c. 64, s. 9. (25 of 1969.) Interpretation of sections 46 to 54 and application to arbitrations, etc. 1968 c. 64, s. 10. (Cap. 4, sub. leg.) (Cap. 4.) Application of Part IV to statements of opinion. 1972 c. 30, s. 1. Rules with respect to expert reports and oral expert evidence. 1972 c. 30, s. 2. Admissibility of expert opinion and certain expressions of non-expert opinion. 1972 c. 30, s. 3. L.N. 155/79. Evidence of foreign law. 1972 c. 30, s. 4. (1971 c. 23.) L.N. 155/79. Interpretation, application to arbitrations etc, and savings. [cf. 1972 c. 30, s. 5.] (Cap. 4, sub. leg.) (Cap. 4.) Convictions as evidence in civil proceedings. [cf. 1968 c. 64, s. 11.] (Cap. 298.) Findings of adultery as evidence in civil proceedings. [cf. 1968 c. 64, s. 12.] Conclusiveness of convictions for purposes of defamation actions. [cf. 1968 c. 64, s. 13.] [*1.10.69.] (25 of 1969.) Privilege against incrimination of self or spouse. 1968 c. 64, s. 14. [*1.10.69.] (25 of 1969.) Abolition of certain privileges. 1968 c. 64, s. 16(1), (2) & (5). Consequential amendments relating to privilege. [cf. 1968 c. 64, s. 17.] Interpretation and savings of Parts IV and VI. [cf. 1968 c. 64, s. 18.] (25 of 1969.) Rules. Admissibility in evidence in criminal proceedings of deposition of person dead, etc. 1848 c. 42, s. 17. Prima facie proof of examination having been duly taken. Objection that deposition tendered was not signed by magistrate. Power to take deposition of person dangerously ill, etc., and admissibility thereof. 1867 c. 35, s. 6. Interpretation. 1975 c. 34, s. 9(1). Application to the High Court for assistance in obtaining evidence for civil proceedings in another court. 1975 c. 34, s. 1. Power of a court in Hong Kong to give effect to an application for assistance. 1975 c. 34, s. 2. Privilege of witnesses. 1975 c. 34, s. 3. Effect of subpoena. [cf. 1975 c. 34, s. 4.] Power of Hong Kong court to assist in obtaining evidence for criminal proceedings in an overseas court. 1975 c. 34, s. 5. Rules of court. 1975 c. 34, s. 7. (Cap. 4.) Saving. 1975 c. 34, s. 9(4). Issue of letter of request to obtain evidence in criminal proceedings. (Cap. 4.) Admissibility in criminal proceedings of evidence obtained pursuant to letter of request. (37 of 1984.) Provisions supplementary to sections 77E and 77F. Impounding of forged document admitted in evidence. 1845 c. 113, s. 4; 1851 c. 99, s. 17. Admissibility of certain medical notes and reports. Observations and evidence of accused person before magistrate to be taken down and to be admissible at trial. Warrant or order to bring up prisoner to give evidence. 1853 c. 30, s. 9. (Cap. 14.) (Cap. 338.) (Cap. 25.) Saving as to Wills Act 1837. (1837 c. 26.)

https://oelawhk.lib.hku.hk/items/show/2212

TENANCY (NOTICE OF TERMINATION) (EXCLUSION) (CONSOLIDATION) ORDER

TENANCY (NOTICE OF TERMINATION) G N A.
82:62.
G.N.A. 83/62
(EXCLUSION) (CONSOLIDATION) ORDER G.N.A.84/62.

(Cap. 7, section 123(2))

[10 August 1962.1

1. This order may be cited as the Tenancy (Notice of Citation.

Termination) (Exclusion) (Consolidation) Order.

2. Tenancies held from- Tenancies
excluded from
(a) the Hong Kong Housing Authority, the further
application of
(b) the Hong Kong Housing Society, and the Ordinance.

(Cap. 7.)

(c) the Hong Kong Model Housing Society,

are excluded from the further application of Part V of the Landlord and
Tenant (Consolidation) Ordinance.
G.N.A. 82/62. G.N.A. 83/62. G.N.A. 84/62. Citation. Tenancies excluded from the further application of the Ordinance. (Cap. 7.)

G.N.A. 82/62. G.N.A. 83/62. G.N.A. 84/62. Citation. Tenancies excluded from the further application of the Ordinance. (Cap. 7.)

https://oelawhk.lib.hku.hk/items/show/2211

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE

LAWS OF HONG KONG

LANDLORD AND TENANT (CONSOLIDATION)
ORDINANCE

CHAPTER 7



REVISED EDITION 1988

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER

HONG KONG





CHAPTER 7

LANDLORD AND TENANT (CONSOLIDATION)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section ................................... Page
1. Short title....................................................................................................................
.............................................8

PART 1

PROTECTED TENANCIES AND PERMITTED RENTS

Interpretation and Application

2............................Interpretation 8
3..................Application of this Part 10
4.Power to exclude application of this Part 11
5................................(Repealed) 13
6..........................Re-entry by Crown 13
7.Registration in Land Office of order under section 4 14

7A..........(Repealed) ...........................................................................................................
... 14

Standard Rent

8...............Assessment of standard rent 14
9....No rent in excess of the standard rent 14
9A.Permitted rent not to exceed prevailing market rent 14
to......Permitted increases and adjustments 15
10A..Certificates of prevailing market rent 17
10AA...Increase in rent on account of rates
18
IOB.Increase in rent following apportionment 18
10C.Increase in rent of sub-tenancy on account of rates 19

11..........................Rent of premises conditionally excluded .......................... 20

12.Rent lawfully chargeable for dependent domestic premises 20
13.Statement to be supplied as to standard rent 20
14.Postponement of permitted increase where repairs effected by tenant 21

15..........................Offences ...... 21

16.Recovery of excessive payments by civil action 22

Protected Tenancies

17.Restriction on recovery of possession and effect of retention of possession 22

18. Surrender, etc. of tenancy for consideration allowed under certain

circumstances ..........................23
19...............Duties of principal tenant 24
19A..............Provision of rent receipts 25

20........................(Repealed) .................................................. 25

21.........Termination of principal tenancy 25
22....Saving as to new agreements to vacate 26
23................Saving for unexpired term 26





Section Page

24. Landlord may enter and effect necessary repairs 26
25-27. (Repealed) ......................27

28......................................Commissioner may approve contracting out in certain circumstances 27
29......................................Commissioner may revise rent in certain cases 28
30......................................Commissioner may increase standard rent if unreasonably low 29
31......................................Commissioner may decrease standard rent if unreasonably high 29
32......................................Tribunal may hear appeals and, in certain cases, fix or apportion rent, etc . 29

33................Order for ejectment of tenant
...................................................................... 30

34......................................Order for ejectment of principal tenant not to operate against sub-tenants 31

35. Order for recovery where domestic premises are required for occupation by

landlord, etc . ......................31
36......................................Order where subletting is made without landlord's consent 32

37. Tenant if a party to an application under section 36 shall be bound by an order

made thereunder ......................32
38......................................Apparent change in occupancy shifts onus of proof to tenant 32

39. A tenant about to absent himself from Hong Kong for certain periods may

sublet under conditions ...........32

40........................Power to adjourn, etc . 33

41-42. (Repealed) ......................33

43......................................Appeal to Court of Appeal 33
43A.....................................Costs 33

General

43B.....................................Enlargement of time 34
44......................................Service of notice 34
44A.....................................Exercise of powers of Commissioner 34
44B.....................................Refusal to furnish information and obstruction 35
45......................................Prohibition of acts done mala fide with intent to induce a lessee to quit 35
46......................................Collection of rates not to be affected 36

47................Forms
.............................................................. 36

48......................................(Repealed) 36

PART II
TENURE AND RENT OF DOMESTIC PR~
Interpretation and Application

49......................................Interpretation 36
50......................................Application 37
50A.....................................Block lettings 40
SOB.....................................Continuation of tenancies in block lettings 40
50C.....................................Interpretation 41

51................Meaning of 'domestic tenancy
...................................................................... 41

51A.....................................Transfer of tenancy to Part IV on joint application 43






5B,.....................................Transfer of tenancy to Part IV on unilateral application 44
51C.....................................Review of decisions under sections 5 1 A and 5 1 B 46

51D. Appeal
..........................................................................................................
... 46





Section.................................... Page
Continuation and Termination of Tenancies
52. Continuation of tenancies ............47
52A..............................Surrender by tenant 47
53. Termination of tenancies .............48
53A...............Restriction on order for possession for rebuilding 54

Increases in Rent

54...................................(Repealed) 56
55........................Alterations in rent by agreement 56
55A.................Increase in rent on account of improvements 57
56......................Increase in rent on account of rates 58
56A...................Increase in rent following apportionment 59
57................Application for certificate of increase in rent 59
58........................Certificates of increase in rent 60
59.....................................Review 61
60.....................................Appeal 61

61............Notices of increases ....... 61

62................Application of certain sections to sub-tenancies 62
63...............Increase in rent of sub-tenancy on account of rates 62
63A..........Increase in rent of sub-tenancy on account of improvements 63
64..........................Effective date for increases 63
65...........................Provision of rent receipts 64
66..................Obligation to notify subletting of premises 64

67............(Repealed)
...................................................................................... 64

General

68.............Proceedings in, and jurisdiction of, court or Tribunal 65
68A............................Appeal on point of law 65

68B.................Costs ....********* ..-******
65

69...................(Repealed)
.......................................................... 66

70.......................Exercise of powers of Commissioner 66
70A................Refusal to furnish information and obstruction 66

70B..................Harassment
............................................................... 67

70C...............................False statement 67
71.....................................Forms 68
72..............................Enlargement of time 68
73...................................(Repealed) 68
74...............................Service of notice 68
74A....................................Saving 68
74B.............................Expiry of this Part 69
74C...Provisions transitional to the enactment of the Landlord and Tenant (Con-
solidation) (Amendment) Ordinance 1980 69





Section.................................... Page
PART 111
DISTRESS FOR RENT
Interpretation and Application
75. Interpretation .......................70
75A........................Certificate as to rateable value 70
76. Application of this Part .............70

Jurisdiction

77........................Issuing of warrants of distress 71
78.......................Penalty for unauthorized distress 71
79....................Limitation of time for issue of warrant 71
80......................................Fees 71

Making of Distress

81............................Application for warrant 71
82...............................Form of affidavit 71
83................................Issue of warrant 72

84.....................Refusal of warrant
........................................................ 72

85..............................Appeal from refusal 72
86............................Time for making distress 72
87...........................Property liable to seizure 72
88.........................Property not liable to seizure 72

89......................Making of inventory on seizure .......
.........................................73

90...........................Filing of inventory, etc . 73
91...........................Entry, and forcible entry 73
92.........................Impounding of property seized 73

Discharge of Warrant

93...........Discharge or suspension of warrant or release of distress 74
94..............................Costs of application 74
95...............................Wrongful distress 74

96............................Adjudication in case of wrongful distress .................................
74

97. Compensation for wrongful distress ...74
98. Power to allow time for payment of rent 75
Sale of Distress
99. Mode of sale of distress .............75
100 Right of debtor as to manner of sale .75

Deserted Premises
101.........................Case of deserted premises, where no distress left
...........................................75

Rules as to Distress
102.............Distress for arrears of rent on determination of lease 76
103..........................Priority of landlord's right 76





Section.................................... Page
104...Property seized under writ or warrant of High Court or the District Court 76
105...................Distraint after satisfaction of execution 77
106.......................Persons who may apply for warrant 77
107......Right of one of several parties interested to institute proceedings 77
108......................Removal of property under distraint 78

109..........................Following property liable to seizure and removed ......................................
78
110..........................Restoration of property removed but bona fide sold 78

Ill....................Fraudulent removal of property by tenant 79
112.................Protection against irregularity in proceedings 79
General
113............................Exclusion of Crown rents 79

114..........................Power to amend Schedules ............................... 79

PART IV
NEW TENANCIES OF DOMESTIC
PREMISES
Interpretation and Application

115.................................Interpretation 79
116............................Application of this Part 80

Continuation and Renewal of Tenancies

117..............Continuation of tenancies and grant of new tenancies 82
118.....................Notices given before this Part applies 82
119.....................Termination of tenancy by the landlord 83
119A......................Tenants request for a new tenancy 83
119B...............Termination by tenant of tenancy for fixed term 84
119C......................Renewal of tenancies by agreement 84
Application to Tribunal for new tenancy
119D.................Order by Tribunal for grant of a new tenancy 85
119E............Opposition by landlord to application for new tenancy 85
119F.Additional provisions regarding opposition on ground of intention to rebuild 86

119FA. New tenancy of part of premises ...88

119G. Dismissal of application for new tenancy where landlord successfully opposes 89
119H. Penalties 89
1191. Duration of new tenancy 91
119J. Other terms of new tenancy 91

119K...............................Rent under new tenancy .................. 91

119L.......................Endorsement of tenancy agreement 92
119M....................Carrying out of order for new tenancy 92
119N.....Interim continuation of tenancies pending determination by Tribunal 93

11 9NA. Rent where new tenancy refused etc . 94
1190, Short tenancies ....................94

119P. Sub-tenancies...................................................................................
.................................94





Section Page

1l9Q. Appeals ...................................................
95
119R. Costs .............................. 96

119RA. Provision of rent receipts .......96

119S.....................................Proceedings 96
120......................................General provisions 96

PART V

TENANCY (NOTICE OF
TERMINATION)

120A.....................................Interpretation 96
121......................................Application 97
122......................................Minimum length of notice to determine tenancy 99
123......................................Exclusion of tenancies from this Part 100
124......................................Landlord may substitute notice 100

124A................................Application of sections 124A, 124B and 124C .............
100

124B.....................................Tenant may apply for notice of termination not to take effect 101

124C................................Rent where notice of termination is ordered not to take effect .............
102
125.................................(Repealed) .............
102

126......................................Covenant to pay rent to be implied 102
127......................................Saving of rights arising out of breach of tenancy 102

127A................................Tribunal may determine disputes .............
103

127B.....................................Sub-tenants not to have greater security than tenants 103

PART VI

SMALL TENEMENTS
RECOVERY

128......................................Interpretation 103
128A.....................................Certificate as to rateable value 104

129. Summoning of tenant of premises with a rateable value not exceeding $30,000

unlawfully holding over ..............104
130......................................Service of originating summons 105
131......................................Issue of warrant for possession of premises 105

132. Recovery of land in case of illegal encroachment or inclosure with a rateable

value not exceeding $30,000 ..........105
132A.....................................Amendment of sections 129 and 132 by Legislative Council 106
133......................................Stay of warrant 106
134......................................Giving of bond and proceedings thereon 106
135......................................Protection of District Court and bailiff acting under this Part 106
136......................................Recovery of bailiff's expenses 107
PART VII
MISCELLANEOUS
136A.....................................Remission and refund of fees 107







137. Provisions transitional to the enactment of the Landlord and Tenant (Con-

solidation) (Amendment) (No. 2) Ordinance 1981 107

138. Effect of substitution of 'prevailing market rent' for fair market rent' 107
139. Provisions transitional to the enactment of the Landlord and Tenant (Con-

solidation) (Amendment) Ordinance 1983 108





Section Page
140. Provisions transitional to the enactment of the Landlord and Tenant (Con-
solidation) (Amendment) Ordinance 1984 108
141. Provisions transitional to the enactment of the Landlord and Tenant (Con-
solidation) (Amendment) Ordinance 1985 109
142. Provisions transitional to the enactment of the Landlord and Tenant (Con-
solidation) (Amendment) Ordinance 1986 110
143. Provision transitional to the enactment of the Landlord and Tenant (Con-
solidation) (Amendment) Ordinance 1988 110

First Schedule...........................(Repealed) ill
Second Schedule ...................................................................................................................
..........................................111
Third Schedule...........................(Repealed) 112
Fourth Schedule ...................................................................................................................
..........................................112
Fifth Schedule ....................................................................................................................
..........................................112





CHAPTER 7

LANDLORD AND TENANT (CONSOLIDATION)

To consolidate Ordinances relating to landlord and tenant, protection and
determination of tenancies, and control and recovery of rent.

[23 May 19471

Originally 25 of 1947 (Cap. 255,1964), ]of 1883 (Cap. 7,1964), 27 of 1897 (Cap. 17,1969),8 of 1952 (Cap. 276,
1964), 14 of 1962 (Cap. 335, 1964), 56 of 1970 (Cap. 338, 1970) 15 of 1892,36 of 1900, 50 of 1911, 51 of
1911, 62 of 1911, 63 of 1911, 1 of 1912,2 of 1912,8 of 1912, 21 of 1912,5 of 1924,8 of 1928,17 of 1929, G.N.
414133,27 of 1937, G.N. 185147,13 of 1948,20 of 1948, 43 of 1949, 9 of 1950, 22 of 1950, 24 of 1950, 35 of
1950, 4 of 1951, 1 of 1953, G.N.A. 41153, 22 of 1953, 11 of 1954, 30 of 1955, 14 of 1957, G.N.A. 33159,56 of
1961, 29 of 1962, 36 of 1962, 15 of 1963, 23 of 1963, L.N. 51163, 37 of 1965, 13 of 1966, 40 of 1968, L.N.
22169, 35 of 1969, 25 of 1970, 69 of 1971, 72 of 1971, 4 of 1972, 64 of 1973, 72 of 1973, 78 of 1973, 18 of
1974, 5 of 1975, 10 of 1975, L.N. 63175, 46 of 1975, 92 of 1975, 93 of 1975, L.N. 289175, 56 of 1976,82 of
1976, 72 of 1977,39 of 1979, 6 of 1980, L.N. 126180,24 of 1980, L.N, 161181, 52 of 1981, L.N. 370181, 76 of
1981, 79 of 1981, L.N. 76182, L.N. 175182, L.N. 176183,29 of 1983,40 of 1984,32 of 1985, 10 of 1986, L.N
94186,37 of 1986, L.N. 202187,60 of 1987, L.N. 103188,

77 of 1988 LN D 3,5 er,,,

Short title

1. This Ordinance may be cited as the Landlord and Tenant (Consolidation)
Ordinance.

PART 1

PROTESTED TENANCIES AND PERMITTED RENTS

Interpretation and Application

Interpretation

2. In this Part, unless the context otherwise requires

agricultural land' means land which is held from the Crown on terms the effect of
which is to prohibit the use thereof otherwise than as agricultural land or to
prohibit the erection thereon of any building without the consent of the
Crown; (Added 22 of 1953s.2)

'Building Authority' means the Building Authority as defined in section 2 of the
Buildings Ordinance (Cap. 123); (Added 22 of 1953 s. 2)

'business premises' means premises which are not domestic premises; (Replaced 22
of 1953 s. 2)

'Commissioner' means the Commissioner of Rating and Valuation; (Added 10 of 1975
s. 2)

'dependent premises' means premises which are the subject of a separate letting
and which are not self-contained in respect of ablution, privy and cooking
facilities;





'domestic premises' means premises the subject of a separate letting (including any
bed-space, cubicle, room, floor or portion of a floor or building) which are used
wholly or primarily for human habitation: (Amended 22 of 1953s. 2 )

Provided that the following shall not be deemed to be domestic premises
within the meaning of this definition

(a)any building or portion of a building which is used for habitation only by
caretakers or watchmen not exceeding 2 in number;

(b)any building or portion of a building which is used for habitation only by
office attendants or their families;

(c)any particular portion of an hotel or boarding-house which is let by the
keeper of such hotel or boarding-house to a guest of such hotel or
boarding-house;

landlord includes any person, other than the Crown, who is from time to time
entitled to receive rent in respect of any premises and in relation to a particular
tenant means the person entitled to receive rent from such tenant;

'lease' or 'tenancy agreement' includes every agreement for the letting of any
premises, whether oral or in writing;

let includes sublet and Ietting' includes subletting;

'order' means an order of the Tribunal; (Replaced 76 of 1981 s. 2)

'permitted rent' means the rent lawfully payable under this Part in respect of any
premises; (Added 22 of 1953s.2)

'premises' means the subject matter of any tenancy;

'prevailing market rent means 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 of service of a notice under section 10(1 A), on
the terms of the tenancy (other than those relating to rent and duration of the
tenancy) but disregarding the effect of this Part; (Added 39 of 1979) s. 2.
Amended 29 of 1983 s. 46)

'principal tenant' means a tenant of premises other than a Crown lessee, who has or
shall sublet any part or parts thereof as a separate holding or holdings but shall
not include a tenant, hereinafter referred to as a derivative landlord, who has or
shall sublet the whole of such premises as one holding;

',standard rent' with respect to any premises other than dependent domestic
premises means

(a)if the premises were actually let unfurnished on 25 December 1941, the rate
of rent which was recoverable from the sitting tenant; and

(b)if the premises were not actually let on 25 December 1941, or were then let
furnished, but had been let unfurnished on some previous date, the rate of
rent which was recoverable from the sitting tenant on the last occasion
before 25 December 1941, on which the premises were actually let
unfurnished; and





(c)if the premises were not let unfurnished until after 25 December 1941, then
such rate of rent as may be assessed by the Commissioner under section 8
having regard to what would have constituted a standard rent for the
premises if let unfurnished immediately before 1 December 1941, (Amended
76 of 1981 s. 2)

and in respect of any dependent domestic premises means that proportion of
the rent of the whole of the premises let to a principal tenant at the rate
prescribed in paragraphs (a), (b) and (c), as the case may be, as is fairly
attributable to such dependent domestic premises; (Amended 22 of 1953 s.2)

'tenancy' includes a sub-tenancy;

'tenant' does not include a Crown lessee but includes a sub-tenant and

(a)a person who before 23 May 1947 had retained possession of premises by
virtue of any enactment repealed by this Part* and who was on 23 May
1947 in possession of premises, to which this Part applies;

(b) a person who retains possession of any premises by virtue of this Part;

(c)the widow of a tenant, residing with the tenant at the time of his death, or
where the tenant leaves no widow or is a woman, such member of the
tenant's family so residing as aforesaid as may be decided in default of
agreement by the Tribunal; (Replaced 22 of 1953 s. 2. Amended 76 of
1981 s. 2)

'tenement' 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 76 of
1981 s. 2)

'Tribunal' means the Lands Tribunal established under the Lands Tribunal
Ordinance (Cap. 17). (Replaced 76 of 1981 s. 2)

(25 of 1947 s. 2 incorporated)

Application of this Part

3. (1) This Part shall not apply to-

(a) any premises-

(i) in a building in respect of which an occupation permit, including a
temporary occupation permit, was first issued by the Building Authority
under section 21(2) of the Buildings Ordinance (Cap. 123) after 16 August
1945; or

(ii) which were completed or substantially rebuilt after 16 August 1945;
(Replaced 29 of 1983 s. 2)

(b)agricultural land or any building thereon, other than a building erected
before 17 August 1945; (Added 22 of 1953 s. 3)

(c)land let unbuilt upon save where such land has been let with, and for the
better enjoyment of, any building, or save where a building to which this
Part applies has subsequently been erected thereon; (Added 22 of 1953 s.
3)

See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).





(d) (Repealed 29 of 1983 s. 2)

(e) (Repealed 40 of 1984 s. 2)

(f)any particular portion of an hotel or boarding-house which is let furnished
by the keeper of such hotel or boarding-house to a guest of such hotel or
boarding-house;

(g)any premises for the time being vested in or in the custody of the
Custodian of Property or the Custodian of Enemy Property;

(h) any lease or tenancy held directly from the Crown;

(Amended 13 of 1948 s. 3; 40 of 1984 s. 2)

(i)any premises which are, or since 4 May 1979 have been, business
premises. (Replaced 40 of 1984 s. 2)

(2) In the event of any doubt or dispute as to, whether any premises are
excepted from the application of this Part by any of the provisions of subsection (1),
the same may be determined by the Commissioner on the application of a landlord or
tenant. (Amended 76 of 1981 s. 3)

(3) Where immediately before 23 May 1947, a tenant of premises to which this
Part does not apply was entitled to protection against eviction by reason of an
enactment repealed by this Part*, he shall be deemed to be holding at the rent
payable immediately before 23 May 1947, and shall be entitled to such notice to quit
as would have been required under the original contract of tenancy or if such notice
had already been given and had expired at or before 23 May 1947 then to 1 month's
notice.

(25 of 1947 s. 3 incorporated)

Power to exclude application of this Part

4. (1) The Governor 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)

(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)

* See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).





(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 1983s.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 1981s.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 1 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 1983s.3)

(8)(a) Notwithstanding the provisions of section 15, 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:

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)

(25 of 1947 s. 32 incorporated. Amended 23 of 1963s.3;40 of 1968s.3)

5. (Repealed 76 of 1981 s. 5)

Re-entry by Crown

6. (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 Crown lease
or other tenancy from the Crown; 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 Crown lease, or of a condition or
stipulation of the tenancy of such land, and a right of re-entry thereon under the
Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) shall be
deemed to have accrued to the Crown.

(2) Where a right of re-entry is deemed under subsection (1) to have accrued to
the Crown and in exercise of such right the Crown 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.

(Replaced 46 of 19 75 s. 2)

Registration in Land Office of order under section 4

7. (1) The Commissioner shall cause an order made under section 4 to be
registered by memorial in the Land Office against the premises affected. (Replaced
76 of 1981 s. 7)

(2) Where premises are excluded from the further application of this Part by
order under section 4, and it is a condition of the order that a building or buildings
shall be erected upon the site of such premises in accordance with the terms of such
order, then upon the order being registered by virtue of subsection (1), such
condition shall be binding on any executor, administrator, successor or assign of
the landlord of the premises and may be enforced against any such executor,
administrator, successor or assign by re-entry or otherwise, in like manner as it
could have been enforced against the landlord.

. (Added 30 of 1955 s. 7. Amended 72 of 1973 s. 2)

7A. (Repealed 40 of 1984 s. 3)

Standard Rent

Assessment of standard rent

8. (1) The landlord or tenant of any premises to which this Part applies may
apply to the Commissioner in the specified form for his assessment of the standard
rent of such premises. (Replaced 93 of 1975 s. 2)

(2) (Repealed 93 of 1975 s. 2)

(3) A certificate given pursuant to the provisions of this section by the
Commissioner of his assessment of the standard rent of premises described therein
shall be prima facie evidence of such standard rent in any legal proceedings
whatsoever, whether civil or criminal. (Amended 93 of 1975s.2)

(Added 22 of 1953 s. 5)

No rent in excess of the standard rent

9. Save as in this Part provided no rent shall be recoverable in respect of any
premises to which this Part applies in excess of the standard rent thereof
notwithstanding any agreement to the contrary whomsoever made and whether oral
or in writing.

(25 of 1947 s. 4 incorporated)

Permitted rent not to exceed prevailing market rent

9A. The permitted rent of any premises to which this Part applies shall not
exceed their prevailing market rent or, where the rates in respect of the premises are
payable by the landlord, the aggregate of the following amounts--





(a) the prevailing market rent of the premises; and

(b) the amount of the rates payable in respect of the premises.

(Added 39 of 1979s.5. Amended 29 of 1983s.46)

Permitted increases and adjustments

10. (1) There shall be payable and recoverable by way-of rent of premises

to which this Part applies an amount equivalent to 39 times the standard rent of
the premises. (Replaced 40 of 1984 s. 4. Amended32 of 1985s.2;37of 1986]
s. 2; L.N. 202187; 77 of 1988 s. 2) -4' -1-
3 5

(1A) Where the rent of any premises is less than the permitted rent, the
landlord may, subject to subsections (1 B) and (1 C), increase the rent by serving on
the tenant a notice in the specified form, specifying the new rent and the date from
which it is to take effect. (Added 93 of 1975s.3)

(1B) Any increase in rent under subsection (1C) shall take effect not earlier
than the first day when rent becomes due after the expiration of one month from the
service of the notice. (Added 93 of 1975 s. 3)

(1C) Where a landlord serves a notice on the tenant under subsection (1A) he
shall, at the same time, send a copy of the notice to the Commissioner. (Added 93 of
1975s.3. Amended 39 of 1976s.6)

(2) Where as part of the tenancy agreement furniture is provided for the use of
the tenant the landlord shall be entitled to make such a charge for the use of such
furniture (whether expressed by way of rent or otherwise), as, having regard to the
value of the same to the tenant, is reasonable:

Provided that no such charge shall be recoverable until the landlord has
specified by notice in writing to the tenant the consideration (whether by way of
rent or otherwise) which he attributes to such furniture.

(3) Where the landlord of any premises incurs expenditure of $5,000 or more on
improvements to such premises, the landlord may increase the rent payable in
respect of those premises by 20% per annum of the amount expended on the
improvements. (Replaced 76 of 1981 s. 9)

(3AA) Where rent is increased under subsection (3), the increase shall not take
effect except in pursuance of a notice of increase in the specified form served by the
landlord on the tenant, specifying the increase and the date from which it is to take
effect. (Added 76 of 1981 s. 9)

(3AB) The date specified in a notice of increase under subsection (3AA) shall
be not earlier than the first day when rent becomes due after the expiry of one month
from the service of the notice. (Added 76 of 1981 s. 9)

(3AC) Where the landlord of any premises incurs expenditure of $5,000 or more
on improvements to such premises and those premises comprise 2 or more
tenements then the amount expended shall be apportioned between the tenements
and the rent payable in respect of any tenement may be increased in accordance
with this section by reference to the part of the expenditure

apportioned to it.(Added 76 of 1981 s. 9)





(3A) In determining the amount of expenditure incurred on improvements,
expenditure incurred in the 6 months immediately prior to the date of service of the
notice of increase under subsection (3AA) may be aggregated. (Replaced 76 of
1981 s. 9)

(3B) No account shall be taken of

(a)expenditure incurred prior to the commencement of the Landlord and
Tenant (Consolidation) (Amendment) Ordinance 1976 (56 of 1976);

(b)expenditure in respect of which an increase in rent has previously been
made under this section. (Added 56 of 1976 s. 2)

(3BA) Where a landlord serves on a tenant a notice of increase under
subsection (3AA), the landlord shall send a copy of that notice to the
Commissioner. (Added 76 of 1981 s. 9)

(3BB) A tenant on whom a notice of increase in rent is served under
subsection (3AA) may, not later than one month after the service of the notice,
apply to the Tribunal for an order cancelling or reducing the increase on the ground

(a) that the improvement was unnecessary:

Provided that where the premises the subject of the improvement
comprise 3 or more tenements and more than two-thirds of the tenants of
those premises (other than sub-tenants) have consented in writing to the
improvement, the improvement shall be deemed to be necessary;

(b)that a greater amount was expended on the improvement than was
reasonable; or

(c)where the increase follows an apportionment under subsection (3AC),
that the apportionment was unreasonable, and the Tribunal may make an
order accordingly. (Added 76 of 1981 s. 9)

(4) If the Commissioner is satisfied on the application of a landlord or tenant of
premises other than dependent domestic premises that the services and facilities
which the landlord is liable to provide under the tenancy agreement differ from
those which the landlord was liable to provide under the tenancy agreement by
reference to which the standard rent was ascertained, the Commissioner may adjust
the standard rent accordingly and upon such adjustment the rent substituted by the
Commissioner shall be and become the standard rent for the purposes of this Part
but without prejudice to further adjustment under this subsection or under other
provisions of this Part. (Amended 76 of 1981 s. 9)

(5) Nothing in this Part shall be taken to authorize any increase of rent in
respect of a period prior to 23 May 1947.

(6) If any notice served for the purposes of subsection (1) contains any
statement or representation which is false or misleading in any material respect, the
landlord shall be liable on summary conviction to a fine of $1,000 unless he proves
that the statement was made innocently and without intent to deceive.

(7) Where the notice of an increase of rent which at the time was valid has been
served on any tenant, the increase may be continued without service of any fresh
notice on any subsequent tenant.





(8) The Legislative Council may by resolution amend subsection (1) by
substituting, for the figure specified therein, such figure as may be specified in the
resolution. (Added 39 of 1979 s. 6. Amended 40 of 1984 s. 4)

(9) In this section-

'improvement' includes structural alteration, extension or addition and the
provision of additional fixtures and fittings, but does not include anything
done by way of decoration or repair. (Added 76 of 1981 s. 9)

(25 of 1947 s. 6 incorporated)

Certificates of prevailing market rent

10A. (1) Where a landlord serves a tenant with a notice of increase of rent
under section 10(1A) the tenant may, within 14 days of being so served, apply for a
certificate under subsection (5) by sending an application in the specified form in
duplicate to the Commissioner.

(2) On receipt of an application under subsection (1) the Commissioner shall
serve a copy thereof on the landlord.

(3) Within 14 days of service on him under subsection (2) of a copy of the
tenant's application, the landlord may send his representations thereon to the
Commissioner.

(4) Where the Commissioner receives representations from a landlord under
subsection (3) which indicate that the landlord disputes any fact set out in the
tenant's application, he shall determine the facts in dispute and then deal with the
application in accordance with subsection (5).

(5) Where a tenant makes an application under subsection (1), the
Commissioner shall, if satisfied that the increased rent specified in the landlord's
notice under section 10(1A)

(a)does not exceed the prevailing market rent of the premises aggregated,
where the rates in respect of the premises are payable by the landlord, with
the amount of the rates, issue free of charge and serve on the landlord and
tenant certificates in the specified form to that effect;

(b)exceeds the prevailing market rent of the premises aggregated, where the
rates in respect of the premises are payable by the landlord, with the
amount of the rates, issue free of charge and serve on the landlord and
tenant certificates in the specified form stating

(i) the prevailing market rent of the premises; and

(ii) where the rates in respect of the premises are payable by the
landlord, the amount of the rates,

and may endorse on the certificates such matters as he thinks proper relating to such
application, which, in the case of a dispute as to facts shall include the
Commissioner's determination thereof under subsection (4). (Amended 29 of
1983s.46)

(6) A certificate issued under subsection (5) shall in any proceedings be prima
facie evidence of the facts set out therein.

(7) (Repealed 40 of 1984 s. 5)





(8) Nothing in this section shall prejudice any right which a landlord, tenant or
sub-tenant may have to make an application under section 32 to the Tribunal.
(Amended 76 of 1981 s. 10)

(9) In this section-

'landlord' does not include a principal tenant; and

'tenant' does not include a sub-tenant.

(Added 39 of 1979 s. 8)

Increase in rent on account of rates

10AA. (1) Where

(a)a landlord bears the rates in respect of any premises and after 31 March
1975 there is an increase in the amount of the rates payable; or

(b)rates are imposed after 31 March 1975 in respect of any premises and the
landlord bears those rates,

the landlord may, subject to subsection (2), increase the amount of rent payable by
the tenant of those premises by the amount of the increase in rates or by the amount
of the rates imposed, as the case may be.

(1A) For the purposes of subsection (1)(b), rates shall be deemed not to be
imposed where rates become payable by reason only that the premises cease to be
exempt from assessment to or payment of rates under section 36 of the Rating
Ordinance (Cap. 116). (Added 29 of 1983s.4)

(2) Where the amount of rent is increased under this section the increase shall
not take effect except in pursuance of a notice of increase in the specified form
served by the landlord on the tenant, specifying the increase and the date from
which it is to take effect.

(3) The date specified in a notice of increase under subsection (2) shall not be
earlier than

(a)the date from which the increased rates or the rates imposed, as the case
may be, are payable; or

(b) 24 months prior to the date of service of the notice,

whichever is the later. (Replaced 29 of 1983 s. 4)
(Added 10 of 1975s.4. Amended 39 of 1979s.7)

Increase in rent following apportionment

10B. (1) Where section 10AA(1) applies in respect of any premises and the
premises form part of a tenement or consist of, or form part of, more than one
tenement, the landlord may apply to the Commissioner in the specified form for a
certificate under subsection (2).

(2) On receipt of an application under subsection (1), the Commissioner shall
make such apportionment or aggregation of the rates as he considers necessary to
determine the amount of rates attributable to the premises and shall serve on the
landlord and on the tenant certificates in the specified form stating the amount by
which the rent may be increased.





(3) Where the Commissioner has served a certificate under subsection (2), the
rent of the tenancy may be increased, in accordance with section 10AA, by the
amount shown in the certificate.

(4) In this section, 'tenement' shall have the meaning assigned to it by section
2 of the Rating Ordinance (Cap. 116).

(Added 10 of 1975s.4. Amended39 of 1979s.9)

Increase in rent of sub-tenancy on account of rates

10C. (1) Where

(a)a principal tenant bears the rates in respect of any premises the subject of
a sub-tenancy and after 31 March 1975 there is an increase in the amount
of rates payable;

(b)rates are imposed after 31 March 1975 in respect of any premises the
subject of a sub-tenancy and the principal tenant bears those rates; or

(c)the rent of a tenancy has been increased under section 10AA or IOB and a
sub-tenancy has been created out of that tenancy, (Amended 39 of 1979
s. 10)

the principal tenant may, subject to subsection (5), increase the amount of the rent
payable by the sub-tenant by the amount of the increase in the rates or by the
amount of the rates imposed, as the case may be, attributable to the premises the
subject of the sub-tenancy.

(1A) For the purposes of subsection (1)(b), rates shall be deemed not to be
imposed where rates become payable by reason only that the premises cease to be
exempt from assessment to or payment of rates under section 36 of the Rating
Ordinance (Cap. 116). (Added 29 of 1983s.5)

(2) Where subsection (1) applies in respect of any premises, a principal tenant
may apply to the Commissioner in the specified form for a certificate under
subsection (3).

(3) On receipt of an application under subsection (2) the Commissioner shall
make such apportionment or aggregation of the rates as he considers necessary to
determine the amount of rates attributable to the premises the subject of the sub-
tenancy and shall serve on the principal tenant and on the sub-tenant certificates in
the specified form stating the amount by which the rent of the sub-tenancy may be
increased.

(4) Where the Commissioner has served a certificate under subsection (3), the
rent of the sub-tenancy may, subject to subsection (5), be increased by the amount
shown in the certificate.

(5) Where the amount of rent of a sub-tenancy is increased under this section,
the increase shall not take effect except in pursuance of a notice of increase in the
specified form served by the principal tenant on the sub-tenant specifying the
amount of the increase and the date from which it is to take effect.

(6) The date specified in a notice of increase under subsection (5) shall be not
earlier than

(a) the date from which the increased rates or the rates imposed, as the

case may be, are payable; or(Replaced 29 of 1983 s. 5)





(b)the date on which the increase in rent of the principal tenancy on account
of rates became payable; or

(c)24 months prior to the date of service of the notice of increase on the sub-
tenant,

whichever is the later. (Amended 29 of 1983 s.
5)

(Added 10 of 1975 s.
4)

Rent of premises conditionally excluded

11. Where premises are excluded from the further application of this Part by
order under section 4, and it is a condition of the order that a building or buildings
shall be erected upon the site of such premises in accordance with the terms of such
order, then until the Building Authority has certified that such condition has been
fulfilled the provisions of this Part in regard to permitted rent shall continue to apply
to such premises notwithstanding such exclusion, and it shall be unlawful to
demand or receive in respect of such premises or any part thereof any rent in excess
of the permitted rent of the premises or such part, and any person who demands or
receives any rent in contravention of this section shall be guilty of an offence and
shall be liable on summary conviction to a fine of $10,000.

(Added 30 of 1955 s.
7)

Rent lawfully chargeable for dependent domestic premises

12. The rent lawfully chargeable by a principal tenant in respect of any
dependent domestic premises shall not exceed a sum of money equal to the
aggregate of the following surns

(a)the standard rent of the premises calculated in accordance with the
definition of 'standard rent' in section 2; and

(b) a sum equal to 30% of that standard rent; and

(c)any increase of that standard rent authorized by or under this Part or any
Ordinance; and

(d) any increase in rent under section 10C. (Added 10 of 1975 s. 5)

(Added 22 of 1953
s. 7)

Statement to he supplied as to standard rent

13. A landlord of any premises to which this Part applies shall, on being so
requested in writing by the tenant of such premises or by the superior landlord of
such landlord, supply the tenant or the superior landlord, as the case may be, with a
statement in writing of the standard rent of such premises, and, if, without
reasonable excuse, he fails within 14 days so to do, or supplies a statement which is
false in any material particular, he shall be liable on summary conviction to a fine of
51,000.

(25 of 1947 s. 21
incorporated)





Postponement of permitted increase where repairs effected
by tenant

14. If the tenant of any premises has since 16 August 1945, with the consent of
the landlord of such premises, effected repairs thereto which were necessary to
render the said premises reasonably habitable and the sum expended by such tenant
has amounted to the equivalent of not less than the standard rent of such premises
for a period of 6 months, that portion of the rent permitted under section 10(1) which
exceeds the standard rent shall not commence to accrue or become payable or
recoverable until such time as the amount thereof would, but for this provision,
have been equal to one-half of the amount expended by the tenant on such repairs.

(25 of 1947s. 7 incorporated. Amended 39 of 1979s.11)

Offences

15. (1) Any person who--

(a)demands or receives rent in excess of the permitted rent of any premises;
(Replaced 22 of 1953 s. 8)

(b)demands or receives any consideration whether in money, in kind or in
any other manner whatsoever and whether by way of rent, fine, premium
or otherwise, for the grant, surrender, termination, renewal, continuance or
transfer of any tenancy; (Amended 22 of 1953 s. 8; 30 of 1955 s. 2)

(c)being or acting as a broker, agent or go-between demands or receives for
his services in connection with the procuring of the grant, renewal,
continuance or transfer of the tenancy of any premises any consideration
the value of which exceeds 5% of the standard rent for 1 year of such
premises; or (Amended 22 of 1953 s. 8)

(d)where the purchase or hire of any furniture, fittings, fixtures or other
articles is required by him as a condition for the grant, renewal,
continuance or transfer of any tenancy, demands or receives any price or
consideration for such purchase or hire in excess of a reasonable price or
consideration therefor, (Amended 22 of 1953s.8)

shall be guilty of an offence and shall be liable on summary conviction to a fine of
$4,000. (Amended 22 of 1953 s. 8)

(2) Upon conviction of a person of an offence against subsection (1), it shall be
lawful for a magistrate, in addition to imposing a fine

(a) to order the defendant to pay to the tenant-

(i) any sum received in excess of the permitted rent; or

(ii) the amount or value of the consideration mentioned in subsection
(1)(b) or (c); or

(iii) the amount by which the price or consideration for such purchase
or hire as is mentioned in subsection (1)(d) exceeds a reasonable price or
consideration therefor; and

(b)if the defendant is a principal tenant to order his ejectment. (Replaced 22
of 1953 s. 8)





(3) Nothing in this section shall prejudice the right of any person to recovery
by civil action any such sums as a magistrate may order to be paid under the
provisions of subsection (2).

(4) Any person who, in any document required under this Part to be lodged
with or served on the Commissioner, makes a false statement, knowing it to be false
or not believing it to be true, commits an offence and is liable to a fine of $5,000.
(Added 40 of 1984 s. 6)

(25 of 1947 s. 8 incorporated)

Recovery of excessive payments by civil action

16. The person by whom any payment has been made or consideration has
been given the demanding or receiving of which is made an offence under the
provisions of section 15 may recover the amount or value thereof by action:
(Amended 76 of 1981 s.]])

Provided that any action for such recovery shall be commenced within 6
months after the making of such payment or giving of such consideration.

(25 of 1947 s. 9 incorporated)

Protected Tenancies

Restriction on recovery of possession and effect of retention
of possession

17. (1) No order against a tenant for the recovery of possession of or for
ejectment from any premises to which this Part applies shall be made otherwise than
under this Part or under any Ordinance empowering any court or magistrate to make
an order terminating the tenancy of any premises or for the closure of or ejection of
the tenant from, any premises, by reason of the use thereof for immoral or illegal
purposes or of the dangerous, insanitary or overcrowded state thereof, or with
respect to which any offence has been committed.

(2) Any tenant who before 23 May 1947 has retained possession of any
premises by virtue of any enactment repealed by this Part* and who is on 23 May
1947 in possession of premises to which this Part applies and any tenant who shall
retain possession by virtue of this Part shall so long as he retains possession
observe and be entitled to the benefit of all the terms and conditions of the original
contract of tenancy, so far as the same are consistent with this Part, and shall be
entitled to give up possession only on giving such notice as would have been
required under the original contract of tenancy, or, if no notice would have been so
required on giving not less than 1 month's notice:

Provided that notwithstanding anything in the contract of tenancy a landlord
who obtains an order for the recovery of possession from or the eviction of any
tenant retaining possession as aforesaid shall not be required to give any notice to
quit to the tenant.

(3) Subsection (1) shall not apply to

See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).





(a)proceedings by a person claiming under a title adverse and superior to that
under which the original tenancy, by virtue of which the tenant became
entitled to retain possession, was derived; or

(b) proceedings against a derivative landlord:

Provided that no order or judgment against a derivative landlord for the
recovery of possession or ejectment therefrom shall affect the right of any sub-
tenant to whom the premises or any part thereof shall have been lawfully sublet
before proceedings for recovery of possession or ejectment were commenced to
retain possession under this section or be in any way operative against any such
sub-tenant.

(4) Notwithstanding the provisions of subsection (1), a closure order may be
made under section 27 (Closure Order) of the Buildings Ordinance (Cap. 123).
(Added 43 of 1949 s. 3)

(25 of 1947 s. 5 incorporated)

Surrender, etc. of tenancy for consideration
allowed under certain circumstances

18. (1) Notwithstanding the provisions of section 15(1)(b), a tenant may,
pursuant to an agreement in accordance with subsection (2), receive consideration
whether in money, in kind or in any other manner whatsoever, for the surrender or
termination of his tenancy.

(2) An agreement referred to in subsection (1) shall-

(a) be in such form as the Commissioner shall approve;

(b) have endorsed thereon a certificate referred to in subsection (3)(c); and

(c)be lodged with the Commissioner within 28 days of its execution, with
such fee as may be determined by the Financial Secretary. (Amended 40 of
1984 s. 7,-32 of 1985 s. 3)

(3) The Commissioner or any public officer authorized by him in that behalf

(a) shall satisfy himself that the tenant-

(i) in entering or proposing to enter into an agreement under this
section understands the effect of such agreement; and

(ii) in signing or agreeing to sign such an agreement has not been
subject to any undue pressure or influence; and

(b)may make such inquiries as he thinks fit for the purposes of paragraph
(a); and

(c)shall, if satisfied as to the matters specified in paragraph (a), endorse
upon the agreement a certificate to that effect in such form as the
Commissioner shall, from time to time, specify. (Amended 93 of 1975 s. 5;
32 of 1985 s. 3)

(4) Nothing in subsection (3) shall be construed as imposing upon the
Commissioner or any public officer any duty to inquire into or be satisfied as to the
reasonableness or otherwise of the consideration specified in the agreement.





(5) Where, after the commencement of the Landlord and Tenant (Consolidation)
(Amendment) Ordinance 1973 (64 of 1973), an agreement is made for the surrender or
termination of a tenancy under subsection (1), the premises to which the agreement
relates shall be excluded from the further application of this Part. (Added 64 of
1973s.2)

(Added 40 of 1968s.2. Amended 18 of 1974s.2;10 of 1975s.6)

Duties of principal tenant

19. (1) Every principal tenant shall affix and shall keep affixed on a conspicuous
part of the premises comprised in his principal tenancy a notice in Form 1 in the
Second Schedule stating the rent payable by him to his landlord and shall give to
each sub-tenant notice in writing of the part of such rent which he attributes to the
premises let to such sub-tenant.

(2) Every principal tenant shall, whether the same shall be demanded or not,
give to each sub-tenant at the time of his paying the same a receipt for the amount
of the rent paid and such receipt shall state the period in respect of which such rent
was payable.

(3) Every principal tenant shall, within 1 month after becoming a principal
tenant, furnish to his landlord a full and true statement showing the name of all the
sub-tenants of such principal tenant with sufficient particulars of the parts of the
premises occupied by and of the standard rent and gross rent payable by and of the
date of first occupation by each of them. (Amended 11 of 1954 s. 3)

(4) A principal tenant who fails to comply with any of the provisions of
subsections (1), (2) and (3) shall be guilty of an offence and shall be liable on
summary conviction to a fine of $2,000. (Amended 22 of 1953 s. 10)

(5) Upon the hearing of any summons issued under this section, it shall be
lawful for a magistrate, in addition to imposing a fine if the defendant is convicted,
to order the eviction of the defendant. (Amended 22 of 1953 s. 10)

(6) Where a principal tenant is evicted under the provisions of this section or
of section 15, the sub-tenants of such principal tenant shall be deemed to be and
shall thereafter be tenants of the immediate landlord of such principal tenant and
stall be deemed to hold their respective premises upon the terms and conditions
upon which they held them from the principal tenant:

Provided that such immediate landlord shall be entitled to demand or receive
from such sub-tenant only such rent as he would have been entitled to demand or
receive if the tenancy of the principal tenant had been terminated under the
provisions of section 21 and shall undertake towards the sub-tenants all those
obligations formerly undertaken by the principal tenant.

(7) It shall be the duty of the immediate landlord of the principal tenant to
ensure that the provisions of subsection (1) are complied with, and an immediate
landlord who fails without reasonable excuse (the burden of proving which shall be
upon him) to ensure that the said provisions are complied with shall be guilty of an
offence and shall be liable on summary conviction to a fine of $2,000. (Added 22 of
1953s.10)

(25 of 1947 s. 11 incorporated)





Provision of rent receipts

19A. (1) A landlord shall give to his tenant, at the time the tenant pays
the rent, a receipt for the amount of rent paid and the receipt shall contain-

(a) the name and address of the landlord;

(b) the period in respect of which such rent was paid; and

(c) the date of payment.

(2) A landlord who fails to comply with subsection (1) commits an offence
and is liable to a fine of $2,000.
(Added 29 of 1983 s. 6)

20. (Repealed 40 of 1984 s. 8)

Termination of principal tenancy

21. (1) The immediate landlord of a principal tenant may by service of
notice to quit in Form 2 in the Second Schedule and in manner specified in
section 44 terminate the tenancy of such tenant in accordance with the
provisions of, and to the extent provided in, this section.

(2) The length of notice given by the notice to quit aforesaid shall be either
that required by the contract between the landlord and the principal tenant or in
default of any term in the contract specifying the length of notice, one calendar
month from the date of service thereof.

(3) Upon the expiration of such notice to quit-

(a)each sub-tenant shall be deemed to be the tenant of the immediate
landlord and to hold the premises upon the same terms and conditions
as he held them from the principal tenant;

(b)each sub-tenant affected thereby shall be liable to pay to the im-
mediate landlord on demand the permitted rent of the premises let to
him under contract with the principal tenant;

(c)the immediate landlord shall undertake towards each sub-tenant all
those obligations undertaken by the principal tenant previous to
service of notice under subsection (1).

(4) At any time within 14 days after the service of the notice to quit, the
principal tenant may elect by notice in writing to the landlord to deliver up the
whole of the premises subject to the tenancy or to retain any portion thereof
retained, immediately before the service of the notice to quit, for his own
occupation.

(5) Where the principal tenant retains for his own occupation any part of
the premises the subject of his tenancy from the immediate landlord, he shall be
deemed to be the tenant of the immediate landlord in respect of the retained part
and to hold the same upon a monthly tenancy. The rent of the retained part
shall be the aggregate of the following sums-

(a)such proportion of the standard rent of the whole of the premises
previously held by him as principal tenant as is fairly attributable to
the retained part; and





(b)where the premises are dependent domestic premises, a sum equal to 30%
of that proportionate part of the standard rent; and (Amended 11 of 1954 s.
4)

(c)any increase of that proportionate part of the standard rent authorized
under this Part or any Ordinance:

Provided that in the event of any dispute between the immediate landlord and
the principal tenant as to the amount of the rent payable by such principal tenant,
such dispute may be referred to and decided by the Commissioner. (Amended 76 of
1981 s. 12)

(6) Notwithstanding anything in this Part, and in particular, the definition of
'tenant' in section 2, a lessee of the Crown who recovers by virtue of this section
any premises to which this section relates shall be deemed to be an immediate
landlord of his principal tenant for all the purposes of this section and shall have all
the rights and obligations conferred and imposed by this section on an immediate
landlord.

(Replaced 22 of 1953 s. II)

Saying as to new agreements to vacate

22. Subject to the provisions of section 15, nothing in this Part shall be taken to
limit the right of a landlord and tenant (whether or not the tenant is a tenant to
whom section 17(2) applies) to agree to such stipulations and conditions as they
shall think fit in regard to the duration of the tenancy and in particular to any
stipulation in regard to termination of the tenancy in the event of the landlord
desiring to sell the premises or to obtain possession for occupation by himself or
any member of his family:

Provided that no landlord shall be entitled by reason of any agreement made
under the foregoing provision to obtain an order for the ejectment of any tenant
unless he satisfies the Tribunal or a court, as the case may be, that the tenant
intended by such agreement to deprive himself of the protection against ejectment
afforded by this Part. (Amended 30 of 1955 s. 4; 76 of 1981 s. 13)

(25 of 1947 s. 13 incorporated)

Saving for unexpired term

23. Nothing in this Part shall entitle any landlord during the currency of any
written lease of any premises for a definite and unexpired term, to any rent higher
than the rent reserved in such lease.

(25 of 1947 s. 14 incorporated)

Landlord may enter and effect necessary repairs

24. (1) A landlord and his servants and agents may-

(a)at all reasonable times, enter and inspect the premises the subject of the
tenancy with a view to ascertaining whether they require any necessary
repairs; and

(b)after service upon the tenant of 14 days' notice in writing of intention so
to do, enter upon the premises the subject of the tenancy and effect all
necessary repairs.





(2) For the purposes of this section, 'necessary repairs' means any repairs
which the tenant would be required to perform were he under covenant with the
landlord to keep the premises in a tenantable state of repair.

(3) The Tribunal on the application of a tenant or a landlord may-

(a)determine any dispute or difference between a tenant and a landlord as to
the construction and application of this section;

(b)decide whether any repairs which the landlord proposes to execute are
necessary repairs;

(c)order a tenant for such period as to the Tribunal may appear reasonable to
vacate the premises the subject of the tenancy or part thereof to facilitate
the execution of necessary repairs, and in its discretion grant any extension
of such period;

(d)order the ejectment of a tenant who, in the opinion of the Tribunal, has
unreasonably refused to allow the landlord to enter the premises the
subject of the tenancy or any part thereof for the purpose of effecting any
necessary repairs or in order to ascertain whether there are necessary
repairs to be effected;

(e)order the tenant to suffer the landlord and his servants and agents to enter
upon the premises the subject of the tenancy or part thereof for the
purpose of executing all necessary repairs, or in order to ascertain whether
there are any necessary repairs to be effected, and give any direction
which may appear to it to be desirable with regard to the manner and times
in which and at which the repairs are to be effected;

(f)order that in respect of any period during which the premises the subject of
the tenancy have been reasonably vacated by the tenant to facilitate the
execution of necessary repairs, the permitted rent shall abate by such
proportion as the period during which the tenant has so vacated the
premises bears to the concurrent period or periods in respect of which rent
is payable; or

(g)order restoration of possession to a tenant entitled to such possession by
virtue of subsection (4).

(4) A tenant who in order to facilitate the execution of necessary repairs
vacates the premises the subject of the tenancy or part thereof whether of his own
volition or at the request of the landlord or pursuant to an order of the Tribunal shall
not be deemed to have lost possession thereof unless the Tribunal has ordered his
ejectment under subsection (3)(d), and shall be entitled to have possession
restored to him (as soon as conveniently may be after the repairs have been
effected), and the Tribunal is hereby empowered upon application by the tenant to
make an order that possession be restored to the tenant.

(Added 22 of 1953s.7. Amended 76 of 1981s.14)

25-27. (Repealed 76 of 1981 s. 15)

Commissioner may approve contracting out in certain
circumstances

28. (1) A landlord and a tenant or prospective tenant of any premises to which
this Part applies may make a joint application to the Commissioner for





his approval under subsection (3) of the terms of any tenancy agreement into which
they propose to enter.

(2) An application under subsection (1) shall be in the specified form in
triplicate and shall be accompanied by a copy of the proposed agreement and such
fee as may be determined by the Financial Secretary. (Amended 32 of 1985s.4)

(3) Notwithstanding anything contained in this Part, the Commissioner shall, if
he is satisfied in relation to the proposed agreement- (Amended 32 of 1985s.4)

(a) that the tenant or prospective tenant understands its effect;

(b)that the tenant or prospective tenant in assenting to enter into such an
agreement has not been subject to any undue pressure or influence; and

(c) that no sub-tenants are prejudiced thereby,

approve the proposed agreement and endorse the application submitted to him
under subsection (1) with a statement to that effect and serve a copy thereof on the
landlord and on the tenant or prospective tenant.

(4) The Commissioner may make such inquiries as he thinks fit for the purposes
of subsection (3) but nothing in subsection (3) or this subsection shall be
construed as imposing on the Commissioner or any public officer any duty to
inquire into or be satisfied as to the reasonableness or otherwise of the
consideration specified in the agreement.

(5) Where the Commissioner approves the terms of a proposed agreement
under subsection (3) the parties may execute a tenancy agreement in the terms so
approved, notwithstanding anything in this Part.

(6) Where an agreement is executed under subsection (5)--

(a)the landlord shall lodge a copy thereof with the Commissioner within 28
days of its execution; and (Amended 40 of 1984 s. 9)

(b)the building or part thereof to which the agreement relates shall be
excluded from the further application of this Part notwithstanding the
termination or expiry of the agreement.

(Replaced 39 of 1979 s. 12)
(For savings and transitional provisions see Bard. No. 39 of 1979 s. 25 (1)
)

Commissioner may revise rent in certain cases

29. Subject to section 23, if the standard rent of any premises either-

(a)is a rent which was agreed upon in writing at some date before 1 July
1937; or

(b)is not higher than the rent recoverable from the tenant in actual
occupation on 1 July 1937,

the landlord of such premises may apply to the Commissioner to fix, and the
Commissioner may fix, such other rent as the Commissioner shall think fit as the
standard rent to be paid in respect of such premises during the continuance of this
Part:





Provided that nothing in this section shall affect any rent which became due
before the date of the determination by the Commissioner fixing the rent.
(25 of 1947 s. 16 incorporated. Amended 76 of 1981 s. 16)

Commissioner may increase standard rent if
unreasonably low

30. Notwithstanding anything contained in this Part, the Commissioner
may, on the application of a landlord, increase the standard rent of any
premises by such amount as the Commissioner considers reasonable, if the
Commissioner is satisfied that- (Amended 76 of 1981 s. 17; 32 of 1985 s. 5)

(a)the standard rent of the premises is unreasonably low, having regard
to the general level of rents prevailing on 25 December 1941 for
premises of a similar character in the same neighbourhood; or

(b)the standard rent of the premises ought to be increased, having regard
to improvements in the amenities of the neighbourhood in which the
premises are situate, such improvements having occurred after 25
December 1941.
(Added 22 of 1953 s. 13)

Commissioner may decrease standard rent if
unreasonably high

31. Notwithstanding anything contained in this Part, the Commissioner
may, on the application of a tenant, decrease the standard rent of any premises
by such amount as he considers reasonable, if the Commissioner is satisfied that
the standard rent of the premises ought to be decreased, having regard to any
deterioration in the amenities of the neighbourhood, or in the condition of the
premises, such deterioration having occurred after 25 December 1941.
(Added 22 of 1953 s. 13. Amended 76 of 1981 s. 18; 29 of 1983 s. 7)

Tribunal may hear appeals and, in certain cases, fix or
apportion rent, etc.

32. The Tribunal on the application of landlord or tenant may-

(aa) hear any appeal from any decision, determination or assessment of the
Commissioner made under this Part; or (Added 76 of 1981 s. 19)

(a)fix any rent which for any reason is not otherwise determinable under
the provisions of this Part; or

(b)apportion any rent to which this Part relates other than, in the first
instance, for the purpose of assessing the standard rent of dependent
premises; or (Amended 29 of 1983 s. 8)

(c)entertain and determine any dispute or difference as to the amount of
rent payable in respect of any premises to which this Part applies
including any increase of rent, and any charge for the use of furniture
by or the provision of services to the tenant, or so far as may be
necessary to carry this Part into effect as to the right to the possession
of such premises; or





(d)entertain and determine concurrently with any other application, any
application for the payment of rent or mesne profits of any premises to
which this Part applies accruing due on or after 1 October 1945,

and make such order thereon as the Tribunal shall think fit.

(25 of 1947 s. 17 incorporated. Amended 76 of 1981 s. 19)

Order for ejectment of tenant

33. (1) The Tribunal on the application of a landlord may make an order for the
recovery of possession from or the ejectment of

(a)a principal tenant who has been served with a notice under section 21 and
who has elected to quit and failed to do so or who has collected or
attempted to collect rent from the sub-tenants of such premises in respect
of a period subsequent to the expiration of a calendar month following the
service of such notice; (Amended 11 of 1954 s. 5)

(b)a tenant who has been convicted of an offence against this Part or of using
or suffering or permitting to be used the premises or any part thereof for an
immoral or illegal purpose;

(e)a tenant who, except for a cause which the Tribunal shall deem sufficient to
entitle the tenant to the continued protection of this Part being a cause not
attributable either to his own default or to lack of means, fails to pay within
15 days after demand the permitted rent which has accrued due; (Replaced
22 of 1953 s. 14. Amended 29 of 1983s.9)

(d)a tenant who has failed to observe and perform any stipulation or
condition of his tenancy agreement other than save as hereinafter provided
a stipulation or condition imposing an obligation to vacate the premises;

(e)a tenant who has agreed to vacate the premises and who, in the opinion of
the Tribunal, intended by such agreement to deprive himself of the
protection against ejectment afforded by this Part;

a person who became a tenant between 16 August 1945 and 23 May 1947
upon the condition that he should vacate the premises on the return of
the person who was the tenant before 25 December 1941 and who has
neglected or refused so to vacate the premises upon receipt of notice from
the landlord that such former tenant had returned to Hong Kong and that
the premises were required for his use; (Amended 32 of 1985 s. 6)

(g)a tenant who has given written notice to quit the premises and has failed to
quit the same on the expiry of such notice;

(h)a tenant who has been guilty of conduct, or has suffered any person
residing or lodging with him to be guilty of conduct, which is a nuisance or
annoyance to the landlord or to other tenants or the occupiers of adjacent
premises, or has persistently failed to keep his premises in a reasonably
sanitary condition by reason of which failure the landlord has been
required to comply with a notice served upon him under section 127 of the
Public Health and Municipal Services

Ordinance (Cap. 132);(Amended 10 of 1986 s. 32 (1) )





(i)a tenant who obtained a tenancy by reason of being employed by his
landlord and who has ceased to be in such employment;

(j)a tenant of land which has not been developed by the erection of
buildings of a permanent character, which is required by a landlord for his
own use or for the erection of buildings of a permanent character.

(2) No order for the recovery of possession of any premises from a tenant or for
the ejectment of a tenant of any premises shall be made under the provisions of
subsection (1)(c) unless it is established by the landlord to the satisfaction of the
Tribunal that the demand which the tenant has failed to meet was for a sum of
money not in excess of the permitted rent of the premises. (Added 22 of 1953 s. 14)

(25 of 1947 s. 18 incorporated. Amended 76 of 1981 s. 20)

Order for ejectment of principal tenant not to operate
against sub-tenants

34. An order for ejectment made against any principal tenant shall not, unless
the Tribunal so directs, operate as an order for ejectment of any sub-tenant of such
principal tenant, but immediately upon the making of such an order such sub-
tenants shall be deemed to be tenants of the immediate landlord of the principal
tenant in like manner as is provided by section 21(3) and such immediate landlord
shall undertake towards them the obligations theretofore undertaken by the
principal tenant.

(25 of 1947 s. 23 incorporated. Amended 76 of 1981 s. 21)

Order for recovery where domestic premises are
required for occupation by landlord, etc.

35. (1) The Tribunal on the application of a landlord or of the personal
representative of a deceased landlord (not being a landlord who has become such
landlord by purchasing premises or any interest therein after 1 September 1946) may
make an order for the recovery of possession of any domestic premises or for the
ejectment of the tenant therefrom where such premises are reasonably required for
occupation as a residence for such landlord or for any son or daughter of his over 18
years of age, or, where the landlord is dead, for the surviving spouse, son or
daughter over 18 years of age or father or mother of such deceased landlord:

Provided that no such order shall be made unless the Tribunal is satisfied
having regard to all the circumstances of the case, including any alternative
accommodation available for the persons for whose occupation the premises are so
required or for the tenant, that greater hardship would be caused by refusing to
grant the order than by granting it.

(2) No person obtaining an order for the recovery of possession of or ejectment
from any premises under subsection (1) shall within 12 months after the date of such
order assign, transfer, sublet or part with the possession of the premises ro any part
thereof without the previous consent of the Tribunal.

(3) Where a person has obtained an order for the recovery of possession of or
ejectment from any premises under the provision of subsection (1) and it is





subsequently made to appear to the Tribunal that the order was obtained in bad
faith or by the misrepresentation or concealment of material facts or where such
person is shown to have acted in breach of the provisions of subsection (2), the
Tribunal may order the landlord to pay to the former tenant such sum as may appear
to the Tribunal to be sufficient to compensate such tenant for the cost, damage, loss
or inconvenience sustained by him as a result of the order for recovery of
possession or ejectment.

(25 of 1947 s. 19 incorporated. Amended 76 of 1981 s. 22)

Order where subletting is made without landlord's consent

36. The Tribunal on the application of a landlord may make an order for the
recovery of possession from or ejectment of the occupier of any premises the rent
whereof is payable monthly, the tenant of which has, after 1 March 1946 without the
consent in writing of the landlord, assigned, transferred, sublet or parted with the
possession of such premises or any part thereof.

Provided that no order shall be made under this section against an occupier
holding as the sub-tenant of a principal tenant any portion of any domestic
premises which premises before 22 October 1945 were divided into and let as
separate domestic premises, or since that date have, with the consent of the
landlord, been so divided and let.

(25 of 1947 s. 20 incorporated. Amended 76 of 1981 s. 23)

Tenant if a party to an application under section 36 shall be
bound by an order made thereunder

37. A tenant who has been made a party to an application under section 36
shall without prejudice to any appeal be bound by an order in favour of the landlord
made under that section, and any tenancy in the premises to which the order relates
to which such tenant is or might be entitled by virtue of this Part shall cease and
determine.

(Added 22 of 1953 s. 15)

Apparent change in occupancy shifts onus of proof to tenant

38. Where a landlord establishes a prima facie case that there has been an
apparent change in the occupancy of premises or of part thereof, the tenant shall be
deemed to have parted with the possession of such premises or of such part unless
he satisfies the Tribunal to the contrary.

(Added 22 of 1953 s. 15. Amended 76 of 1981 s. 24)

A tenant about to absent himself from Hong Kong for
certain periods may sublet under conditions

39. (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 and
not more than 9 months; and

(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.

(Added 22 of 1953 s. 15)

Power to adjourn, etc.

40. Upon any application for the recovery of possession of any premises or the
ejectment of the tenant therefrom the Tribunal may

(a)in lieu of making an order adjourn the application for a period not
exceeding 30 days and subject to such conditions as it thinks proper;

(b)upon making such order direct that it shall not be operative until the
expiration of any period not exceeding 30 days specified in such order and
may make any such direction subject to such conditions as it thinks proper.

(25 of 1947 s. 22 incorporated. Amended 76 of 1981 s. 26)

41-42. (Repealed 76 of 1981 s. 27)

Appeal to Court of Appeal

43. (1) Any party to proceedings before the Tribunal may appeal to the Court
of Appeal against a determination or order of the Tribunal on the ground that such
determination or order is erroneous in point of law.

(2) An appeal under this section shall be subject to the provisions of, and any
rules made under, the Lands Tribunal Ordinance (Cap. 17).

(Replaced 76 of 1981 s. 28)

Costs

43A. In any proceedings under this Part, the Tribunal shall not make any order
as to costs against a party unless that party has conducted his case in a frivolous
or vexatious manner.

(Added 76 of 1981 s. 29)





General

Enlargement of time

43B. The Commissioner may extend any time fixed by this Part for the making of
any application to him or for the lodging of any document with him. (Added 40 of
1984 s. 10)

Service of notice

44. (1) Any notice given under this Part may be served upon the person
affected thereby either personally or by leaving the same with any occupier of the
premises to which the same relates, or by leaving the same with some adult inmate at
the usual or last known place of business or residence of the person to be served,
or, if the person to be served cannot readily be found, by affixing the notice on a
conspicuous part of the premises to which the same relates.

(2) The provisions of subsection (1) shall not apply in respect of the service of
any notice under section 21, but in such cases service shall be effected by posting
the prescribed form of notice in English, together with a copy in Chinese, upon the
main door or entrance of the premises affeced, and by reposting the same if
necessary upon the second and third day thereafter, and upon the expiration of the
third day such notice shall be deemed to have been served upon all persons
including sub-tenants affected thereby. (Added 22 of 1953 s. 22. Amended 14 of 1957 s.
3)

(3) Without prejudice to subsection (1), service of any notice under section
10(1A) or 10(3AA) or notice, application or certificate under section 10A, 10AA,
IOB or 10C may be effected by the recorded delivery service, or registered post,
addressed to the last known place of business or residence of the person to be
served. (Added 10 of 1975 s. 8. Amended 93 of 1975 s. 8; 39 of 1979 s. 13; 76 of 1981 s. 30;
40 of 1984 s. 11)

Exercise of powers of Commissioner

44A. (1) The Commissioner may, for the purposes of this Part

(a)serve on any person a requisition in the specified form requiring him to
furnish to the Commissioner, within such reasonable period as the
Commissioner may specify in the form, the particulars reasonably required
by the Commissioner by the requisition;

(b)require the landlord, tenant or sub-tenant or former landlord, tenant or sub-
tenant of any premises to exhibit to him all documents relating to the
tenancy and user of the premises, including leases, receipts for rent, rent-
books and accounts, and the Commissioner may take copies of those
documents;

(c)at any reasonable time, with the consent of the occupier, enter and
inspect any premises and take such measurements and other particulars
as he thinks fit;

(d)require the occupier or other person in control of the premises, following
not less than 24 hours notice in writing delivered at the premises, to allow
the Commissioner to enter and inspect those





premises at any reasonable time and take such measurements and other
particulars as he thinks fit;

(e)after the expiry of not less than 24 hours notice in writing to the occupier of
the premises or, if the occupier cannot be found, to the landlord or other
person in control of the premises, enter at any reasonable time during day-
light (using such force as may be necessary) and inspect any premises and
take such measurements and other particulars as he thinks fit.

(2) Any public officer or class of public officer employed in the Rating and
Valuation Department and authorized in writing in that behalf by the Commissioner
may exercise any of the powers and perform any of the duties conferred or imposed
on the Commissioner by this Part.

(Replaced 40 of 1984 s. 12)

Refusal to furnish information and obstruction

44B. (1) Any person who, without reasonable excuse

(a)refuses or neglects to furnish any of the particulars specified under section
44A(1)(a);

(b)refuses or neglects to exhibit any document he is required to exhibit under
section 44A(1)(b);

(c)refuses to allow the Commissioner to take copies of any document
exhibited under section 44A(1)(b); or

(d)obstructs or evades the exercise of any power under section 44A(1)(c), (d)
or (e),

commits an offence and is liable to a fine of $10,000 and to imprisonment for 3
months.

(2) Where the Commissioner is frustrated or obstructed in the exercise of any
power under section 44A(1)(c), (d) or (e), he may apply to the court for an order
authorizing him to enter and inspect the premises concerned and exercise his powers
and requiring the landlord, tenant, sub-tenant, occupier or person having control of
the premises to allow the Commissioner to enter and inspect those premises and
exercise his powers; and the court shall have jurisdiction to make such order as it
thinks fit.

(3) An application under subsection (2) may be made at the conclusion of any
proceedings in respect of an alleged offence under subsection (1) (whether or not
any person is convicted) or independently of any such proceedings.

(4) In this section, 'court' means the District Court, the Tribunal or a
magistrate.

(Added 40 of 1984 s. 12)

Prohibition of acts done mala fide with intent to
induce a lessee to quit

45. (1) Any person who shall mala fide do any act whatsoever with intent to
induce the lessee of any premises to give up possession thereof shall be liable on
summary conviction to a fine of $2,000.





(2) Upon the hearing of any summons issued under this section it shall be
lawful for a magistrate, in addition to imposing a fine if the defendant is convicted,
to order the defendant to pay to the lessee such sum as may appear to the
magistrate to be sufficient to compensate the lessee for any costs, damages, loss or
inconvenience sustained by him by reason of such act.

(25of 1947s. 33 incorporated. Amended 22 of 1953s.23)

Collection of rates not to he affected

46. Nothing in this Part shall be construed so as to prevent a landlord from
collecting from his tenant the rates for the time being payable in respect of any
premises or such apportioned sum as shall properly be attributable to such premises
in respect of rates, provided that the obligation of paying the rates in respect of
such premises was assumed by the tenant under the terms of the tenancy.

(25 of 1947 s. 37 incorporated)

Forms

47. (1) The forms in the Second Schedule are prescribed for use under this Part
and shall in each case be accompanied by a translation thereof in the Chinese
language. (Added 22 of 1953s.33)

(2) Subject to subsection (1), the Commissioner may-

(a) specify any form to be used under this Part;

(b) publish any such form in the Gazette; and

(c)in his discretion accept any notice or application served on him which is
not in the specified form. (Added 93 of 1975 s. 10)

48. (Repealed 93 of 1975 s. 11)

PART II

TENURE AND RENT OF DOMESTIC
PREMISES

Interpretation and Application

Interpretation
49. In this Part, unless the context otherwise requires-
'Building Authority' means the Building Authority under the Buildings

Ordinance (Cap. 123);

'Commissioner' means the Commissioner of Rating and Valuation;
'court' means the District Court;
current rent' 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' 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; (Added40 of 1984 s. 13)

'landlord' includes any person, other than the Crown, 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;

'prevailing market rent' means, except in section 51 B, 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' means a tenant of premises, other than a Crown lessee, who has
sublet the whole or any part or parts thereof as a separate holding or holdings;

'repealed Part IF' 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' includes an agreement for a tenancy;

'tenant' or 'sub-tenant' does not include a Crown lessee but includes

(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 1980s.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 19 75 s. 12)

(d)a public body, corporation, foreign or Commonwealth Government,
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)

'tenement' 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
1975s.12)

'Tribunal' means the Lands Tribunal established under the Lands Tribunal
Ordinance (Cap. 17). (Replaced 76 of 1981 s. 31)

Application

50. (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.]])

(2) For the purposes of this section, 'post-war premises' means premises to
which Part 1 does not apply by virtue of section 3(1)(a). (Replaced 29 of 1983s.
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)

(e)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. (Added40 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 1 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 Crown, the Hong Kong Housing Authority, the
Hong Kong Housing Society, the Hong Kong Model 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)

(f)-(g) (Repealed 76 of 1981 s. 32)

(h) (Repealed 29 of 1983 s.]])

(i)-(k) (Repealed 6 of 1980 s. 3)

(1)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 198 l; and,
for the purposes of this paragraph, 'appropriate certificate' means

(i) an occupation pen-nit, 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 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 Buildings and Lands, or any person authorized
by him, certifying that the premises are complete; or (Amended L.N.
370181; L.N. 76182; L.N. 94186; 60 of 1987s.14)

(iii) where section 21 of the Buildings Ordinance 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 1981s.2.
Amended 29 of 1983s.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 1983s.11)

(7)-(8) (Repealed 29 of 1983 s.]])

(9) The Governor may by order exclude from the further application of this Part
any class of tenancy or sub-tenancy, any class of premises or any particular
tenancy or sub-tenancy or premises.





(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) maybe amended by resolution of
the Legislative Council. (Added 29 of 1983s.11. Amended 77 o 1988s.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)

Block lettings

50A. (1) For the purposes of this Part, where a tenancy is of premises
consisting of 2 or more dwellings, which dwellings have an aggregated rateable
value of not less than the sum mentioned in paragraph (m) of section 50(6), that
paragraph shall not have the effect of excluding from the application of this Part a
dwelling in those premises the rateable value of which is less than that sum; and
unless otherwise excluded, this Part shall apply to such a dwelling in accordance
with subsection (2).

(2) Where, by virtue of subsection (1), this Part applies to a dwelling, that
dwelling

(a)shall be deemed to be premises subject to a separate tenancy to which this
Part applies and, if it is subject to a sub-tenancy, that sub-tenancy shall be
deemed to have been created out of that separate tenancy; and

(b)shall have, for the purposes of sections 55 to 66, a rent, as determined
under section 50B, payable and recoverable in respect of it. (Amended 40
of 1984 s. 15)

(Added 52 of 1981 s. 4)

Continuation of tenancies in block lettings

SOB. (1) Where

(a)by virtue of section 50A(2), a dwelling is deemed to be subject to a
separate tenancy; and

(b) that separate tenancy continues in existence by virtue of section 52,

the rent and other terms of the tenancy of that dwelling during that continuation
shall be consistent with this Part and





(i) shall be as agreed by the parties; or (ii)
failing agreement

(A) the rent shall be as determined by the Commissioner in accordance
with subsection (2); and

(B) the other terms shall be as determined by the Tribunal in accordance
with subsection (3).

(2)(a) The rent of a tenancy for the purposes of subsection (1)(ii)(A) shall be
such part of the whole rent payable for the premises mentioned in section
50A(I) as is apportioned to that tenancy by the Commissioner who shall
have regard to the relative size and other features of the dwellings in those
premises.

(b)The Commissioner shall notify the parties in writing of the rent so
apportioned and the apportionment shall be final and binding.

(c) (Repealed 40 of 1984 s. 16)

(3) In determining the other terms of the tenancy under subsection (1)(ii)(B),
the Tribunal shall have regard to

(a) the terms of the tenancy of which the dwelling forms part;

(b)the terms ordinarily applicable to a tenancy of a dwelling in premises
consisting of 2 or more dwellings; and

(c) such other considerations as appear to be equitable,

and the determination shall be final and binding.

(Added 52 of 1981 s. 4. Amended 76 of 1981 s. 33)

Interpretation

50C. (1) For the purposes of sections 50A, 50B and this section

(a) section 50(10) shall apply to a dwelling as it applies to premises;

(b) 'tenancy' includes a sub-tenancy;

(c)'dwelling' means a building, or part of a building, which is designed and
constructed for the purpose of separate occupation as a dwelling, whether
or not it is subject to a separate tenancy.

(2) For the purposes of this Part, the date of the tenancy of a dwelling shall be
the date on which the parties entered into the tenancy of the premises which
included that dwelling.

(Added 52 of 1981 s. 4)

Meaning of domestic tenancy'

51. (1) For the purposes of section 50, 'domestic tenancy' and 'domestic sub-
tenancy' mean a tenancy or sub-tenancy of premises let as a dwelling.

(2) Notwithstanding the purpose for which premises were let, in determining
the nature of a tenancy for the purposes of this Part, the following provisions shall
apply-

(a)in any agreement in writing between a landlord and tenant, or between a
principal tenant and sub-tenant, a term that the premises shall be used for a
specified purpose shall be prima facie evidence that the premises are being
used for such purpose;











(b)notwithstanding any evidence as to whether premises were originally
let as a dwelling or not let as a dwelling, premises which are being used
primarily for another purpose shall be deemed to have been let for
such other purpose:

Provided that where such primary user is user as a dwelling and in
breach of any term in the agreement with the landlord or principal
tenant, as the case may be, then the tenant or sub-tenant shall be
required to establish that such user has been agreed to by the landlord
or principal tenant, expressly or by implication, or acquiesced in by
him;

(c)subject to paragraph (d), where there exists insufficient evidence as to
whether premises were let as a dwelling or not let as a dwelling, the
nature of the tenancy or sub-tenancy shall be determined by the
primary user of the premises;

(d)where there is evidence that premises were let otherwise than as a
dwelling, or that they were being used otherwise than as a dwelling
at the commencement of a sub-tenancy created out of the original
tenancy, any premises the subject of such sub-tenancy shall themselves
be deemed to be used otherwise than as a dwelling until the sub-tenant
satisfies the Tribunal to the contrary; (Amended 76 of 1981 s. 34)

(e)the use of premises as a boarding or lodging house is a use other than
as a dwelling.

(3) In determining whether premises were let, or are being used, as a
dwelling, the following may be taken into account-

(a)the covenants, terms and conditions in any Crown lease, tenancy or
sub-tenancy;

(b)any occupation permit given by the Building Authority under section
21 of the Buildings Ordinance (Cap. 123), or under any Ordinance
replaced thereby, in relation to the premises;

(c)normal additional uses of premises consistent with the domestic
nature of a tenancy or sub-tenancy having regard to the following-
(i) floor area in occupation part or full-time for such uses;
(ii) the number of people engaged in such uses but not dwelling on
the premises;
(iii) the furnishings, fittings and contents of the premises; and
(iv) the gross profits resulting from such uses relative to the rent or
proportion thereof paid by the person making such profits.

(4) Where a dispute arises as to whether a tenancy or sub-tenancy is
domestic, the landlord, tenant, principal tenant or sub-tenant may, if primary
user is relevant to the dispute apply in the specified form to the Commissioner
for his certificate as to the primary user of the premises and shall specify in the
form the nature of the dispute.

(4A) Whether or not a dispute arises as to whether a tenancy or sub-
tenancy is domestic, a landlord, tenant, principal tenant or sub-tenant may
apply in the specified form to the Commissioner for his certificate as to the
primary user of the premises.(Added 56 of 1976 s. 3)





4B Where a person applies to the Commissioner under subsection (4A) he
shall

(a)specify in the application form a day, other than a public holiday, on which
he would like the inspection to be carried out;

(b)at the time when he lodges the application, pay such fee as may be
determined by the Financial Secretary; and

(e)lodge the application form with the Commissioner not less than 10 days
before the day specified in the form. (Added 56 of 1976s.3)

(4C) (Repealed 32 of 1985 s. 9)

(4D) The Commissioner shall, where practicable, carry out the inspection under
subsection (5) on the day specified in the application or, if the inspection cannot be
carried out on that day, as soon thereafter as is reasonably possible. (Added 56 of
1976s.3)

(5) Subject to subsection (5A), where an application under subsection (4) or
(4A) is made to the Commissioner, he shall inspect the premises, and may

(a)where he is satisfied on the evidence available as to the primary user, issue
free of charge in the case of an application under subsection (4) and serve
on the landlord and tenant or principal tenant and subtenant, as the case
may be, a certificate in the specified form as to the primary user of the
premises on the day of his inspection;

(b)where he is not so satisfied, issue free of charge in the case of an
application under subsection (4) and serve on the landlord and tenant or
principal tenant and sub-tenant, as the case may be, a notice in the
specified form declining to express an opinion as to the primary user of the
premises. (Amended 56 of 1976 s. 3; 29 of 1983 s. 12)

(5A) Where the Commissioner issues a certificate under subsection (5)(a), no
further application may be made under subsection (4) or (4A) before the expiry of 1
year from the date on which that certificate is issued. (Added 29 of 1983s.12)

(6) A certificate issued by the Commissioner under subsection (5)(a) shall, for
all purposes, including an application under subsection (8), be prima facie evidence
of the facts set out therein and of the primary user of the premises on the day on
which they were inspected. (Amended 76 of 1981 s. 34)

(7) (Repealed 29 of 1983 s. 12)

(8) A party to any tenancy or sub-tenancy may apply to the Tribunal to
determine whether or not a tenancy or sub-tenancy is domestic and the Tribunal may
determine that question for the purposes of this Part. (Replaced 29 of 1983s.12)

Transfer of tenancy to Part IV on joint application

51A. (1) A landlord and tenant, or principal tenant and sub-tenant, of premises
to which this Part applies may apply jointly to the Commissioner in the specified
form in triplicate for the tenancy, or sub-tenancy, to be excluded from the application
of this Part.





(2) An application under subsection (1) may be made during the contractual
period of the tenancy, or sub-tenancy, or during its continuation under section
52(1) and shall be lodged with the Commissioner within 28 days of its execution.

(3) The Commissioner shall-

(a)if he is satisfied that the tenant, or sub-tenant, understands the effect of
the exclusion of the tenancy, or sub-tenancy, from this Part and has not
been subject to any undue pressure or influence, endorse his approval on
copies of the application and serve a copy on each of the applicants; or

(b)if he is not so satisfied, serve a notice to that effect on each of the
applicants.

(4) Where an application is endorsed under subsection (3)(a), the tenancy, or
sub-tenancy, to which the application relates shall be excluded from the application
of this Part and Part IV shall apply to it with effect from a future date specified in the
application by the applicants or, if no such date is specified, from the date of that
endorsement.

(5) Where an application is endorsed under subsection (3)(a), that application
shall constitute--

(a)a discontinuance by an applicant of any proceedings under section 53 for
possession of the premises to which that application relates; and

(b)a waiver by an applicant to any right to increase the rent under this Part in
relation to the premises to which that application relates.

(6) The applicants may in the specified form specify the terms of the tenancy,
or sub-tenancy, to which Part IV shall apply and the lodging of the application
under this section shall be sufficient compliance with section 119L.

(Added 40 of 1984 s. 17)

Transfer of tenancy to Part IV on unilateral application

51B. (1) A landlord or tenant, or principal tenant or sub-tenant, of premises to
which this Part applies may apply to the Commissioner in the specified form in
duplicate for the tenancy, or sub-tenancy, to be excluded from the application of this
Part.

(2) An application under subsection (1) may be made-

(a)during the contractual period of the tenancy, or sub-tenancy (but not
earlier than 12 months before the expiry of that period); or

(b) during its continuation under section 52(1).

(3) An application under subsection (1) in relation to tenancy, or subtenancy,
continuing under section 52(1) shall not be made

(a)within 12 months after the date on which an increase in rent (other than on
account of improvements or an increase in rates) becomes effective; or

(b)within 12 months after the date of service of a notice under subsection
(5)(b) following an earlier application under this section.





(4) Upon receipt of an application under subsection (1), the Commis-
sioner shall serve a copy thereof on the other party and within 14 days of that
service that party may make representations to the Commissioner.

(5) The Commissioner shall consider any representations, determine any
facts in dispute and shall-

(a)if he is satisfied that the current rent for the premises is not less than
77% of the prevailing market rent, issue a certificate approving the
application and serve 1 copy on the landlord, or principal tenant, and
1 copy on the tenant, or sub-tenant; or

(b)if he is not so satisfied, issue and serve a notice to that effect on the
landlord, or principal tenant, and on the tenant, or sub-tenant.

(6) Where the Commissioner approves the application under subsec-
tion (5), he shall state in his certificate a date upon which the tenancy, or
sub-tenancy, shall be excluded from this Part; and, on that date, the tenancy
shall, subject to subsection (8), be excluded from the application of this Part
and Part IV shall apply to it.

(7) The date mentioned in subsection (6) shall be-

(a)in a case where the application is made during the contractual period
of the tenancy, or sub-tenancy, the date on which the Commissioner
issues his certificate under subsection (5)(a):

Provided that the Commissioner shall not issue that certificate
earlier than 7 months before the expiry of the contractual period; or

(b)in a case where the application is made during the continuation of the
tenancy, or sub-tenancy, under section 52(1) and-
(i) the current rent is not less than the prevailing market rent; or
(ii) the rent has not been increased (other than on account of
improvements or an increase in rates) during that continuation,

the date on which the Commissioner issues his certificate under
subsection (5)(a); or

(e) in a case where-
(i) the application is made during the continuation of the tenancy,
or sub-tenancy, under section 52(1); and
(ii) the current rent is less than the prevailing market rent; and
(iii) the rent has been increased (other than on account of improve-
ments or an increase in rates) during that continuation,

a date not more than 18 and not less than 17 months after the date on
which that increase became effective or, if there is more than 1 such
increase, the date on which the last such increase became effective:

Provided that, where a period of 18 months has elapsed since the
date on which that increase or that last increase became effective, the
date mentioned in subsection (6) shall be the date on which the
Commissioner issues his certificate under subsection (5)(a).





(8) A certificate issued under subsection (5)(a) shall not affect-

(a)any proceedings under section 53 commenced before the date of the
issue of that certificate; or

(b)any right to increase the rent under this Part following a proper notice
served under section 55, 55A, 56, 63 or 63A or a certificate issued by the
Commissioner under section 56A or 58 before that date.

(9) In this section-

'current rent' means the rent, exclusive of rates, payable by the tenant, or sub-
tenant at the date of the application under subsection (1); and

'prevailing market rent' means the rent, exclusive of rates, at which the premises
might reasonably be expected to be let on a term of 2 years at the date upon
which the Commissioner issues his certificate or notice under subsection (5),
on the terms of the tenancy, or sub-tenancy (other than those relating to rent
and duration of the tenancy or sub-tenancy) but disregarding the effect of this
Part.

(Added 40 of 1984 s. 17)

Review of decisions under sections 51A and 51B

51C. (1) Where the Commissioner--

(a) serves a notice under section 51A(3)(b); or

(b) serves a copy of his certificate under section 51B(5)(a); or

(c) serves a notice under section 51B(5)(b),

a party to the tenancy, or sub-tenancy, which is the subject of the application under
those sections and who is aggrieved may, within 14 days of that service, apply to
the Commissioner by notice in duplicate in the specified form for a review of his
decision.

(2) On receipt of an application under subsection (1) and of such fee as may be
determined by the Financial Secretary, the Commissioner shall review his decision
and, after giving the parties the opportunity of making written submissions, he may
affirm the decision or cancel it and decide the matter afresh, and shall serve a notice
of his decision on the parties. (Amended 32 of 1985 s. 10; 77 of 1988 s. 4)

(3) (Repealed 32 of 1985 s. 10)

(Added 40 of 1984 s. 17)

Appeal

51D. A party to the tenancy, or sub-tenancy, which is the subject of the
application under section 5 1 A or 5 1 B and who is aggrieved by a decision of the
Commissioner under section 51C may, within 1 month of the service of the notice of
the decision, appeal to the Tribunal which may make such order thereon as it thinks
fit.

(Added 40 of 1984 s. 17.Amended 77 of 1988 s. 5)





Continuation and Termination of Tenancies

Continuation of tenancies

52. (1) Where the contractual period of a tenancy or sub-tenancy, whether
created before, on or after 19 December 198 1, is terminated by effluxion of time or by
the landlord or principal tenant, otherwise than by forfeiture, the tenancy or sub-
tenancy shall not, subject to subsection (2), sections 52A and 53, come to an end
during the continuance in force of this Part. (Replaced 76 of 1981 s. 35. Amended 29 of
1983 s. 13)

(1A) During the continuation of the tenancy or sub-tenancy under sub-

section (1), the contractual ' tenancy or sub-tenancy shall continue except to
the extent that the terms and conditions thereof are varied under, or are
inconsistent with, this Part. (Replaced 29 of 1983 s. 13)

(1B) During the continuation of the tenancy or sub-tenancy under subsection
(1), the landlord or principal tenant shall have no right to forfeiture. re-entry or to
obtain possession of the premises except as provided by section 53. (Added 76 of
1981 s. 35)

(1C) A tenancy or sub-tenancy which, immediately before 19 December 1981,
was continuing under this Part shall be a tenancy or sub-tenancy continuing under
subsection (1). (Added 76 of 1981 s. 35)

(1D) A tenancy or sub-tenancy shall not continue under subsection (1) where
the tenant or sub-tenant delivers up vacant possession on termination of the
contractual period of the tenancy or sub-tenancy. (Added 76 of 1981 s. 35)

(2) Subject to section 50(4), a tenancy or sub-tenancy shall not by virtue of this
Part continue in existence after any change in the identity of the tenant, principal
tenant or sub-tenant which would terminate such tenancy or subtenancy in law.

(3) In every tenancy and sub-tenancy there shall, in the absence of any express
covenant or condition, be implied a covenant to pay rent on the due date and a
condition for forfeiture for non-payment within 15 days of such date.

(4) Notwithstanding the expiration of this Part under section 74B, this section
and section 53 shall continue to apply to any tenancy or sub-tenancy

(a)for a period of 2 years from the date on which any increase under this Part
of the rent payable under the tenancy or sub-tenancy, other than an
increase under section 55A or 56, became effective; or (Amended 56 of 1976
s. 4)

(b)until the expiry of a period of 2 years from the creation of the tenancy or
sub-tenancy if the same was created not more than 2 years before the
expiration of this Part.

Surrender by tenant

52A. (1) Subject to subsection (2), a tenant or sub-tenant may agree to
surrender a tenancy or sub-tenancy continuing under section 52(1).

(2) An agreement mentioned in subsection (1) shall have no effect unless it is





(a) in the specified form;

(b)lodged with the Commissioner within 28 days of execution, with such fee
as may be determined by the Financial Secretary; and (Amended 40 of 1984 s.
18; 32 of 1985 s. 11)

(c) endorsed by the Commissioner under subsection (3).

(3) The Commissioner-

(a) shall satisfy himself that the tenant or sub-tenant-

(i) in entering into an agreement under subsection (1) understands the
effect of that agreement; and

(ii) has not been subject to any undue pressure or influence;

(b)may make such inquiries as he thinks fit for the purposes of paragraph (a);
and

(c)shall, if satisfied as to the matters mentioned in paragraph (a), endorse
upon the agreement a certificate to the effect that he has approved it under
this section. (Amended 32 of 1985 s.]])

(4) The Commissioner shall not be obliged to be satisfied as to the
reasonableness of any consideration payable under an agreement mentioned in this
section.

(Added 29 of 1983 s. 14)

Termination of tenancies

53. (1) A tenancy or sub-tenancy continuing under section 52(1) shall come to
an end when

(a) the tenant or sub-tenant delivers up vacant possession of the premises;

(aa) with effect after 18 December 1981, the tenant or sub-tenant of the
premises enters into a tenancy or sub-tenancy mentioned in paragraph (n)
of section 50(6) of the same premises; (Added 29 of 1983 s. 15)

(b)an order of the Tribunal under subsection (2), (4A) or (411) takes effect; or
(Amended 29 of 1983 s. 15)

(c)the tenancy out of which the sub-tenancy was created is itself terminated:

Provided that upon such termination this Part shall apply to any
tenancy arising under subsection (oil). (Replaced 76 of 1981 s. 36)

(1A) Where a tenant or sub-tenant fails to give at least 1 month's notice of his
intention to deliver up vacant possession under paragraph (a) of subsection (1), the
landlord or principal tenant shall be entitled to 1 month's rent in place of such
notice. (Added 76 of 1981 s. 36)

(2) The Tribunal shall not make an order for possession of premises in respect
of which there is a tenancy or sub-tenancy continuing under section 52(1) unless it
is satisfied that- (Amended 29 of 1983 s. 15)

(a)any rent lawfully due from the tenant or sub-tenant has not been paid or,
where any covenant or condition of the tenancy or sub-tenancy has been
broken or not performed, such breach or non-performance would, but for
this Part, have been a cause of forfeiture;





(b)the premises or any part thereof are reasonably required by the landlord
or principal tenant for occupation as a residence for himself, his father, his
mother or any son or daughter of his over the age of 18: (Amended 29 of
1983 s. 15)

Provided that the Tribunal shall not make an order by reason only
that the circumstances of the case fall within this paragraph if

(i) in the case of a tenancy, the tenant satisfies the Tribunal that in all
the circumstances of the case it would manifestly not be just and
equitable to do so;

(ii) in the case of a sub-tenancy, the Tribunal is satisfied having regard
to all the circumstances of the case, including the question whether other
accommodation is available for the principal tenant or the sub-tenant,
greater hardship would be caused by granting the order than by refusing
it; (Replaced 6 of 1980 s. 5)

(c) the landlord or principal tenant intends to rebuild the premises;

(d)the tenant or the sub-tenant has caused unnecessary annoyance,
inconvenience or disturbance to the landlord or the principal tenant or to
any other person: (Amended 39 of 1979 s. 14)

Provided that no order shall be made under this paragraph unless the
Tribunal is satisfied that the annoyance, inconvenience or disturbance
had continued after a warning in writing had been served by the landlord
or principal tenant on the tenant or sub-tenant causing the same;
(Amended 93 of 1975 s. 14)

(e) the tenant-

(i) in the case of a tenancy to which this Part applied immediately prior
to 18 December 1979, has at any time after 14 December 1973; and

(ii) in any other case, has at any time after 18 December 1979, in breach
of the contractual tenancy sublet the whole or any part of the premises of
which he is the tenant; (Replaced 6 of 1980 s. 5)

(f)the tenant or sub-tenant has used, or has suffered or permitted the use of,
the premises of which he is the tenant or sub-tenant or any part thereof,
for an immoral or illegal purpose; (Added 6 of 1980 s. 5)

(g)the tenant or the sub-tenant has entered into an endorsed agreement
mentioned in section 52A and has failed to deliver up vacant possession
under that agreement; or (Added 29 of 1983 s. 15)

(h)the tenant has sublet the whole or any part of the premises of which he is
tenant and does not occupy any part of the premises as his dwelling.
(Added 29 of 1983s.15)

(2A) (a) For the purposes of subsection (2)(b)-

'landlord or principal tenant includes one or more landlords or principal
tenants, holding the premises jointly or in common, with the other
landlord or landlords or principal tenant or tenants so holding
assenting to an order for possession; and





'his father, his mother or any son or daughter of his' includes the father,
mother, son or daughter of one or more landlords or principal
tenants, holding the premises jointly or in common, with the other
landlord or landlords or principal tenant or tenants so holding
assenting to an order for possession. (Added 29 of 1983 s. 15)

(b)For the purpose of subsection (2)(d), a tenant or sub-tenant who
persistently fails to pay rent as and when it falls due may be regarded as
causing unnecessary inconvenience to the landlord or principal tenant, as
the case maybe. (Added 39 of 1979s.14)

(3) For the purposes of subsection (2)(e) or (2)(h), where a landlord
establishes a prima facie case that there has been an apparent change in the
occupancy of the premises or of any part thereof, the tenant shall be deemed to
have sublet such premises or such part unless he satisfies the Tribunal to the
contrary. (Amended 29 of 1983 s. 15)

(4)(a) An order for possession under subsection (2) shall take effect on such
date as the Tribunal may order:

Provided that-

(i) in a case where a person acquires a right which, but for section 52
and this section, would entitle him to occupy premises which are subject
to a tenancy or sub-tenancy and the Tribunal makes an order for
possession on the grounds mentioned in subsection (2)(b) before the
expiry of a period of 12 months from the date of the acquisition, the
Tribunal shall not make the order to take effect either earlier than 12
months or later than 18 months from the date of the acquisition; and

(ii) in any other case, the Tribunal shall not make an order for
possession to take effect later than 6 months from the date of the order.

(b)Subparagraph (i) of paragraph (a) shall not have effect in relation to a case
where a person entered into an enforceable contract to acquire the right
mentioned in that paragraph before 19 June 198 1981; and in that case
subparagraph (ii) of paragraph (a) shall apply.

(c)When making an order for possession under subsection (2), the Tribunal
may also order the payment of rent or mesne profits. (Replaced 52 of
1981 s. 5)

(d)When making an order for possession under subsection (2)(b), the
Tribunal shall specify the name of the person for whose occupation it is
satisfied the premises are required. (Added 29 of 1983 s. 15)

(4A) Subject to subsection (2)(b), where an application for an order for
possession is made on the ground mentioned in that subsection and the Tribunal is
satisfied that only part of the premises is reasonably required, the Tribunal shall

(a)in a case where any tenant or sub-tenant is willing to remain in
possession of the remainder of the premises in terms of an order made
under subparagraph (ii)-





(i) make an order for possession of such part of the premises as the
Tribunal thinks fit having regard to those reasonable requirements and all
the circumstances of the case; and

(ii) make such orders under subsection (411) in relation to the remainder
of the premises as it thinks fit; or

(b)in any other case, make an order for possession of the whole of the
premises. (Added 29 of 1983 s. 15)

(4B) Notwithstanding subsections (5), (6) and (6A), where the Tribunal makes
an order for possession under subsection (4A) in relation to only part of the
premises, it may, in relation to the remainder of the premises

(a)apportion that remainder for occupation by the tenant and any sub-
tenant, by the tenant alone or by any sub-tenant alone as may be just and
equitable;

(b)having regard to the terms and conditions of the existing tenancy or sub-
tenancy and subsection (6B)(b), fix the terms and conditions of the
tenancy or sub-tenancy under which the remainder apportioned under
paragraph (a) shall be occupied. (Added 29 of 1983 s. 15)

(5) Where a tenant has, in breach of the contractual tenancy, sublet the whole
or any part of the premises, an order for possession of the premises under
subsection (2) against the tenant shall also operate as an order for possession
against the sub-tenant whether or not that sub-tenant is a party to the proceedings
in which that order is granted. (Replaced 76 of 1981 s. 36. Amended 40 of 1984 s.
19)

(6) Where a tenant has, without breach of the contractual tenancy, sublet the
whole or any part of the premises, the Tribunal shall not make any order for
possession under subsection (2) against the sub-tenant unless

(a)the Tribunal makes the order on the ground mentioned in paragraph (b) or
(e) of subsection (2); or

(b)the Tribunal is satisfied that, if the application had been by the tenant for
an order for possession against the sub-tenant, the tenant would have
been entitled to such an order. (Replaced 76 of 1981 s. 36)

(6A) Where the Tribunal makes an order for possession against the tenant but
does not make an order for possession against a sub-tenant to whom the premises
or any part has been sublet, the sub-tenant shall become the tenant of the landlord
on the same terms, subject to this Part, as the sub-tenant held from the principal
tenant:

Provided that, where a part only of the premises would remain in the
possession of a sub-tenant or sub-tenants if an order were made under this
subsection, the Tribunal, on the application of the landlord, shall, either, order the
sub-tenant or the sub-tenants jointly to accept a tenancy of the whole premises on
the same terms, subject to this Part, as the principal tenant held from the landlord or
make an order for possession of the whole premises. (Added 76 of 1981 s. 36)

(6B) (a) Any tenancy or sub-tenancy arising under subsections (4A) and (4B)
or subsection (6A) shall be a tenancy or sub-tenancy to which this Part
applies and which is continuing under section 52(1).





(b)Where a sub-tenant becomes the tenant of a landlord under subsections
(4A) and (4B) or subsection (6A), any subletting on or after 10 June 1983
under that tenancy by that tenant, without the written permission of the
landlord. shall be in breach of the contractual tenancy.

(e)For the purposes of section 64, the date of a tenancy or sub-tenancy
arising under subsections (4A) and (4B) shall be the date of the order of
the Tribunal.

(d)Section 64 shall have effect in relation to a tenancy arising under
subsection (6A) as it would have had effect in relation to the subtenancy
from the principal tenant if that sub-tenancy had continued. (Added 29 of
1983 s. 15)

(6C) (a) Where a landlord believes that a tenant may have, without breach of
the contractual tenancy, sublet the whole or any part of the premises and
the landlord is unable, with reasonable diligence. to ascertain the identity
of any such sub-tenant, the Tribunal may. on an ex parte application by
the landlord, make an order calling upon any sub-tenant to give notice to
the landlord of his interest in the premises and may give directions
regarding the service of that order.

(b)Where any sub-tenant fails, within the period specified in the order
mentioned in paragraph (a), to give notice to the landlord of his interest in
the premises, the Tribunal may, when it makes an order for possession of
the premises against the tenant, also make an order for possession against
any sub-tenant. (Added 40 of 1984 s. 19)

(7) Subject to subsection (7A), a person-

(a)who has obtained an order for possession of premises under subsection
(2)(b) or (e) shall not for a period of 24 months after the date of that order

(i) let the premises or any part thereof, or

(ii) assign, transfer or part with possession of the premises or any part
thereof except, in a case of an order for possession under subsection
(2)(a), where the assignment, transfer or parting with possession is
solely to facilitate the rebuilding of the premises; and

(b)who has obtained an order for possession under subsection (2)(b) shall
not for a period of 24 months after the date of that order use, or allow the
use of, the premises or any part thereof other than as a residence for the
person for whose occupation the Tribunal was satisfied the premises were
required under that subsection. (Replaced 29 of 1983 s. 15)

(7A) (a) Where an applicant has obtained an order for possession under
subsection (2)(b) or (c)

(i) the Tribunal may authorize him to let. assign, transfer or part with
possession of the premises or any part thereof or use, or allow the use of,
the premises or any part thereof other than as a residence for the person
for whose occupation the Tribunal was satisfied the premises were
required under subsection (2)(b); and





(ii) the Commissioner may, on an application accompanied by such fee
as may be determined by the Financial Secretary, authorize the applicant
to let the premises or any part thereof for a particular purpose and for a
term not exceeding 1 year or to use, or allow the use of, for a period not
exceeding 1 year, the premises or any part thereof for a particular purpose
other than as a residence for the person for whose occupation the
Tribunal was satisfied the premises were required under subsection
(2)(b). (Amended 29 of 1983 s. 15; 32 of 1985s.12)

(b)The Tribunal or Commissioner, when granting an authority under
paragraph (a) to let, shall specify the terms, including the rent, on which
the premises or the part may be let:

Provided that the rent shall not be more than that payable by the
tenant or sub-tenant last in possession. (Replaced 76 of 1981 s. 36)

(7B) Without prejudice to subsection (8), a person who contravenes
subsection (7) commits an offence and is liable on conviction on indictment to a
fine of $500,000 and in addition, on a second or subsequent conviction, to
imprisonment for 12 months, and in any case to forfeit a sum not exceeding the
equivalent of

(a)in the case of a contravention of subsection (7)(a)(i), 2 years' rent
calculated at the rate at which the premises were let without the authority
of the Tribunal or the Commissioner; or

(b)in the case of a contravention of subsection (7)(a)(ii), the difference at
the date of the contravention between the market value of the premises
with vacant possession and the market value of the premises with the
former tenant or sub-tenant in possession. (Added 6 of 1980 s. 5.
Amended 29 of 1983 s. 15)

(7C) Any court which sentences a person for an offence under subsection
(7B) may, in addition to imposing a penalty under that subsection, make an order
under subsection (8) after hearing the former tenant or sub-tenant and the
defendant. (Added 6 of 1980 s. 5)

(7D) (Repealed 29 of 1983 s. 15)

(7E) A letting, assignment, transfer or parting with possession of premises or
any part thereof shall not be void, voidable or unenforceable by reason only of a
contravention of subsection (7). (Added 76 of 1981 s. 36)

(7F) Where, in an application for possession of premises under subsection (2),
the applicant alleges a ground mentioned in paragraph (b) or (c) of subsection (2)
and

(a)an order for possession is granted with the consent of the tenant or sub-
tenant; or

(b)the application does not proceed and the tenant or sub-tenant consents
to deliver up vacant possession of the premises,

the applicant shall be deemed, for the purposes of subsections (7), (7G) and (8), to
have obtained an order for possession under paragraph (b) or (c) of subsection (2);
and, in a case mentioned in paragraph (b) of this subsection and





for the purposes of fixing the commencement of the period mentioned in subsection
(7), the date of the order shall be deemed to be the date upon which the application
for possession is issued from the Tribunal. (Added 76 of 1981 s.36)

(M) Any applicant who has obtained an order for possession under paragraph
(b) or (c) of subsection (2) shall be presumed, until the contrary is shown, to have
knowledge of that order, of the application for possession, of the grounds alleged
upon which the order was obtained, of the outcome of the application and of any
consent given by the tenant or sub-tenant in connection with the order or the
delivery of vacant possession. (Added 76 of 1981 s. 36)

(8) Where a landlord or principal tenant has obtained an order for possession
of the premises under subsection (2) and it is subsequently made to appear to the
Tribunal that the order was obtained by the misrepresentation or concealment of
material facts or where such landlord or principal tenant is shown to have acted in
contravention of subsection (7), the Tribunal or, as the case may be, the court
referred to in subsection (7C) may order the landlord or principal tenant to pay to the
former tenant or sub-tenant such sum as it thinks fit by way of compensation for
damage or loss sustained by that tenant or sub-tenant as a result of the order.
(Amended 32 of 1985 s. 12) [cf. U.K. 1968 c. 23 s. 19]

(9) Where a tenant or sub-tenant successfully opposes an order for possession
of the premises under subsection (2) and it is subsequently made to appear to the
Tribunal that the opposition was successful by reason of the misrepresentation or
concealment of material facts, the Tribunal may order the tenant or sub-tenant to
pay to the landlord or principal tenant such sum as it thinks fit by way of
compensation for damage or loss sustained by the landlord or principal tenant as a
result of that opposition. (Added 76 of 1981 s. 36)

(Amended 76 of 1981 s. 36)

Restriction on order for possession for rebuilding

53A. (1) The Tribunal shall not make an order for possession of premises on
the ground mentioned in paragraph (c) of section 53(2) unless, in addition, it is
satisfied that

(a)the rebuilding will result in an increase in the number of dwellings or in
accommodation for domestic use or in accommodation for other than
domestic use; and, if for other than domestic use, the site of the premises
is suitable for the intended use; or

(b) the rebuilding is in the public interest; or

(c)the expenditure required to restore or repair the premises would not be
economically reasonable,

and, where the approval or authority of any person is required in respect of the
rebuilding, the Tribunal may

(i)state that it is satisfied as mentioned in paragraph (c) of section 53(2) and
this subsection, if that be the case;

(ii) postpone the hearing of the application to enable the landlord or principal
tenant to apply for that approval or authority; and





(iii) if that approval or authority is obtained, but not otherwise, make an
order for possession of the premises.

(2) Where the Tribunal grants an order for possession on the grounds
mentioned in paragraph (e) of section 53(2), it may impose any reasonable
condition on the landlord in relation to his intention to rebuild the premises and
shall order that compensation be paid to the tenant and-

(a)that plans of the new building showing the number and size of any
dwellings to be erected be lodged with the Tribunal and that the new
building be erected to provide that number of dwellings; and

(b)that the rebuilding work (including any demolition that is required) be
commenced, and the new building be ready for occupation, on the
dates ordered. (Amended 29 of 1983 s. 16; 32 of 1985 s. 13)

(2A) For the purposes of any review under section 11 A 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 subsection (2). (Added 29 of 1983 s. 16)

(3) The Commissioner shall cause an order of the Tribunal under this
section to be registered by memorial in the Land Office against the premises
affected and the conditions imposed under subsection (2) shall be binding on
and enforceable against any successors in title to the landlord.

(4)(a) The compensation ordered by the Tribunal under subsection (2)
shall be the sum of-
(i) an amount equal to twice the rateable value of the premises;
(ii) an amount equal to the expenditure actually and reasonably
incurred or to be reasonably incurred by the tenant and any sub-
tenant in respect of the packing, removal and transportation within
Hong Kong of the furniture and movable property kept in the
premises; and
(iii) an amount equal to the loss actually and reasonably incurred
or to be reasonably incurred by the tenant and any sub-tenant in
respect of carpets, curtains and fittings. (Replaced 40 of 1984 s. 20)

(b)Where a tenant has sublet premises or any part of premises, the
compensation payable under this subsection shall be apportioned by
the Tribunal so that a sub-tenant shall be entitled to receive a portion
of the compensation payable under paragraph (a) which is just and
equitable. (Amended 40 of 1984 s. 20)

(e)Where it appears that premises or any part of premises is sublet, the
Tribunal may call upon the Commissioner for a certificate as to which
part of the premises is occupied by a sub-tenant and such a certificate
purporting to be signed by or on behalf of the Commissioner shall be
admissible in evidence for the purposes of paragraph (b) upon its mere
production without further proof, subject to the right of any party,
including any sub-tenant, to cross-examine the Commissioner or a
public officer in his department nominated by the Commissioner for
that purpose.

(d) For the purposes of this subsection-





'premises' means the subject matter of a tenancy; and

'rateable value' has the meaning given to that phrase by section 50(10).

(e)The method of calculating the compensation mentioned in paragraph (a)
may be amended by resolution of the Legislative Council. (Replaced 40 of
1984 s. 20)

(5)(a) Where there is a breach of a condition imposed under paragraph (a) of
subsection (2) which results in fewer dwellings or less accommodation
being erected than appeared in the plans lodged, the Tribunal may, on the
application of the Commissioner, impose a penalty of a sum not exceeding
what would have been the market value, at the time of the imposition, of
the building if it had been erected in accordance with the plans.

(b)Where there is a breach of a condition imposed under paragraph (b) of
subsection (2), the Tribunal may, on the application of the Commissioner,

(i) where the applicant for an order for possession holds the premises
under a Crown lease or other tenancy from the Crown, decree such breach
to be a breach of covenant in the Crown lease or of a condition or
stipulation in the tenancy and a right of re-entry under the Crown Rights
(Re-entry and Vesting Remedies) Ordinance (Cap. 126) shall accrue to the
Crown; or

(ii) in any case, impose a penalty not exceeding the market value of the
premises at the time of the imposition of the penalty.

(c)Where there is a breach of any other condition imposed under subsection
(2), the Tribunal may, on the application of the Commissioner, impose a
penalty of a sum not exceeding $500,000.

(6) In this section, 'dwelling' has the meaning given to that phrase by section
50C(I).

(Added 76 of 1981 s. 37)

Increases in Rent

54. (Repealed 40 of 1984 s. 21)

Alterations in rent by agreement

55. (1) Where an alteration in rent is agreed between a landlord and a tenant the
landlord shall lodge with the Commissioner a notice thereof in triplicate in the
specified form signed by both the landlord and tenant. (Amended 6 of 1980 s. 7; 29 of
1983 s. 18; 32 of 1985 s. 14)

(1A) A notice under subsection (1) shall not be valid unless-

(a) (i) it is signed by the tenant not earlier than 1 month before the date

on which it is lodged with the Commissioner; and

(ii) the alteration of rent to which it relates takes effect neither earlier
than 1 month before, nor later than 6 months after, the date on which the
notice is so lodged; or





(b)the notice is endorsed by the Commissioner, the application for which
endorsement shall be accompanied by a fee of 5500, to the effect that he is
satisfied that the tenant understands the effect of the alteration in rent and
has not been subject to any undue pressure or influence. (Replaced 40 of
1984 s. 22. Amended 32 of 1985 s. 14)

(2) Where a notice is lodged with the Commissioner under subsection (1), he
shall record the agreement concerning the alteration in rent and shall endorse free of
charge on 2 copies of the notice a statement to that effect and shall return 1 copy to
the landlord and 1 copy to the tenant. (Amended 29 of 1983 s. 18)

(3) Where there is an increase in rent under an agreement mentioned in
subsection (1), a landlord shall not be entitled to maintain an action to recover rent
at the increased rate unless a valid notice mentioned in that subsection is endorsed
by the Commissioner under subsection (2). (Replaced 40 of 1984 s.22)

(4) The security of tenure afforded to a tenant under section 52(4)(a) shall apply
where the rent payable by the tenant is increased by agreement, notwithstanding
the failure of the landlord to lodge notice thereof under subsection (1).

(5) Where, on 18 December 1979, a tenant was in possession of premises under
a tenancy agreement which provided for the rent payable by the tenant to be varied
during the term of the tenancy by reference to fixed and ascertained periods of time,
any alteration in rent pursuant to that tenancy agreement shall take effect as if this
section had not been enacted, save that where the alteration takes effect on or after
18 December 1979 the security of tenure afforded to a tenant by section 52(4)(a)
shall extend to such tenancy as if the rent had been altered under this Part. (Replaced
6 of 1980 s. 7. Amended 29 of 1983 s. 18)

Increase in rent on account of improvements

55A. (1) Where the landlord of any premises incurs expenditure of $5,000 or
more on improvements to such premises, the landlord may, subject to subsection (2),
increase the rent payable in respect of those premises by 20% per annum of the
amount expended on the improvements.

(2) Where rent is increased under this section the increase shall not take effect
except in pursuance of a notice of increase in the specified form served by the
landlord on the tenant, specifying the increase and the date from which it is to take
effect.

1 (3) The date specified in a notice of increase under subsection (2) shall be not
earlier than the first day when rent becomes due after the expiry of one month from
the service of the notice.

(4) Where the landlord of any premises incurs expenditure of $5,000 or more on
improvements to such premises and those premises comprise 2 or more tenements
then the amount expended shall be apportioned between the tenements and the rent
payable in respect of any tenement may be increased in accordance with this
section by reference to the part of the expenditure apportioned to it.

(5) Subject to subsection (6), in determining the amount of expenditure incurred
on improvements expenditure incurred in the 6 months immediately prior to the date
of service of the notice of increase under subsection (2) may be aggregated.





(6) No account shall be taken of-

(a) (i) in the case of a tenancy of premises to which this Part applied prior to 18
December 1979, expenditure incurred prior to 9 July 1976;

(ii) in any other case, expenditure incurred prior to 18 December 1979;
(Replaced 6 of 1980 s. 8)

(b)expenditure in respect of which an increase in rent has previously been
made under this section.

(7) Where a landlord serves on a tenant a notice of increase under subsection
(2), the landlord shall send a copy of that notice to the Commissioner.

(8) A tenant on whom a notice of increase in rent is served under this section
may, not later than one month after the service of the notice, apply to the Tribunal
for an order cancelling or reducing the increase on the ground

(a) that the improvement was unnecessary:

Provided that where the premises the subject of the improvement
comprise 3 or more tenements and more than two-thirds of the tenants of
those premises (other than sub-tenants) have consented in writing to the
improvement, the improvement shall be deemed to be necessary;

(b)that a greater amount was expended on the improvement than was
reasonable; or

(c)where the increase follows an apportionment under subsection (4), that the
apportionment was unreasonable,

and the Tribunal may make an order accordingly. (Amended 76 of 1981 s. 40)

(9) In this section-

'improvement' includes structural alteration, extension or addition and the
provision of additional fixtures and fittings, but does not include anything
done by way of decoration or repair;

'landlord' includes principal tenant;

'tenant' includes sub-tenant.

(Added 56 of 1976 s. 5)
[cf. U.K. 1968 c. 23 ss. 25 & 381

Increase in rent on account of rates

56. (1) Where-

(a)a landlord bears the rates in respect of any premises the subject of a
tenancy and there is an increase in the amount of rates payable; or

(b)rates are imposed in respect of any such premises and the landlord bears
those rates,

the landlord may, subject to subsection (2), increase the amount of rent payable by
the tenant of those premises by the amount of the increase in rates or by the
amount of the rates imposed, as the case may be.

(1A) For the purpose of subsection (1)(b), rates shall be deemed not to be
imposed where rates become payable by reason only that the premises cease to





be exempt from assessment to or payment of rates under section 36 of the Rating
Ordinance (Cap. 116). (Added 29 of 1983s.19)

(2) Where the amount of rent is increased under this section the increase shall
not take effect except in pursuance of a notice of increase in the specified form
served by the landlord on the tenant, specifying the increase and the date from
which it is to take effect.

(3) The date specified in a notice of increase under subsection (2) shall not be
earlier than

(a)the date from which the increased rates or the rates imposed, as the case
may be, are payable; or

(b) 24 months prior to the date of service of the notice,

whichever is the later. (Replaced 29 of 1983 s. 19)
(Replaced 10 of 1975 s. 9)

Increase in rent following apportionment

56A. (1) Where section 56(1) applies in respect of any premises and the
premises form part of a tenement or consist of, or form part of, more than one
tenement, the landlord may, if he cannot agree with the tenant an increase in rent of
the tenancy, apply to the Commissioner in the specified form for a certificate under
subsection (2).

(2) On receipt of an application under subsection (1) the Commissioner shall
make such apportionment or aggregation of rates as he considers necessary to
determine the amount of rates attributable to the premises and shall serve on the
landlord and on the tenant certificates in the specified form stating the amount by
which the rent may be increased.

(3) Where the Commissioner has served a certificate under subsection (2), the
rent of the tenancy may be increased, in accordance with section 56, by the amount
shown in the certificate.

(Added 10 of 1975 s. 10. Amended 93 of 1975 s. 15)

Application for certificate of increase in rent

57. (1) Where a landlord wishes to increase the rent payable by his tenant, he
may apply to the Commissioner for a certificate.

(2) An application under subsection (1) shall be made by sending a notice in
duplicate in the specified form to the Commissioner.

(3) Where the Commissioner is of the opinion that, having regard to section 64,
no increase in rent is due, or such increase in rent is not due within a period of 6
months from the date of receipt of the application under subsection (1), he may
decline to deal with such application or defer dealing with such application until it
appears to him that the increase in rent is due within a period of 6 months,

(4) Subject to subsection (3), upon receipt of an application under subsection
(1) the Commissioner shall serve a copy thereof on the tenant.





(5) Within 14 days of service on him under subsection (4) of a copy of the
landlord's application the tenant may send his representations thereon in writing to
the Commissioner.

(6) Where the Commissioner receives representations from a tenant under
subsection (5) which indicate that the tenant disputes any fact set out in the
application of the landlord, he shall determine the facts in dispute and shall then
deal with the application in accordance with section 58.

(For savings and transitional provisions see Ord. No. 39 of 1979 s. 25(2)

Certificates of increase in rent

58. (1) Where a landlord applies for a certificate under section 57, the
Commissioner shall

(a)if satisfied that the prevailing market rent exceeds the current rent paid by
the tenant, issue free of charge and serve on the landlord and on the tenant
certificates in the specified form stating the amount, as ascertained in
accordance with subsection (2), by which the current rent may be
increased; or

(b)if not satisfied that the prevailing market rent exceeds the current rent paid
by the tenant, issue free of charge and serve on the landlord and on the
tenant certificates in the specified form to that effect,

and he may endorse on the certificates such matters as he thinks proper relating to
such application, which, in the case of a dispute as to facts, shall include the
Commissioner's determination thereof under section 57(6). (Amended 5 of 1975 s. 2;
29 of 1983 ss. 20 & 46)

(2) The amount mentioned in subsection (1)(a) shall be-

(a)the difference between the prevailing market rent and the current rent; or

(b) 30% of the current rent,

whichever is the lesser:

Provided that v ere he sum of the amount so ascertained and the current
rent is less than 60% of the prevailing market rent, the amount shall be the
difference between 60% of the prevailing market rent and the current rent.
(Replaced 29 of 1983 s. 20. Amended 40 of 1984 s. 23; 32 of 1985 s. 15; 37 of
1986 s. 3)

(2A) Any cents in the amount ascertained or adjusted in accordance with
subsection (2) shall be disregarded. (Added 29 of 1983 s. 20)

(3) The percentages mentioned in subsection (2) may be amended by
resolution of the Legislative Council. (Replaced 29 of 1983 s. 20. Amended 40 of
1984 s. 23)

(4) Where a certificate has been issued under subsection (1)(b) in relation to
any premises, no further application under section 57 in respect of those premises
shall be made by the person to whom the certificate has been issued before the
expiration of 1 year from the date of service of the certificate.

(5)-(6) (Repealed 6 of 1980 s. 9)





Review

59. (1) Where the Commissioner issues a certificate under section 58, the
landlord or the tenant may within 14 days of service on him of the certificate apply
to the Commissioner by notice in duplicate in the specified form for a review of the
certificate.

(2) On receipt of an application under subsection (1) and such fee as may be
determined by the Financial Secretary, the Commissioner shall review his certificate
issued under section 58 and, after giving both parties the opportunity of making
written submissions, he may affirm the certificate or cancel it and issue a new
certificate under that section, and shall serve a notice of his decision on the parties.
(Replaced 76 of 1981 s. 41. Amended 32 of 1985 s. 16; 77 of 1988s.6)

(3) (Repealed 32 of 1985 s. 16)

(4) The Commissioner may, at the time of any review under subsection (2),
determine the date from which any increase in rent shall take effect, and, if he makes
such determination, shall include such determination in the notice of decision
served under subsection (2). (Replaced 76 of 1981 s. 41. Amended 77 of 1988 s. 6)

Appeal

60. Any person aggrieved by a decision of the Commissioner under section 59
may, within 1 month of the service of the notice of the decision, appeal to the
Tribunal which may make such order thereon as it thinks fit.

(Replaced 76 of 1981 s. 42. Amended 77 of 1988 s. 7)

Notices of increases

61. (1) Unless the Commissioner has made a determination under section 59(4)
or the Tribunal has made an order under section 60 regarding the date from which an
increase in rent shall take effect, an increase in rent specified in a certificate issued
under section 58(1)(a) shall not take effect except in pursuance of a notice of
increase in the specified form served by the landlord on the tenant, specifying the
date from which the increase is to take effect. (Amended 5 of 1975 s. 5; 77 of 1988 s.
8)

(2) Where a landlord serves a notice of increase on the tenant under
subsection (1) he shall, at the same time, send a copy of the notice to the
Commissioner.

(3) The date specified in a notice under subsection (1) shall not, subject to
section 64, be earlier than the first day when rent becomes due after the expiration
of 1 month from the service of the notice.

(4) Notwithstanding this section, where proceedings on a review under
section 59 or an appeal under section 60 are not concluded on the date specified in
a notice under subsection (1), the failure by the tenant or sub-tenant to pay the
increase in rent prior to the conclusion of such proceedings shall not be a breach of
covenant to pay rent nor give rise to a right to forfeiture.





Application of certain sections to sub-tenancies

62. Sections 55, 57, 58, 59, 60 and 61 shall apply to a sub-tenancy and any
references therein to landlord and tenant shall be construed, for this purpose, as
references to principal tenant and sub-tenant respectively.
(Replaced 76 of 1981 s. 43. Amended 40 of 1984 s. 24)

Increase in rent of sub-tenancy on account of rates

63. (1) Where-

(a)a principal tenant bears the rates in respect of any premises the subject
of a tenancy out of which a sub-tenancy has been created and there is
an increase in the amount of rates payable;

(b)rates are imposed in respect of any premises the subject of a tenancy
out of which a sub-tenancy has been created and the principal tenant
bears those rates; or

(c)the rent of a tenancy has been increased under section 56 or 56A and a
sub-tenancy has been created out of that tenancy,

the principal tenant may, if he cannot agree with the sub-tenant an increase in
rent of the sub-tenancy, apply to the Commissioner in the specified form for a
certificate under subsection (2).

(1A) For the purposes of subsection (1)(b), rates shall be deemed not to be
imposed where rates become payable by reason only that the premises cease to
be exempt from assessment to or payment of rates under section 36 of the
Rating Ordinance (Cap. 116). (Added 29 of 1983 s. 21)

(2) On receipt of an application under subsection (1) the Commissioner
shall make such apportionment or aggregation of the rates as he considers
necessary to determine the amount of rates attributable to the premises the
subject of the sub-tenancy and shall serve on the principal tenant and on the
sub-tenant certificates in the specified form stating the amount by which the rent
of the sub-tenancy may be increased.

(3) Where the Commissioner has served a certificate under subsection (2),
the rent of the sub-tenancy may be increased by the amount shown in the
certificate, but the increase in rent shall not take effect except in pursuance of a
notice of increase in the specified form served by the principal tenant on the
sub-tenant specifying the date from which the increase is to take effect.

(4) The date specified in a notice of increase under subsection (3) shall be
not earlier than-

(a)the date from which the increased rates or the rates imposed, as the
case may be, are payable;

(b)the date on which the increase in rent of the principal tenancy on
account of rates became payable; or

(c)24 months prior to the date of service of the notice of increase on the
sub-tenant,

whichever is the later. (Amended 29 of 1983 s. 21)
(Replaced 10 of 1975 s. 11)





Increase in rent of sub-tenancy on account of improvements

63A. (1) Where the rent of a tenancy has been increased under section 55A
and a sub-tenancy has been created out of that tenancy, the principal tenant may,
subject to subsection (3), increase the rent payable by the subtenant by such
appropriate amount as may be agreed between them.

(2) In the absence of any agreement between the principal tenant and his sub-
tenant under subsection (1), the Commissioner may, on an application in the
specified form, determine the amount by which the rent payable by the sub-tenant is
to be increased, and after any such determination, shall serve a notice of his
determination on both parties. (Replaced 77 of 1988 s. 9)

(3) Where the rent payable by a sub-tenant is increased following a
determination of the Commissioner under this section the increase shall not take
effect except in pursuance of a notice of increase in the specified form served by the
principal tenant on the sub-tenant, specifying the increase and the date from which
it is to take effect.

(4) The date specified in a notice of increase under subsection (3) shall be such
date as shall be determined by the Commissioner.

(5) Where a principal tenant serves on a sub-tenant a notice of increase under
subsection (3), the principal tenant shall send a copy of that notice to the
Commissioner.

(6) Any person aggrieved by the determination of the Commissioner under
subsection (2) may, within 1 month of the service of the notice of determination
under subsection (2), appeal to the Tribunal which may make such order thereon as
it thinks fit. (Added 76 of 1981 s. 44. Amended 77 of 1988s.9)

(Added 56 of 1976 s. 7. Amended 76 of 1981 s. 44)

Effective date for increases

64. (1) No increase in rent in any tenancy pursuant to a certificate under section
58 or 59 or to an order of the Tribunal under section 60 or in any sub-tenancy under
section 62 shall take effect within a period of 2 years frorn- (Amended 76 of 1981 s.
45)

(a)the date on which the rent of the tenancy or sub-tenancy was last
increased, whether or not such increase was by agreement; or

(b) the date of the tenancy or sub-tenancy,

whichever is the later. (Replaced 6 of 1980 s. 11)

(2)-(4) (Repealed 6 of 1980 s. 11)

(5) Where a tenancy or sub-tenancy was created after 18 December 1979 or, in
the case of a tenancy or sub-tenancy to which this Part applied immediately before
that date, at any time after 14 December 1973 or where the rent of a tenancy or sub-
tenancy has been increased under section 55 or pursuant to a certificate under
section 58 or 59 or an order of the Tribunal under section 60. or under section 62 and
the rent of the tenancy or sub-tenancy has been increased or further increased
pursuant to a certificate under section 58 or 59 or an order of the Tribunal under
section 60, or under section 62, no order





shall be made for the recovery of any increased rent or for the recovery of
possession for non-payment thereof unless the landlord or principal tenant
satisfies the court that 2 years has or will have elapsed between the commence-
ment of the tenancy or sub-tenancy or the previous increase in rent and the date
on which the increase or further increase takes effect. (Amended 6 of 1980
s. 11; 76 of 1981 s. 45)

(6) For the purposes of this section rent shall, until the contrary is proved,
be deemed to have been increased if the tenant or sub-tenant has made any
payments, other than rates, to the landlord or the principal tenant, and such
additional payments have been made as a condition of the right to occupation
of the premises.

(7) Any increase in rent under section 55A or 63A shall not be an increase
in rent for the purposes of this section. (Added 29 of 1983 s. 22)

Provision of rent receipts

65. (1) A landlord shall give to his tenant, and a principal tenant shall
give to his sub-tenant, at the time that the tenant or sub-tenant pays his rent, a
receipt for the amount of rent paid and the receipt shall contain-

(a)the name and address of the landlord or principal tenant or the agent
thereof, as the case may be;

(b) the period in respect of which such rent was paid; and

(c) the date of payment.

(2) A landlord or principal tenant who fails to comply with subsection (1)
shall be guilty of an offence and shall be liable on conviction to a fine of $2,000.

Obligation to notify subletting of premises

66. (1) Where the whole or any part of any premises is sublet, the tenant
of the premises shall, within 14 days of being so required by his landlord, supply
his landlord with a statement in writing of the subletting showing--- (Amended
6 of 1980 s. 12; 32 of 1985 s. 17)

(a) the name of the sub-tenant;

(b) the part of the premises occupied by the sub-tenant;

(c) the rent payable by the sub-tenant; and

(d) the date of first occupation by the sub-tenant.
(Replaced 5 of 1975 s. 6)

(2) A tenant who is required to supply a statement in accordance with
subsection (1) and who, without reasonable excuse-

(a) fails to supply a statement; or

(b) supplies a statement which is false in any material particular,

shall be guilty of an offence and shall be liable on conviction to a fine of $2,000.

67. (Repealed 29 of 1983 s. 23)





General

Proceedings in, and jurisdiction of, court or Tribunal

68. (1) Subject to subsections (1A) and (2), neither the Commissioner nor any
public officer employed in the Rating and Valuation Department shall be called to
give evidence in proceedings before the court or the Tribunal and no subpoena
shall be issued against the Commissioner or such public officer. (Amended 93 of 19
75 s. 17; 76 of 1981 s. 46)

(1A) The Commissioner or any public officer employed in the Rating and
Valuation Department may be called to give evidence in any proceedings under
sections 51(8),53,53A and 60. (Added 93 of 1975s.17. Amended 76 of 1981 s.46)

(2) Notwithstanding subsection (1), a subpoena duces tecum may be issued
against the Commissioner requiring him to produce in any proceedings an
application under section 51(4), 51(4A), 56A(I), 57(1), 59(1) or 63(1), and a subpoena
issued under this subsection shall be deemed to be complied with by the production
of any document specified in the subpoena by any public officer employed in the
Rating and Valuation Department. (Amended 10 of 1975 s. 13; 39 of 1979 s. 16; 76
of 1981 s. 46)

(3)-(5) (Repealed 76 of 1981 s. 46)

(6) The court shall have the jurisdiction conferred on it by this Part
notwithstanding anything in the District Court Ordinance (Cap. 336).

(7) Subject to section 68A, any determination or order, other than a conviction,
of the court or the Tribunal under this Part shall be final. (Replaced 93 of 1975 s. 17.
Amended 76 of 1981s.46)

Appeal on point of law

68A. (1) Any party to proceedings before the court or the Tribunal may appeal
to the Court of Appeal against a determination or order other than a conviction of
the court or the Tribunal on the ground that such determination or order is
erroneous in point of law. (Amended 92 of 1975 s. 59; 76 of 1981 s.47)

(2) An appeal under this section shall be-

(a)in the case of an appeal from the court, subject to any rules made under
the Supreme Court Ordinance (Cap. 4); and

(b)in the case of an appeal from the Tribunal, subject to the provisions of,
and any rules made under, the Lands Tribunal Ordinance (Cap. 17).
(Replaced 76 of 1981 s. 47)

(Added 93 of 1975 s. 18)

Costs

68B. In any proceedings under this Part, the Tribunal shall not make any order
as to costs against a party unless that party has conducted his case in a frivolous
or vexatious manner.

(Added 76 of 1981 s. 48)





69. (Repealed 76 of 1981 s. 49)

Exercise of powers of Commissioner

70. (1) The Commissioner may, for the purposes of this Part-

(a)serve on any person a requisition in the specified form requiring him to
furnish to the Commissioner, within such reasonable period as the
Commissioner may specify in the form, the particulars reasonably required
by the Commissioner by the requisition; (Amended 40 of 1984s.25)

(b)require the landlord, tenant or sub-tenant or former landlord, tenant or sub-
tenant of any premises to exhibit to him all documents relating to the
tenancy and user of the premises, including leases, receipts for rent, rent-
books and accounts, and the Commissioner may take copies of those
documents;

(c)at any reasonable time, with the consent of the occupier, enter and inspect
any premises and take such measurements and other particulars as he
thinks fit;

(ca) require the occupier or other person in control of the premises, following
not less than 24 hours notice in writing delivered at the premises, to allow
the Commissioner to enter and inspect those premises at any reasonable
time and take such measurements and other particulars as he thinks fit;
(Added 40 of 1984 s. 25)

(d)after the expiry of not less than 24 hours notice in writing to the occupier
of the premises or, if the occupier cannot be found, to the landlord or
other person in control of the premises, enter at any reasonable time
during day-light (using such force as may be necessary) and inspect any
premises and take such measurements and other particulars as he thinks
fit. (Replaced 29 of 1983 s. 24)

(2) Any public officer or class of public officer employed in the Rating and
Valuation Department and authorized in writing in that behalf by the Commissioner
may exercise any of the powers and perform any of the duties conferred or imposed
on the Commissioner by this Part.

Refusal to furnish information and obstruction

70A. (1) Any person who, without reasonable excuse

(a)refuses or neglects to furnish any of the particulars specified under section
70(1)(a);

(b)refuses or neglects to exhibit any document he is required to exhibit under
section 70(1)(b);

(c)refuses to allow the Commissioner to take copies of any document
exhibited under section 70(1)(b); or

(d)obstructs or evades the exercise of any power under section 70(1)(c), (ca)
or (d), (Replaced 40 of 1984 s. 26)

commits an offence and is liable to a fine of $10,000 and to imprisonment for 3

months.(Added 29 of 1983 s. 25. Amended 40 of 1984 s. 26)





(2) Where the Commissioner is frustrated or obstructed in the exercise of any
power under section 70(1)(c), (ca) or (d), he may apply to the court for an order
authorizing him to enter and inspect the premises concerned and exercise his powers
and requiring the landlord, tenant, sub-tenant, occupier or person having control of
the premises to allow the Commissioner to enter and inspect those premises and
exercise his powers; and the court shall have jurisdiction to make such order as it
thinks fit. (Added 40 of 1984 s. 26)

(3) An application under subsection (2) may be made at the conclusion of any
proceedings in respect of an alleged offence under subsection (1) (whether or not
any person is convicted) or independently of any such proceedings. (Added 40 of
1984 s. 26)

(4) In this section, 'court' means the District Court, the Tribunal or a
magistrate. (Added 40 of 1984 s. 26)

Harassment

70B. (1) Any person who unlawfully deprives a tenant or sub-tenant of
occupation of any premises commits an offence and is liable on conviction on
indictment to a fine of $500,000 and, in addition, on a second or subsequent
conviction, to imprisonment for 12 months.

(2) Any person who, with intent to cause a tenant or sub-tenant-

(a) to give up occupation of any premises or part of premises; or

(b)to refrain from exercising any right or pursuing any remedy in respect of
any premises or part of premises,

does any act calculated to interfere with the peace or comfort of the tenant or sub-
tenant or members of his household or persistently withdraws or withholds services
reasonably required for occupation of the premises as a dwelling commits an offence
and is liable on conviction on indictment to a fine of $500,000 and, in addition, on a
second or subsequent conviction, to imprisonment for 12 months.

(3) Where a person is convicted of an offence under subsection (1) or (2), the
court, in addition to passing sentence, may order the person convicted to pay to the
tenant or sub-tenant such sum as it thinks fit by way of compensation for damage,
loss or inconvenience suffered by the tenant or sub-tenant by reason of the acts
constituting the offence and to forfeit to the Crown a sum not exceeding the
equivalent of the difference at the date of the contravention between the market
value of the premises with vacant possession and the market value of the premises
with the former tenant or sub-tenant in possession.

(Added 29 of 1983 s. 25)

False statement

70C. Any person who, in any document required under this Part to be lodged
with or served on the Commissioner, makes a false statement, knowing it to be false
or not believing it to be true, commits an offence and is liable to a fine of $5,000.

(Added 40 of 1984 s. 27)





Forms

71. (1) The Commissioner may specify the forms to be used under this Part.

(2) The Commissioner may publish in the Gazette any form specified by him
under subsection (1).

(3) The Commissioner may in his discretion accept any notice or application
served on him which is not in the specified form.

Enlargement of time

72. The Commissioner may extend any time fixed by this Part for the making of
any application to him or for the lodging of any document with him except a notice
under section 55.

(Amended 40 of 1984 s. 28)

73. (Repealed 76 of 1981 s. 50)

Service of notice

74. (1) Service of any notice, application, certificate or other document under
this Part or of a notice to quit in respect of a periodic tenancy, or sub-tenancy, to
which this Part applies may be effected- (Amended 40 of 1984s.29)

(a) by personal service;

(b)by post, addressed to the last known place of business or residence of the
person to be served; (Amended 39 of 1979 s. 17,,29 of 1983 s. 26)

(c)in the case of service on a tenant or sub-tenant, by leaving the notice,
application, certificate or other document with an adult occupier of the
premises in which the tenant or sub-tenant resides and to which such
document relates; or

(d)by affixing a copy of it to a prominent part of the premises to which it
relates. (Added 29 of 1983 s. 26)

(2) A certificate purporting to be signed by a person who states in that
certificate that he effected service under subsection (1) shall be prima facie evidence
of the facts stated therein relating to that service. (Added 29 of 1983 s.26)

Saving

74A. Nothing in this Part shall

(a)authorize any increase in rent in respect of a tenancy or sub-tenancy
which is not a tenancy or sub-tenancy continuing under section 52(1); or
(Replaced 40 of 1984 s. 30)

(aa) (Repealed 76 of 1981 s. 51)

(b)subject to section 53(1)(c), (4A), (4B) (5), (6), (6A) and (6B), afford to any
sub-tenant any security of tenure greater than that enjoyed by his

principal tenant.(Amended 76 of 1981 s. 51; 29 of 1983 s. 27)





Expiry of this Part

74B. (1) Subject to section 52(4), this Part shall expire at midnight on 18
December 1989.(Amended 56 of 19 76 s. 8; 39 of 1979 s. 18; 6 of 1980 s. 14; 52
of 1981 s. 10; 29 of 1983 s. 28; 32 of 1985 s. 18; L.N. 202187) ~

(2) The Legislative Council may by resolution amend subsection (1) by
substituting for the date specified therein such date as may be specified in the
resolution. (Added 32 of 1985 s. 18)

Provisions transitional to the enactment of the Landlord and
Tenant (Consolidation) (Amendment) Ordinance 1980
74C. For the avoidance of doubt it is hereby declared that-

(a) where prior to 18 December 1979 a tenant or sub-tenant-

(i) was in possession of premises under a tenancy or sub-tenancy
which became subject to this Part on that date by virtue of the Landlord
and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980); and

(ii) made an agreement with his landlord or principal tenant for a new
tenancy or sub-tenancy of the premises to commence on or after 18
December 1979, or for a continuation of the existing tenancy or sub-
tenancy at an increased rent to take effect on or after that date,

he shall be entitled to the benefits and protection afforded by this Part as
if the agreement had not been made;

(b) where a tenant or sub-tenant-

(i) was immediately prior to 18 December 1979 in possession of premises
under a tenancy or sub-tenancy which was subject to this Part, or which
became subject to this Part on that date by virtue of the Landlord and
Tenant (Consolidation) (Amendment) Ordinance 1980; and

(ii) made an agreement with his landlord or principal tenant on or after
18 December 1979 and before the commencement of the Landlord and
Tenant (Consolidation) (Amendment) Ordinance 1980 for an increase in
rent,

the amount of rent recoverable by the landlord or principal tenant shall be
the amount so agreed, whether or not any notice has been lodged under
section 55;

(c)where a tenant or sub-tenant has paid by way of rent any amount which,
by virtue of the Landlord and Tenant (Consolidation) (Amendment)
Ordinance 1980, is not recoverable by the landlord or principal tenant, the
tenant or sub-tenant shall be entitled to recover the amount from the
landlord or principal tenant who received it or from his personal
representatives.

(Added 6 of 1980 s. 15)
(Part II replaced 78 of 1973 s. 21)





PART 111

DISTRESS FOR RENT

Interpretation and Application

Interpretation

75. In this Part, unless the context otherwise requires-

'Collector of Rates' has the meaning assigned to it in section 2 of the Rating
Ordinance (Cap. 116); (Added 37 of 1986s.4)

'court' means the District Court;

'rateable value' means-

(a)in the case of premises being a tenement included in a valuation list
maintained by the Collector of Rates under section 14A of the Rating
Ordinance, the rateable value shown in that list; or

(b)in any other case, the rateable value certified under section 75A; (Added
37 of 1986 s. 4)

'Registrar' means the Registrar of the District Court;

'warrant' means a warrant of distress for arrears of rent.

(Amended 5 of 1924 Schedule; 13 of 1966 Schedule)

Certificate as to rateable value

75A. For the purposes of ascertaining the rateable value of any premises in
connection with any application under section 101 a certificate purporting to be
under the hand of an officer of the Rating and Valuation Department not below the
rank of Rent Officer showing in respect of any particular day

(a)in the case of premises being a tenement included in a valuation list
maintained by the Collector of Rates under section 14A of the Rating
Ordinance (Cap. 116), the rateable value shown in that list; or

(b)in any other case, whether or not the rateable value of those premises
exceeds the sum mentioned in section 101(1),

shall be admissible in any proceedings on its production and without further proof
and shall be prima facie evidence of the facts stated therein.

(Added 3 7 of 1986 s. 5)

Application of this Part

76. The provisions of this Part shall extend to New Kowloon and to any other
land exempted from Part 11 of the New Territories Ordinance (Cap. 97),
notwithstanding anything contained in that Ordinance.

(Replaced 9 of 1950 Schedule)





Jurisdiction

Issuing of warrants of distress

77. The court shall have jurisdiction to issue warrants of distress for arrears of
rent in all cases, without respect to the value of the property on which the rent is to
be levied and without respect to the amount of rent to be levied.

(1 of 1883 s. 1 incorporated)

Penalty for unauthorized distress

78. (1) No distress shall be levied for arrears of rent except under the
provisions of this Part.

(2) Any person, not being a bailiff or officer acting under this Part, who levies
or attempts to levy any such distress shall be liable on summary conviction to a fine
of $500 or to imprisonment for 3 months, in addition to any other liability which he
may have incurred by his proceedings. (1 of 1883 s. 2 incorporated. Amended 51 of 1911
s. 4; 21 of 1912; 22 of 1950 Schedule)

Limitation of time for issue of warrant

79. No warrant shall be issued in any case for arrears of rent due for more than
12 months at the time of the application.

(1 of 1883 s. 5 incorporated)

Fees

80. No fees shall be taken or demanded for distress under this Part except those
prescribed in the Fourth Schedule.

(]of 1883 s. 4 incorporated. Amended 50 of 1911; 62 of 1911 Schedule)

Making of distress

Application for warrant

81. Any person claiming to be entitled to arrears of rent, or his duly constituted
attorney or agent, may apply for a warrant.

(1 of 1883 s. 6 incorporated)

Form of affidavit

82. Every application for a warrant shall be supported by an affidavit in Form 1
in the Fifth Schedule, sworn in like manner as other affidavits in the court.

(]of 1883 s. 8 incorporated. Amended 50 of 1911;51 of 1911;20 of l948
s.4)





Issue of warrant

83. A warrant in Form 2 in the Fifth Schedule maybe issued by ajudge or, in the
absence of any judge from the court house, by the Registrar, returnable within 6
days and addressed to a bailiff of the court.

(]of 1883 s. 9 incorporated. Amended 50 of 1911;62 of 1911; 20 of 1948
s.4)

Refusal of warrant

84. The judge or Registrar to whom application is made may, on examination of
the person applying for a warrant, decline to issue the same.

(1 of 1883 s. 10 incorporated. Amended 50 of 1911; 51 of 1911; 62 of
1911 Schedule; 63 of 1911 Schedule)

Appeal from refusal

85. (1) If a judge declines to issue a warrant, application may be made to the
Court of Appeal under section 14 of the Supreme Court Ordinance (Cap. 4).
(Amended 92 of 1975 s. 58)

(2) If the Registrar declines to issue a warrant, application may be made to a
judge in the first instance. A deputy registrar may, however, refer any application to
the Registrar.

(1 of 1883 s. 11 incorporated. Amended 50 of 1911; 51 of 1911; 62 of
1911 Schedule; 63 of 1911 Schedule)

Time for making distress

86. Every distress shall be made after sunrise and before sunset, and not at any
other time, except by special leave of the court or a judge.

(1 of 1883 s. 12 incorporated. Amended 50 of 1911; 62 of 1911
Schedule)

Property liable to seizure

87. In pursuance of a warrant, a bailiff shall seize the movable property found in
or upon the house or premises mentioned in the warrant, and in the Apparent
possession of the person from whom the rent is claimed (hereinafter called the
debtor), or such part thereof as may, in the bailiff's judgment, be sufficient to cover
the amount of the rent, together with the costs of the distress. (1 of 1883 s. 13
incorporated. Amended 8 of 1928 s. 2)

Property not liable to seizure

88. A bailiff shall not seize-

(a) things in actual use, in the hands of a person at the time of seizure; or

(b)tools and implements not in use, where there is other movable property in
or upon the house or premises sufficient to cover the amount of the rent
and costs; or

(c) goods of a temporary guest at an inn; or





(d) goods of a lodger at a furnished lodging-house; or

(e) the debtor's necessary wearing apparel; or

(f) goods in the custody of the law; or

(g)goods delivered to a person or firm exercising a public trade, to be carried,
wrought, worked up, or managed in the way of the trade or employ of
such person or firm. (Replaced 8 of 1928 s. 3)

(1 of 1883 s. 14 incorporated)

Making of inventory on seizure

89. On seizing any property under section 87, the bailiff shall make an
inventory and appraisement of such property, and shall give a copy of such
inventory and appraisement together with a notice in Form 3 in the Fifth Schedule,
to the debtor or to any other person on his behalf, in or upon the said house or
premises.

(1 of 1883 s. 15 incorporated. Amended 20 of 1948 s. 4)

Filing of inventory, etc.

90. The bailiff shall, as soon as may be, file in the court copies of the inventory
and appraisement and notice given under section 89.

(1 of 1883 s. 16 incorporated)

Entry, and forcible entry

91. (1) A bailiff or officer appointed to execute a warrant may break open inner
doors.

(2) If he is denied admittance to any building in respect of which he has a
warrant to distrain after declaring his name and business, or if, after waiting a
reasonable time, no person answers or is in the building, he may apply to the court
for authority to break open outer doors and windows, so far as may be necessary to
enable him to execute the warrant.

(3) The court, on being satisfied, by the affidavit of the bailiff or officer, that
there are no reasonable means of executing the warrant without breaking open the
outer doors or windows, may grant an order in writing, addressed to a bailiff,
authorizing him to break open, or have broken open, the doors and windows.

(4) Before executing such order, however, the bailiff shall inform any person in
or about the building that he has such order and that he is about to act on it, unless
the doors or windows are opened. (Amended 50 of 1911)

(1 of 1883 ss. 17 & 18 incorporated)

Impounding of property seized

92. The bailiff may impound or otherwise secure the property seized in or on
the house or premises chargeable with the rent or may remove same.

(1 of 1883 s. 19 incorporated)





Discharge of Warrant

Discharge or suspension of warrant or release of distress

93. (1) The debtor, or any other person alleging himself to be the owner
of any property seized under this Part, may, at any time within 5 days from such
seizure, apply to the court to discharge or suspend the warrant or to release a
restrained article; and the court may discharge or suspend the warrant or release
the article, on such terms as it may think just.

(2) An applicant under subsection (1) shall give to the person who
obtained the warrant and the bailiff who executed it 24 hours' notice of the
application. The notice shall set out the facts on which the claim is founded and
the facts shall be verified by affidavit.
(1 of 1883 s. 20 incorporated)

Costs of application

94. The costs attending an application under section 93 and the costs
attending the issue and execution of the warrant shall be in the discretion of the
court, and shall be paid as the court directs.
(1 of 1883 s. 21 incorporated)

Wrongful distress

95. If any claim is made to or in respect of any property seized under a
warrant, or in respect of the proceeds or value thereof, by any person not being
the debtor, the Registrar, on the application of the bailiff who seized the
property, may issue a summons calling before the court the claimant and the
person who obtained the warrant, and thereupon any action which may have
been brought in respect of such claim shall be stayed, and the court, on proof of
the service of such summons and that the property was so distrained, may order
the plaintiff to pay the costs of all proceedings in such action after the service of
such summons.
(1 of 1883 s. 22 incorporated)

Adjudication in case of wrongful distress

96. (1) Every claim under section 95 shall be verified by affidavit setting
out the facts on which it is founded. (Amended 51 of 1911)

(2) When so verified the court shall adjudicate thereupon, and make such
order between the parties in respect thereof, and of the costs of the proceedings,
as it thinks fit.

(3) An order under subsection (2) shall be enforced as if it were an order
made in an action brought in the court.
(1 of 1883 s. 23 incorporated)

Compensation for wrongful distress

97. (1) In any case under section 93 or 95, the court may, if a claim for
compensation is made at the time of application, and if it appears to the court





that the landlord or bailiff had no reasonable ground for believing that the goods
were properly distrainable, award such compensation by way of damages to the
applicant or claimant, as the case may be, as the court thinks fit, and may for that
purpose make any inquiry it thinks necessary.

(2) The order of the court awarding or refusing compensation under subsection
(1) shall bar any action in respect of injury caused by the distress.

(1 of 1883 s. 24 incorporated)

Power to allow time for payment of rent

98. The court may, at any time, on the application of the debtor and on
reasonable notice being given of the application to the person who obtained the
warrant, give time to the debtor to pay the rent due from him, on such terms as it
may think just and reasonable.

(]of 1883 s. 25 incorporated. Amended 50 of 1911; 62 of 1911 Schedule)

Sale of Distress

Mode of sate of distress

99. (1) In default of any order to the contrary, the distrained property shall be
sold on the day mentioned in the notice given under section 89 and the sale shall be
conducted at such place and time and by such auctioneer or bailiff as the Registrar
may direct.

(2) The auctioneer or bailiff shall, on realizing the proceeds, pay over the
amount thereof to the court, and such amount shall be applied first in payment of
the costs of the distress, and then in satisfaction of the debt; and the surplus, if any,
shall be returned to the debtor.

(1 of 1883 s. 26 incorporated)

Right of debtor as to manner of sale

100. The debtor may require that the sale shall take place in any other manner
than that directed by the Registrar, on giving security for any extra costs or loss
thereby, or that, in the opinion of the Registrar, may be thereby occasioned.

(1 of 1883 s. 27 incorporated)

Deserted Premises

Case of deserted premises, where no distress left

101. (1) If a tenant of premises with a rateable value not exceeding $30,000 at the
time of an application for a warrant under this section is in arrears for 2 months and
deserts the demised premises and leaves the same uncultivated or unoccupied, so as
no sufficient distress can be had to countervail the arrears of rent, the court may, on
the application of the lessor or landlord or his agent and on information upon oath,
issue its warrant authorizing any bailiff to enter on the premises, breaking any doors,
windows, or gates, if necessary; and, if the





premises are found to be deserted with no sufficient distress therein, to place the
same in charge of a bailiff and to affix a notice thereon, in a conspicuous place, that,
unless cause to the contrary is shown before the court within 10 days, the premises
will be given over to the applicant. (Amended 37 of 1986 s. 6)

(2) If no such cause is shown, the court may, on proof of the fact of desertion,
of non-payment of at least 2 months' rent last due, of want of sufficient distress, and
that the applicant is the lessor or landlord of the premises or entitled under this Part
to a warrant, make an order directing a bailiff to put the applicant in possession of
the premises, and the demise shall become void.

(3) The Legislative Council may by resolution amend the sum mentioned in
subsection (1). (Added 37 of 1986s.6)

(1 of 1883 s. 28 incorporated)
[cf. U.K. 1737 c. 19 s. 16 & 1817 c. 52]

Rules as to Distress

Distress for arrears of rent on determination of lease

102. Arrears of rent may be distrained for after the end or determination of any
term or lease at will, in the same manner as if such term or lease had not been ended
or determined:

Provided that such distress is made during the continuance of the possession
of the tenant from whom such arrears became due.

(1 of 1883 s. 29 incorporated)

Priority of landlord's right

103. No personal property shall be removed from any premises under any writ
from any court, other than writs in Crown suits, until the claim for rent due to the
landlord or lessor or person entitled to receive the rent is satisfied:

Provided that such claim shall not in any case exceed the amount due for 6
months' rent last due.

(1 of 1883 s. 30 incorporated)

[cf. U.K. 1709 c. 18 or c. XIV]

Property seized under writ or warrant of High Court or the
District Court

104. (1) If personal property, otherwise liable to distress for rent, is, at the time of
the issue of a warrant or thereafter before seizure by the bailiff under the warrant,
seized under any writ or warrant of the High Court or the District Court, the bailiff
shall not seize the personal property, but shall return the warrant into court and
deliver copies thereof to the execution creditor or his agent and to the debtor, either
personally or by leaving the same at the place where the goods were seized.
(Amended 1 of 1953 Fourth Schedule; 92 of 1975 s.59)

(2) The execution creditor or debtor or either of them may apply to the court to
discharge or suspend the warrant within the time and in the manner





mentioned in section 93, and if no application is made within the prescribed time, the
Registrar shall, out of the first money to be received by him from the officer
executing the writ or warrant, pay over to the person obtaining the warrant the
amount thereof*

Provided that if the amount mentioned in the warrant exceeds the amount due
for 6 months' rent, the Registrar shall pay the amount of rent due for 6 months and
the costs and no more.

(1 of 1883 s. 31 incorporated)

Distraint after satisfaction of execution

105. If any execution is paid off after the issue of a warrant, the bailiff shall
immediately execute the warrant.

(1 of 1883 s. 32 incorporated)

Persons who may apply for warrant

106. The following persons may, either personally or by their attorneys or
agents, apply for warrants to distrain for arrears of rent due to the estates
represented by them; that is to say

(a)executors or administrators of any lessor or landlord or person entitled to
receive rents;

(b) guardians for infants;

(c) committees of lunatics for the lunatics;

(d)receivers appointed by courts for the estate over or for which they are
appointed;

(e) assignees and trustees in bankruptcy for the estate of the bankrupt;

(f) mortgagees for the property mortgaged, if the mortgagee is in possession;

(g) trustees for the estate over which the trust extends;

(h) lessees against their underlessees; and

(i)the Registrar for premises seized under execution, if rented to tenants by
the person against whom the execution is issued, or otherwise rented so
that the rent is payable to such person.

(1 of 1883 s. 33 incorporated. Amended 72 of 1971 s. 3)

Right of one of several parties interested to institute
proceedings

107. Where a right to distrain accrues to parties jointly interested or together
interested in any premises, such as coparceners, joint tenants, tenants in common,
executors, administrators, trustees, guardians, partners, or otherwise, proceedings
under this Part may be taken by any one of such parties, in his own name and the
name or names of those jointly or together interested with him, and the levying of
rent so distrained for shall be a complete discharge to the tenant for the rent or for
so much thereof as may be so levied; and the party so levying shall be liable to
account to the parties having the interest jointly or together with him for all sums so
levied:





Provided that if, in any particular case, it appears to the court or to the Registrar
to be advisable to do so, the court or the Registrar may require the party so applying
to produce a written authority to distrain, signed by one or more of the persons
jointly or together interested with him. (Amended 50 of 1911; 62 of 1911 Schedule)

(1 of 1883 ss. 34 & 35 incorporated)

Removal of property under distraint

108. No property found at the time of distraint in or on any premises as to which
an ear of rent is due shall be removed from the premises without the consent of the
person issuing the warrant, or by direction of the Registrar, until satisfaction is
made for the rent due, if the arrear has accrued during the current tenancy, and if at
any time the property would have been liable to distraint for rent under this Part;
and the landlord or lessor shall be entitled to require the bailiff, on giving the bailiff
a sufficient indemnity, to the satisfaction of the Registrar, to follow the property, if
removed, and seize the same under the warrant, whether or not the property was
afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge, or
otherwise.

(1 of 1883 s. 36 incorporated)

Following property liable to seizure and removed

109. If the tenant or lessee or person in possession or occupation of any
premises on which there is an arrear of rent due, recoverable by distress, removes or
carries away, or causes or permits to be removed or carried away, from the premises
any movable property liable to be seized for such rent, so as to prevent or hinder the
bailiff from distraining the same, the court may, on application verified by affidavit,
authorize the bailiff to whom the warrant to distrain for the rent on such premises is
addressed, and the officers acting with him, to follow and to take and seize the
property as a distress for the arrears of rent, wherever the same may be found, at any
time within 30 days from the day of its removal, exclusive of the day of removal, and
to deal with the property so removed in the same way as if it had been found on the
premises, and, if advisable to do so, to place the same again in the premises:

Provided that the bailiff may, without such authority, follow and seize any such
property found by him in the act of being removed from any such premises, and
before the same is placed in any other house or building.

(1 of 1883 ss. 37 & 38 incorporated)

Restoration of property removed but bona fide sold

110. If the property or any part thereof so removed or carried away under section
108 or 109 has been sold bona fide and for a sufficient consideration, before or after
removal from the premises distrained, to any person not knowing and not having the
means of knowing that the same was liable to distraint for rent, or was removed or
carried away, or was to be removed or carried away, so as to prevent or hinder the
landlord or lessee from distraining the same, or so much thereof as has been so sold,
shall be restored by the bailiff distraining or by the court on application under
section 93.

(1 of 1883 s. 39 incorporated)





Fraudulent removal of property by tenant

111. Any tenant or lessee or person in possession or occupation who
fraudulently removes or carries away movable property under section 108 or 109,
and any person who wilfully and knowingly aids or assists such tenant or lessee or
person in such fraudulent removal or carrying away, shall be deemed to be guilty of
a misdemeanor.

(1 of 1883 s. 40 incorporated)

Protection against irregularity in proceedings

112. Where any distress is made for any sum of money to be levied by virtue of
this Part, the distress itself shall not be deemed unlawful, nor the party making the
same be deemed a trespasser, on account of any defect or want of form in the
proceeding relating thereto, nor shall the party distraining be deemed a trespasser
from the beginning on account of any irregularity which may afterwards be
committed by the party so distraining, but the person aggrieved by such irregularity
may recover satisfaction for the special damages in an action under section 97.

(1 of 1883 s. 42 incorporated)

General

Exclusion of Crown rents

113. Nothing in this Part shall be held to apply to rents due to the Crown.

(1 of 1883 s. 43 incorporated)

Power to amend Schedules

114. The Governor may by notice published in the Gazette amend the Fourth
Schedule and the Fifth Schedule in any manner whatsoever.

(Added 17 of 1929 s. 2. Amended 72 of 1973 s. 2)

PART IV

NEW TENANCIES OF DOMESTIC PREMISES

Interpretation and Application

Interpretation
115. (1) In this Part, unless the context otherwise requires-

'Commissioner' means the Commissioner of Rating and Valuation;

'current tenancy' means a tenancy which is subsisting (whether or not continued
by section 117) at the time when a notice is served under section 119(1) or a
request made under section 119A(I);

'date of termination' means the date stated in a notice served under section 119(1)
as the date at which the tenancy is to come to an end;





'domestic tenancy' has the meaning given to that phrase by section 5 1;

'forfeiture' means forfeiture

(a) for breach of any provision of a tenancy; or

(b)under a provision of a tenancy allowing forfeiture or determination
following the destruction, or partial destruction, of or damage to the
premises; (Added 40 of 1984 s. 31)

'landlord' includes any person, other than the Crown, who is, from time to time,
entitled to receive rent in respect of any premises and, in relation to a particular
tenant, means the person entitled to receive rent from that tenant;

'notice to quit' means a notice to terminate a tenancy given in accordance with the
express or implied provisions of that tenancy;

'premises' means the subject matter of any tenancy; (Added 29 of 1983s.29)

'prevailing market rent' means 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 on which the current tenancy would, apart from
section 119N, have come to an end under section 119(1) or section 119A(5), on
the terms of the new tenancy granted under this Part, but disregarding the
effect of this Ordinance; (Amended 29 of 1983 ss. 29 & 46)

'tenancy' means a tenancy entered into orally or in writing and includes

(a) an agreement for a tenancy;

(b) a sub-tenancy; and

(c) a tenancy continued or granted under this Part;

'tenant' does not include a Crown lessee but includes

(a) a sub-tenant; and

(b)a public body, corporation, foreign or Commonwealth Government,
partnership or firm which is the tenant of premises which is the subject
matter of a tenancy to which this Part applies;

'Tribunal' means the Lands Tribunal established under the Lands Tribunal
Ordinance (Cap. 17).

(2) For the purposes of ascertaining whether a tenancy is a domestic tenancy,
section 51 shall apply to this Part as it applies to Part II

(3) No notice or application under this Part shall, for the purposes of the Land
Registration Ordinance (Cap. 128), be regarded as an instrument in writing by which
any parcel of ground, tenement or premises may be affected or as creating a lis
pendens. (Added 29 of 1983 s. 29)

[cf. U.K. 1954 c. 56 s. 461

Application of this Part

116. (1) Subject to subsections (2) and (3), this Part applies to any domestic
tenancy whether created before, on or after 19 December 1981 and notwithstanding
any provision in such tenancy, including any provision purport

ing generally or specifically to exclude this Part.(Amended 29 of 1983 s. 30)





(1A) Where Part 11 ceases to apply to a tenancy because that tenancy
becomes a tenancy mentioned in paragraph (m) of section 50(6), this Part shall apply
to that tenancy. . (Added 29 of 1983 s. 30)

(1B) Where Part 11 ceases to apply to a tenancy under section 51A or 51B, this
Part shall apply to that tenancy. (Added40 of 1984 s. 32)

(2) This Part shall not apply to any tenancy-

(a) to which Part I or Part 11 applies; or

(b)which is excluded from Part 11 by paragraph (b), (e), (d), (e) or (n) of
section 50(6), whether or not the tenancy is also excluded from Part 11 by
paragraph (1), (m) or (o), or all those paragraphs, of that section; or
(Replaced 29 of 1983 s. 30)

(e)of premises which is subsisting at the time an order under section 4 is
made in respect of those premises; or (Added 29 of 1983s.30)

(d)which is entered into under an authority under section 53(7A)(a)(ii) or an
authority by the Commissioner under section 119H(2)(a). (Added 29 of 1983
s. 30)

(3) This Part shall not apply to a tenancy entered into in writing for a term not
exceeding 1 year which is endorsed by the Commissioner under subsection (4).

(4) When the Commissioner is satisfied that a tenancy mentioned in subsection
(3)-

(a)has been entered into for a period during which, or for most of which, the
landlord will be absent from Hong Kong or for any other special reason
acceptable to the Commissioner, the landlord is unable to, or does not
wish to, occupy the premises; or

(b) is a tenancy (which is not a sub-tenancy) of premises-

(i) which are, in his opinion, fully furnished; and

(ii) in respect of which the landlord is obliged by the terms of the
tenancy to maintain and repair the premises, furnishings and fittings; or

(c) is a sub-tenancy of premises which are-

(i) in his opinion, fully furnished and in respect of which the principal
tenant is obliged by the terms of the sub-tenancy to maintain and repair
the premises, furnishings and fittings; and

(ii) under a principal tenancy which is excluded under paragraph (b),

and that the tenant or sub-tenant understands the effect of excluding the tenancy or
sub-tenancy from this Part, he may endorse the agreement to the effect that this Part
does not apply to the tenancy or sub-tenancy. (Replaced 40 of 1984 s. 32. Amended 32
of 1985 s. 19)

(4A) An application to the Commissioner for his endorsement under
subsection (4) shall be accompanied by such fee as may be determined by the

Financial Secretary.(Added 32 of 1985 s. 19)





(5)(a) The benefits and protection afforded by this Part shall, in any 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 where she or he
was residing with the tenant at the time of the tenant's death; and, for the
purposes of this Part, references to a tenant shall except in this subsection
include a reference to such widow, widower, mother, father, daughter or
son.

(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. (Added29 of 1983
s. 30)

(c)The benefits and protection afforded by this Part shall not be available to
a personal representative of a deceased 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 and that
protection. (Added 40 of 1984 s. 32)

(6) (Repealed 40 of 1984 s. 32)

Continuation and Renewal of Tenancies

Continuation of tenancies and grant of new tenancies

117. (1) A tenancy shall not come to an end unless terminated in accordance
with this Part; and a tenant may apply to the Lands Tribunal for a new tenancy

(a)if the landlord has given notice under section 119 to terminate the
tenancy; or

(b) if the tenant has made a request fora new tenancy under section 119A.

(2) Subsection (1) shall not prevent the coming to an end of a tenancy by
notice to quit given by the tenant, by surrender or forfeiture or by the forfeiture of a
principal tenancy unless

(a)in case of a notice to quit, the notice was given before the tenant had
been in occupation in right of the tenancy for 1 month; or

(b)in the case of an instrument of surrender, it was executed before, or was
executed in pursuance of an agreement made before, the tenant had been
in occupation in right of the tenancy for 1 month.

[cf. U.K. 1954 c. 56 s. 24

Notices given before this Part applies

118. (1) Where at a time when a tenancy is not one to which this Part applies, the
landlord gives notice to quit or of termination under Part V or otherwise and the
notice expires when the tenancy is one to which this Part applies, the notice shall
have no effect.

(2) This section shall not apply to re-entry where the tenant has given cause
for forfeiture.





(3) This section shall apply to notices given before 19 December 1981 as well
as after that date.

Termination of tenancy by the landlord

119. (1) Subject to section 119N, the landlord may terminate a tenancy by a
notice given to the tenant in the specified form stating the date of termination. (See
Form CR 101 in G.N. 3919 in Gazette No. 53181)

(2) Subject to subsection (3), a notice under this section shall not have effect
unless it is given not more than 7 nor less than 6 months before the date of
termination.

(3)(a) In the case of a tenancy which, apart from this Part, could have been
brought to an end by notice to quit given by the landlord, the date of
termination shall not be earlier than the earliest date on which, apart from
this Part, the tenancy could have been brought to an end by notice to quit
given by the landlord on the date of the giving of the notice under this
section.

(b)In the case of any other tenancy, a notice under this section shall not
specify a date of termination earlier than the date on which apart from this
Part the tenancy would have come to an end by effuxion of time.

(4) A notice under this section shall not have effect unless it requires the
tenant, within 2 months after the giving of the notice, to notify the landlord in the
specified form whether or not, at the date of termination, the tenant will be willing to
give up possession of the premises comprised in the tenancy. (See Form CR 102 in
G.N. 3919 in Gazette No. 53181)

(5) A notice under this section shall not have effect unless it states whether the
landlord would oppose an application to the Tribunal under this Part for the grant of
a new tenancy and, if so, also states on which of the grounds mentioned in section
11 9E he would do so.

[cf. U.K. 1954 c. 56 s. 251

Tenant's request for a new tenancy

119A. (1) A tenant under a current tenancy may make a request to the landlord
for a new tenancy. (See Form CR 103 in G.N. 3919 in Gazette No. 53181)

(2) A tenant's request for a new tenancy shall be for a tenancy beginning with
such date, not more than 7 nor less than 6 months after the making of the request, as
may be specified therein:

Provided that the date shall not be earlier than the date on which, apart from
this Part, the current tenancy would come to an end by effluxion of time or could be
brought to an end by notice to quit given by the tenant.

(3) A tenant's request for a new tenancy shall not have effect unless it is made
by notice in the specified form given to the landlord.

(4) A tenant's request for a new tenancy shall not be made if the landlord has
already given notice under section 119 to terminate the current tenancy, or if the
tenant has already given notice to quit or notice under section 119B; and no





notice under section 119 shall be given after the making by the tenant of a request
fora new tenancy. (Amended 29 of 1983 s. 31)

(5) Where the tenant makes a request for a new tenancy in accordance with this
section, the current tenancy shall, subject to sections 119M(2) and 119N, terminate
immediately before the date specified in the request for the beginning of the new
tenancy.

(6) Within 2 months of the making of a tenant's request for a new tenancy, the
landlord may give notice in the specified form to the tenant that he will oppose an
application to the Tribunal for the grant of a new tenancy; and any such notice shall
state on which of the grounds mentioned in section 119E the landlord will oppose
the application. (See Form CR 104 in G.N. 3919 in Gazette No. 53181)

[cf. U.K. 1954 c. 56 s. 261

Termination by tenant of tenancy for fixed term

119B. (1) Where the tenant under a current tenancy gives to the landlord, not
later than 1 month before the date on which, apart from this Part, the tenancy would
come to an end by effluxion of time, a notice in writing that the tenant does not
desire the tenancy to be continued, section 117 shall not have effect in relation to
the tenancy, unless the notice is given before the tenant has been in occupation in
right of the tenancy for 1 month.

(2) A tenancy which is continuing by virtue of section 117 maybe brought to an
end by not less than 1 month's notice in writing given by the tenant to the landlord,
whether the notice is given after the date on which, apart from this Part, the tenancy
would have come to an end or before that date, but not before the tenant has been
in occupation in right of the tenancy for 1 month.

[cf. U.K. 1954 c. 56 s. 271

Renewal of tenancies by agreement

119C. (1) Where the landlord and tenant agree for the grant to the tenant of a
future tenancy of the premises on terms and from a date specified in the agreement,
the current tenancy shall continue until that date but no longer and shall not be a
tenancy to which this Part applies:

Provided that an agreement for the grant of a future tenancy before the tenant
has been in occupation in right of the current tenancy for 1 month shall not be
enforceable by the landlord.

(2) Where the landlord and tenant agree for the grant to the tenant of a future
tenancy but are unable to agree the rent payable, the parties may refer the rent for
determination under section 119K and that section shall apply accordingly.

Provided that the tenant may, within 1 month of that determination, serve a
notice on the landlord declining to accept that future tenancy. (Added29of 1983s.32)

[cf. U.K. 1954 c. 56 s. 281





Application to Tribunal for new tenancy

Order by Tribunal for grant of a new tenancy

119D. (1) Subject to section 119G, on an application under section 117(1) the
Tribunal shall make an order for the grant of a new tenancy.

(2) Where an application under section 117(1) is made inconsequence of a
notice given by the landlord under section 119, the application shall not be
entertained unless the tenant has notified the landlord in accordance with that
notice that he will not be willing at the date of termination to give up possession of
the premises comprised in the tenancy.

(3)(a) No application under section 117(1) shall be entertained if it is made

(i) less than 2 months after, either, the giving of the landlord's notice
under section 119 or, as the case may be, the making of the tenant's
request for a new tenancy under section 119A; or

(ii) more than 2 months after the giving of a notice in the specified form
by the landlord to the tenant requiring the tenant to make such an
application; or. (See Form CR 105 in G.N. 3919 in Gazette No. 53181)

(iii) after the current tenancy has terminated in accordance with this
Part.

(b)A landlord shall not be entitled to give the notice mentioned in
subparagraph (ii) of paragraph (a) before the expiry of the period of 2
mouths mentioned in subparagraph (i) of that paragraph.

[cf. U.K. 1954 c. 56 s. 291

Opposition by landlord to application for new
tenancy

119E. (1) The grounds on which a landlord may oppose an application under
section 117(1) are such of the following grounds as may be stated in the landlord's,
notice under section 119, or, as the case may be, the notice under section 11 9A(6)

(a)any rent lawfully due from the tenant has not been paid or, where any
covenant or condition of the tenancy has been broken or not performed,
such breach or non-performance is, under the current tenancy, a cause of
forfeiture;

(b)the premises or any part thereof are reasonably required by the landlord
for occupation as a residence for himself, his father, his mother or any son
or daughter of his over the age of 18: (Amended 29 of 1983 s. 33)

Provided that the Tribunal shall not refuse to grant a new tenancy by
reason only of this ground if

(i) in the case of a tenancy, the tenant satisfies the Tribunal that in all
the circumstances of the case, it would manifestly not be just and
equitable to refuse to grant a new tenancy; or





(ii) in the case of a sub-tenancy, the Tribunal is satisfied, in all the
circumstances of the case, including the question whether other
accommodation is available for the principal tenant or the sub-tenant,
greater hardship would be caused by refusing to grant a new tenancy
than by granting one;

(e) the landlord intends to rebuild the premises;

(d)the tenant has caused unnecessary annoyance, inconvenience or
disturbance to the landlord or to any other person:

Provided that no ground shall be established under this paragraph
unless the Tribunal is satisfied that the annoyance, inconvenience or
disturbance had continued after a warning in writing had been served by
the landlord on the tenant causing the same;

(e)the tenant has used, or has suffered or permitted the use of, the premises
of which he is the tenant or any part thereof, for an immoral or illegal
purpose;

the tenant has sublet the whole or any part of the premises of which he is
tenant and does not occupy any part of the premises as his dwelling.
(Added 29 of 1983 s. 33)

(2) The landlord shall not be entitled to oppose an application on the ground
specified in paragraph (b) of subsection (1) if the interest of the landlord, or an
interest which has merged in that interest and but for the merger would be the
interest of the landlord, was acquired after the beginning of the period of 12 months
which ends with the termination of the current tenancy, and at all times since the
acquisition thereof the premises have been comprised in a tenancy or successive
tenancies of the description specified in section 116(1).

(M) For the purposes of subsection (1)(b)

'Iandlor' includes one or more landlords, holding the premises jointly or in
common, with the other landlord or landlords so holding assenting to the
opposition to an application under section 117(1); and

'his father, his mother or any son or daughter of his' includes the father, mother,
son or daughter of one or more landlords, holding the premises jointly or in
common, with other landlord or landlords so holding assenting to the
opposition to an application under section 117(1). (Added 29 of 1983 s. 33)

(3) For the purpose of subsection (1)(d), a tenant who persistently fails to pay
rent as and when it falls due may be regarded as causing unnecessary
inconvenience to the landlord.

[cf. U.K. 1954 c. 56 s. 30]

Additional provisions regarding opposition on ground of
intention to rebuild

119F. (1) The Tribunal shall not decline to make an order for the grant of a new
tenancy on the ground mentioned in paragraph (c) of section 119E(1) unless, in
addition, the landlord establishes that

(a)the rebuilding will result in an increase in the number of dwellings or in
accommodation for domestic use or in accommodation for other





than domestic use; and, if for other than domestic use, the site of the
premises is suitable for the intended use; or

(b) the rebuilding is in the public interest; or

(c)the expenditure required to restore or repair the premises would not be
economically reasonable,

and, where the approval or authority of any person is required in respect of the
rebuilding, the Tribunal may

(i)state that the landlord has established the ground mentioned in paragraph
(c) of section 119E(1) and one of the matters mentioned in paragraphs (a),
(b) and (c) of this subsection;

(ii) postpone the hearing of the application to enable the landlord to apply for
that approval or authority; and

(iii)if that approval or authority is obtained, but not otherwise, decline to
make an order for the grant of a new tenancy.

(2) Where a landlord successfully opposes the grant of a new tenancy on the
ground mentioned in paragraph (c) of section 119E(1), the Tribunal may impose any
reasonable condition on the landlord in relation to his intention to rebuild the
premises and shall order that compensation be paid to the tenant and

(a)that plans of the new building showing the number and size of any
dwellings to be erected be lodged with the Tribunal and that the new
building be erected to provide that number of dwellings; and

(b)that the rebuilding work (including any demolition that is required) be
commenced, and the new building be ready for occupation, on the dates
ordered. (Amended 29 of 1983 s. 34; 32 of 1985 s. 20)

(2A) For the purposes of any review under section 11 A 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 subsection
(2). (Added 29 of 1983 s. 34)

(3) The Commissioner shall cause an order of the Tribunal made under this
section to be registered by memorial in the Land Office against the premises affected
and the conditions imposed under subsection (2) shall be binding on and
enforceable against any successors in title to the landlord.

(4)(a) The compensation ordered by the Tribunal under subsection (2) shall
be the sum of

(i) an amount equal to twice the rateable value of the premises;

(ii) an amount equal to the expenditure actually and reasonably incurred
or to be reasonably incurred by the tenant and any subtenant in respect
of the packing, removal and transportation within Hong Kong of the
furniture and movable property kept in the premises; and

(iii) an amount equal to the loss actually and reasonably incurred or to
be reasonably incurred by the tenant and any sub-tenant in respect of
carpets, curtains and fittings. (Replaced 40 of 1984 s. 33)

(b)Where a tenant has sublet premises or any part of premises, the
compensation payable under this subsection shall be apportioned by





the Tribunal so that a sub-tenant shall be entitled to receive a portion of
the compensation payable under paragraph (a) which is just and
equitable. (Amended 40 of 1984 s. 33)

(e)Where it appears that premises or any part of premises is sublet, the
Tribunal may call upon the Commissioner for a certificate as to which part
of the premises is occupied by a sub-tenant and such a certificate
purporting to be signed by or on behalf of the Commissioner shall be
admissible in evidence for the purposes of paragraph (b) upon its mere
production without further proof, subject to the right of any party,
including any sub-tenant, to cross-examine the Commissioner or a public
officer in his department nominated by the Commissioner for that purpose.

(d) For the purposes of this subsection-

'rateable value' has the meaning given to that phrase by section 50(10).
(Amended 29 of 1983 s. 34)

(e)The method of calculating the compensation mentioned in paragraph (a)
may be amended by resolution of the Legislative Council. (Replaced 40
of 1984 s. 33)

(5)(a) Where there is a breach of a condition imposed under paragraph (a) of
subsection (2) which results in fewer dwellings or less accommodation
being erected than appeared in the plans lodged, the Tribunal may, on the
application of the Commissioner, impose a penalty of a sum not exceeding
what would have been the market value, at the time of the imposition, of
the building if it had been erected in accordance with the plans.

(b)Where there is a breach of a condition imposed under paragraph (b) of
subsection (2), the Tribunal may, on the application of the Commissioner,

(i) where the landlord holds the premises under a Crown lease or other
tenancy from the Crown, decree such breach to be a breach of covenant in
the Crown lease or of a condition or stipulation in the tenancy and a right
of re-entry under the Crown Rights (Re-entry and Vesting Remedies)
Ordinance (Cap. 126) shall accrue to the Crown; or

(ii) in any case, impose a penalty not exceeding the market value of the
premises at the time of the imposition of the penalty.

(c)Where there is a breach of any other condition imposed under subsection
(2), the Tribunal may, on the application of the Commissioner, impose a
penalty payable to the general revenue of a sum not exceeding $500,000.

(6) In this section, 'dwelling' has the meaning given to that phrase by section
50C(I).

New tenancy of part of premises

119FA. Subject to section 119E(1)(b), where an application under section
117(1) is opposed on the ground mentioned in section 119E(1)(b) and the Tribunal
is satisfied that only part of the premises is reasonably required, the Tribunal shall





(a)in a case where any tenant or sub-tenant is willing to accept such an
order, make an order for the grant of a new tenancy or new tenancies in
respect of such part or parts of the premises as the Tribunal thinks just
and equitable having regard to those reasonable requirements and all the
circumstances of the case; or

(b)in any other case, decline to make an order for the grant of a new tenancy.

(Added 29 of 1983 s. 35)

Dismissal of application for new tenancy where landlord
successfully opposes

119G. (1) If the landlord opposes an application under section 117(1) on
grounds on which he is entitled to oppose it in accordance with section 119E and,
subject to section 119F, establishes any of those grounds to the satisfaction of the
Tribunal, the Tribunal shall not make an order for the grant of a new tenancy.

(2) Where the Tribunal does not make an order for the grant of a new tenancy
on a ground specified in paragraph (b) of section 119E(1), it shall specify the name
of the person for whose occupation it is satisfied the premises are required. (Added
29 of 1983 s. 36)

[cf. U.K. 1954 c. 56 s. 311

Penalties

119H. (1) Subject to subsection (2), where the landlord successfully opposes
the grant of a new tenancy

(a)on a ground specified in paragraph (b) or (c) of section 119E(1), he shall
not, for a period of 24 months after the decision of the Tribunal declining
to make an order for the grant of a new tenancy

(i) let the premises or any part thereof, or

(ii) assign, transfer or part with possession of the premises or any part
thereof except, in a case specified in paragraph (c) of section 119E(1),
where the assignment, transfer or parting with possession is solely to
facilitate the rebuilding of the premises; and

(b)on a ground specified in paragraph (b) of section 1 19E(1), he shall not, for
a period of 24 months after the decision of the Tribunal declining to make
an order for the grant of a new tenancy, use, or allow the use of, the
premises or any part thereof other than as a residence for the person for
whose occupation the Tribunal was satisfied the premises were required
under that subsection. (Replaced 29 of 1983 s. 37)

(2)(a) Where a landlord successfully opposes the grant of a new tenancy on
the ground specified in paragraph (b) or (c) of section 119E(1), the
Tribunal may authorize the landlord to

(i) let the premises or any part thereof, or

(ii) assign, transfer or part with possession of the premises or any part
thereof, or





(iii) use, or allow the use of, the premises or any part thereof other than
as a residence for the person for whose occupation the Tribunal was
satisfied the premises were required under paragraph (b) of section
119E(1),

and the Commissioner may, on an application accompanied by such fee as
the Financial Secretary may determine, authorize the landlord to let, use or
allow the use of the premises as mentioned in subparagraph (i) or (iii) for a
term not exceeding 1 year. (Replaced 29 of 1983s.37. Amended 32 of
1985s.21)

(b)The Tribunal or the Commissioner, when granting an authority under
paragraph (a) to let, shall specify the terms, including the rent, on which
the premises or the part are to be let:

Provided that the rent shall not be more than that payable by the
tenant last in possession.

(3) Without prejudice to subsection (9), a landlord who contravenes
subsection (1) commits an offence and is liable on conviction on indictment to a fine
of $500,000 and in addition, on a second or subsequent conviction, to imprisonment
for 12 months, and in any case to forfeit a sum not exceeding the equivalent of

(a)in the case of a contravention of subsection (1)(a)(i), 2 years' rent
calculated at the rate at which the premises were let without the authority
of the Tribunal or the Commissioner; or

(b)in the case of a contravention of subsection (1)(a)(ii), the difference, at
the date of the contravention, between the market value of the premises
with vacant possession and the market value of the premises with the
former tenant in possession. (Amended 29 of 1983 s. 37)

(4) Any court which sentences a landlord for an offence under subsection (3)
may, in addition to imposing a penalty under that subsection, make an order under
subsection (9) after hearing the former tenant and the defendant.

(5) (Repealed 29 of 1983 s. 37)

(6) A letting, assignment, transfer or parting with possession of premises or
part thereof shall not be void, voidable or unenforceable by reason only of a
contravention of subsection (1).

(7) Where, in his opposition to an application for a new tenancy under section
117, the landlord alleges a ground mentioned in paragraph (b) or (c) of section 11
9E(I) but the application does not proceed and the tenant consents to deliver up
vacant possession of the premises, the landlord shall be deemed, for the purposes
of subsections (1), (8) and (9), to have successfully opposed the grant of a new
tenancy on a ground specified in paragraph (b) or (c) of section 119E(1); and, for the
purposes of fixing the commencement of the period mentioned in subsection (1), the
date of the decision of the Tribunal declining to make an order for the grant of a new
tenancy shall be deemed to be the date on which the landlord filed with the Tribunal
his opposition to the grant of a new tenancy. (Amended 32 of 1985 s. 21)

(8) A landlord who has successfully opposed the grant of a new tenancy on a
ground specified in paragraph (b) or (c) of section 119E(1); shall be





presumed, until the contrary is shown, to have knowledge of that opposition, of the
application for a new tenancy, of the grounds alleged upon which the application
was opposed, of the outcome of the application and of any consent given by the
tenant or sub-tenant in connection with the delivery of vacant possession.

(9) Where a landlord successfully opposes the grant of a new tenancy under
section 119E(1); and it is subsequently made to appear to the Tribunal that the
opposition was successful by reason of the misrepresentation or concealment of
material facts or where the landlord is shown to have acted in contravention of
subsection (1), the Tribunal or, as the case may be, the court referred to in
subsection (4) may order the landlord to pay to the former tenant such sum as it
thinks fit by way of compensation for damage or loss sustained by that tenant as a
result of that opposition. (Amended 32 of 1985 s. 21)

(10) Where a tenant obtains the grant of anew tenancy under section 119D and
it is subsequently made to appear to the Tribunal that the grant was obtained by
reason of the misrepresentation or concealment of material facts, the Tribunal may
order the tenant to pay to the landlord such sum as it thinks fit by way of
compensation for damage or loss sustained by the landlord as a result of that grant.

Duration of new tenancy

1191. Where on an application under this Part the Tribunal makes an order for
the grant of a new tenancy, the new tenancy shall be such tenancy as may be
agreed between the landlord and the tenant, or, in default of such an agreement,
shall be such a tenancy as may be determined by the Tribunal to be reasonable in all
the circumstances, being a tenancy for a term not exceeding 3 years, and shall begin
on the coming to an end of the current tenancy or such other date as may be agreed
between the landlord and the tenant or, in default of such agreement, as may be
fixed by the Tribunal: (Amended 29 of 1983 s. 38)

Provided that, if there is a principal tenancy which comes to an end within a
term of 3 years, the Tribunal shall not determine the duration of the tenancy to be
longer than the term until the principal tenancy comes to an end, less 3 days.

[cf. U.K. 1954 c. 56 s. 331

Other terms of new tenancy

119J. The terms of a tenancy granted by order of the Tribunal under this Part
(other than terms as to the duration thereof and as to the rent payable thereunder)
shall be such as may be agreed between the landlord and the tenant or as, in default
of such agreement, may be determined by the Tribunal; and in determining those
terms the Tribunal shall have regard to the terms of the current tenancy and to all
relevant circumstances.

[cf. U.K. 1954 c. 56 s. 351

Rent under new tenancy

119K. (1) The rent payable under a new tenancy granted by order of the
Tribunal shall be such as may be agreed between the landlord and tenant or as,





in default of such agreement, may be determined by the Tribunal or by a valuation
surveyor appointed by the Tribunal, to be a prevailing market rent. (Amended 29 of
1983 s. 46)

(2) The determination of the rent by the valuation surveyor shall, upon a copy
of such determination being lodged with the Tribunal and the Commissioner, be
binding on the parties.

(3) The valuation surveyor appointed under subsection (1) shall be paid such
reasonable fee by the Registrar of the Tribunal as may be determined by the
Tribunal from moneys provided by the Legislative Council.

[cf. U.K. 1954 c. 56 s. 341

Endorsement of tenancy agreement

119L. (1) Where the parties

(a)on or after 10 June 1983, enter into a tenancy to which this Part applies;

(b) agree a renewal of a tenancy under section 119C;

(c)execute a lease or agreement for a new tenancy as determined by the
Tribunal or agreed by them,

the landlord shall lodge with the Commissioner a notice in triplicate in the specified
form signed by the landlord; and the Commissioner shall endorse the fact of receipt
on 2 copies of the notice and return 1 copy to the landlord and 1 copy to the tenant.
(Replaced 29 of 1983 s. 39) (See Form CR 109 in G.N. 2215 in Gazette No. 30184)

(1A) The notice mentioned in subsection (1) may be lodged

(a) without charge, within 1 month after the event notified; or

(b)upon payment to the Commissioner of a fee of $500, at any time. (Added
40 of 1984 s. 34)

(2) Subject to section 51A (6), a landlord shall not be entitled to maintain an
action to recover rent under an agreement mentioned in subsection (1) unless a
notice relating to that agreement is endorsed by the Commissioner under that
subsection. (Amended 29 of 1983 s. 39)

(Amended 40 of 1984 s. 34)

Carrying out of order for new tenancy

119M. (1) Where under this Part, the Tribunal makes an order for the grant of a
new tenancy, then, unless the tenant serves the notice mentioned in subsection (2),
the landlord shall be bound to execute or make in favour of the tenant, and the
tenant shall be bound to accept, a lease or agreement for a tenancy of the premises
embodying the terms agreed between the landlord and the tenant or determined by
the Tribunal or the valuation surveyor in accordance with this Part; and where the
landlord executes or makes such a lease or agreement the tenant shall be bound, if
so required by the landlord, to execute a counterpart or duplicate thereof.





(2) Where the tenant, within 1 month after the determination of the terms of the
new tenancy, serves a notice in the specified form on the landlord and the Tribunal
stating that he does not wish to accept the new tenancy, the order of the Tribunal
shall have no effect and the current tenancy shall continue for such period, not
exceeding 2 months from the date of delivery of the notice to the landlord, as the
tenant shall state in the notice. (See Form CR 106 in G.N. 3919 in Gazette No. 53181)

(3) While the current tenancy continues under subsection (2), it shall not be a
tenancy to which this Part applies.

(4) During the period from the date on which the current tenancy would, apart
from section 119N, have come to an end by virtue of a notice given under section
119(1) or under section 119A(5) until

(a) the date on which the new tenancy begins; or, as the case may be,

(b)the date on which the current tenancy comes to an end under subsection
(2),

the tenant shall be liable to pay the rent fixed in respect of the new tenancy under
section 11 9K:

Provided that, if the terms of the new tenancy, apart from rent. are materially
different from the terms of the current tenancy, the Tribunal may, on the application
of either party, order that the tenant shall be liable to pay a reasonable rent which
may be lesser or greater than the rent fixed in respect of the new tenancy under
section 119K.

[cf. U.K. 1954 c. 56 s. 361

Interim continuation of tenancies pending
determination by Tribunal

119N. (1) Subject to sections 119B(2) 1191 and 119M(2), in any case where-
(Amended 29 of 1983 s. 40)

(a) a notice to terminate a tenancy has been given under section 119 or a
request for a new tenancy has been made under section 119A; and

(b)an application to the Tribunal has been made under section 117(1); and

(c)apart from this section, the effect of the notice or request would be to
terminate the tenancy before the expiration of the period of 3 months
beginning with the date on which the application is finally disposed of,

the effect of the notice or request shall be to terminate the tenancy at the expiration
of the said period of 3 months and not at any other time.

(2) The reference in paragraph (c) of subsection (1) to the date on which an
application is finally disposed of shall be construed as a reference to the earliest
date by which the proceedings on the application (including any proceedings on or
in consequence of an appeal) have been determined and any time for appealing has
expired, except that if the application is withdrawn or any appeal is abandoned the
reference shall be construed as a reference to the date of the withdrawal or
abandonment.

[cf. U.K. 1954 c. 56 s. 641





Rent where new tenancy refused etc.

119NA. (1) Where a tenant remains in possession of any premises after the date
on which the current tenancy would, apart from section 11 119N, have come to an
end by virtue of a notice given under section 119(1) or under section 119A(5) and
the Tribunal does not, for any reason, make an order for the grant of a new tenancy,
the tenant shall be liable to pay rent, as determined by the Tribunal under
subsection (2), for the period from that date until the tenant delivers up vacant
possession to the landlord.

(2) The Tribunal may, on the application of the landlord or the tenant,
determine the rent payable by the tenant under subsection (1) and the Tribunal shall
determine that rent as the rent it would have determined if it had ordered the grant of
a new tenancy of the premises for a term of 2 years and otherwise on the same terms
as the terms of the current tenancy.

(3) This section shall have effect in any proceedings pending in the Tribunal
on 10 June 1983.

(Added 29 of 1983 s. 41)

Short tenancies

1190. Where the duration of a current tenancy is such that the time limits fixed
in this Part for the giving of notices are not appropriate, the Tribunal may, on
application, fix different time limits.

Sub-tenancies

119P. (1) Where a tenant has, in breach of the current tenancy, sublet the whole
or any part of the premises and the current tenancy is terminated under this Part, the
sub-tenancy shall also terminate.

(2) Where a tenant has, without breach of the current tenancy, sublet the whole
or any part of the premises and the sub-tenant has given notice in the specified form
to the landlord of his interest in the premises, a copy of any notice or request given
or made under sections 119, 119A, 119B and 119D and a copy of the application
under section 117(1) shall be served on the sub-tenant; and

(a)if the tenant fails to make a request for a new tenancy under section 119A,
the sub-tenant may make a request for a new tenancy immediately from
the landlord;

(b)if the tenant fails to apply for a new tenancy under section 117, the sub-
tenant may apply for a new tenancy immediately from the landlord. (See
Form CR 107 in G.N. 3919 in Gazette No. 53181)

(3) Where a sub-tenant makes a request for a new tenancy under section 119A
and subsection (2), he may, in accordance with this Part, apply to the Tribunal for a
new tenancy immediately from the landlord.

(4) In any application under section 117 by the tenant fora new tenancy, a sub-
tenant to whom the premises or any part thereof has been let without breach of the
current tenancy shall be entitled to be heard.

(5) Where, in an application under section 117 by the tenant for a new tenancy,
the Tribunal does not make an order for the grant of a new tenancy to the tenant
then





(a)if the Tribunal does not make such an order because the landlord has,
under this Part, established either of the grounds mentioned in paragraph
(b) or (c) of section 119E(1); any sub-tenancy shall terminate; and

(b)if the Tribunal does not make such an order other than because the
landlord has established either of the grounds mentioned in paragraph (b)
or (c) of section 119E(1); the Tribunal shall, on the application of a sub-
tenant, make an order for the grant of a new tenancy immediately from the
landlord to the sub-tenant unless, if the application had been by the sub-
tenant for a new tenancy from the tenant, the Tribunal would not, under
section 119G, have made an order for the grant of a new tenancy:

Provided that, where a part only of the premises would remain in the
possession of a sub-tenant or sub-tenants if an order were made under
this paragraph, the Tribunal, on the application of the landlord, shall make
an order for the grant of such a new tenancy to the sub-tenant, or the sub-
tenants jointly, only of the whole premises. (Amended 32 of 1985 s. 22)

(6) Where a sub-tenant applies, under section 117 and subsection (2) or (3), for
an order for the grant of a new tenancy immediately from the landlord, the Tribunal
shall make an order granting such a tenancy unless, if the application had been by
the sub-tenant for a new tenancy from the tenant, the Tribunal would not, under
section 119G, have made an order for the grant of a new tenancy.

(7) Where the Tribunal makes an order granting to a sub-tenant a new tenancy
immediately from the landlord, the provisions of this Part shall apply as if the order
was made under section 119D.

(8) Notwithstanding any termination of a tenancy, a sub-tenancy granted
without breach of the current tenancy shall continue as between the landlord and
sub-tenant on the same terms as the sub-tenant held from the tenant in the same
way as a tenancy would continue under this Part. (Amended 29 of 1983 s.42)

(8A) Where a sub-tenant becomes the tenant immediately from the landlord,
either under a new tenancy or under subsection (8), any subletting on or after 10
June 1983 under that tenancy by that tenant, without the written permission of the
landlord, shall be a breach of a condition of the tenancy which is a cause of
forfeiture. (Added 29 of 1983 s. 42)

(9) Subject to this section, a sub-tenancy shall not subsist for longer than the
tenancy under which it was granted.

Appeals

1l9Q. (1) Any party may appeal to the Court of Appeal against a determination
of the Tribunal on an application under section 117(1) or against an order under
section 119F(5) or section 119H(9) or (10) on the ground that such determination is
erroneous in point of law.

(2) An appeal under this section shall be subject to the provisions of, and any
rules made under, the Lands Tribunal Ordinance (Cap. 17).





Costs

119R. In any proceedings under this Part, the Tribunal shall not make any order
as to costs against a party unless that party has conducted his case in a frivolous or
vexatious manner.

Provision of rent receipts

119RA. (1) A landlord shall give to his tenant, at the time that the tenant pays
his rent, a receipt for the amount of the rent paid and the receipt shall contain

(a) the name and address of the landlord;

(b) the period in respect of which such rent was paid; and

(e) the date of payment.

(2) A landlord who fails to comply with subsection (1) commits an offence and
is liable to a fine of $2,000.

(Added 29 of 1983 s. 43)

Proceedings

119S. (1) Subject to subsection (2), neither the Commissioner nor any public
officer employed in the Rating and Valuation Department shall be called to give
evidence in proceedings before the Tribunal and no subpoena shall be issued
against the Commissioner or such public officer.

(2) The Commissioner or any public officer employed in the Rating and
Valuation Department may be called to give evidence in any proceedings under
section 51(8), 117(1) or 119F(5).

(3) The District Court shall have the jurisdiction mentioned in section 119H(3)
and (4) notwithstanding anything in the District Court Ordinance (Cap. 336).

(4) Subject to section 1l9Q, any determination or order of the Tribunal under
this Part shall be final.

General provisions

120. Sections 70, 70A, 70B, 70C, 71 and 74 shall apply to this Part as they apply
to Part 11. (Amended 29 of 1983 s. 44; 40 of 1984 s. 35)

(Part IV replaced 76 of 1981 s. 52)

PART V

TENANCY (NOTICE OF
TERMINATION)

Interpretation
120A. In this Part, unless the context otherwise requires-

'business premises' means premises which are not domestic premises;





'Commissioner' means the Commissioner of Rating and Valuation; (Added 39 of
1979 s. 20)

'current rent means the rent, exclusive of rates, payable by a tenant at the date of an
application under section 124B(1); (Added 39 of 1979 s.20)

'domestic premises' means premises the subject of a separate letting (including any
bed-space, cubicle, room, floor or portion of a floor or building) which are used
wholly or primarily for human habitation:

Provided that the following shall not be deemed to be domestic premises
within the meaning of this definition

(a)any building or portion of a building which is used for habitation only by
caretakers or watchmen not exceeding 2 in number;

(b)any building or portion of a building which is used for habitation only by
office attendants or their families;

(c)any particular portion of an hotel or boarding-house which is let by the
keeper of such hotel or boarding-house to a guest of such hotel or
boarding-house;

'landlord' includes any person, other than the Crown, 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 a tenant; (Added 39
of 1979 s.20)

'notice of termination' means a notice served under section 122(1); (Added 39 of
1979 s. 20)

'premises' means the subject matter of any tenancy; (Added 39 of 1979 s. 20)

'prevailing market rent' in relation to any premises means the rent, exclusive of
rates, at which they might reasonably be expected to be let, at the date of an
application under section 124B(1), on the terms of the tenancy other than those
relating to rent and duration of the tenancy but disregarding the effect of
sections 124A to 124C; (Added 39 of 1979s.20. Amended 29 of 1983s.46)

'principal tenant' means a tenant of premises other than a Crown lessee, who has or
shall sublet any part or parts thereof as a separate holding or holdings; (Added
39 of 1979s.20)

'Tribunal' means the Lands Tribunal established under the Lands Tribunal
Ordinance (Cap. 17). (Added 76 of 1981 s. 53)

(Added 39 of 1979 s. 19)

Application

121. (1) Save as otherwise provided in this section, this Part shall apply to every
tenancy (which expression shall wherever it occurs in this Part include sub-
tenancies unless the context otherwise requires) whether the same be effected orally
or in writing and notwithstanding any provision in such tenancy, including any
provision purporting specifically to exclude the provisions of this Part.

(2) This Part shall not apply to the following---





(a)a tenancy for a fixed term of 3 years or more the agreement for which
contains no provision for earlier determination of the same other than for
breach of any of the provisions of the agreement or under a provision of
the tenancy allowing forfeiture or determination following the destruction,
or partial destruction, of or damage to the premises; (Amended 40 of 1984
s. 36)

(b) a tenancy-

(i) of premises to which Part 1 applies; or

(ii) of premises in respect of which there is in existence an order under
section 4; (Replaced 24 of 1980 s. 4. Amended 29 of 1983 s.45)

(be) a tenancy to which Part 11 applies; (Added 6 of 1980 s. 16)

(c) a tenancy to which Part IV applies;

(d)a tenancy in respect of which a valid notice to quit was given prior to 14
April 1962, including a tenancy arising by reason of a tenant holding over
in such circumstances;

(e)a tenancy of land unbuilt on, but such a tenancy shall cease to be
excluded so soon as there is built on the land in accordance with the
provisions of the agreement for the tenancy any building of a permanent
nature;

(f)a tenancy of agricultural land, which expression shall have the meaning
assigned to it by the Rating Ordinance (Cap. 116), including such a
tenancy where there exists on the land any dwelling house occupied by
persons working the land;

(g)a tenancy where the landlord is the employer and the tenant is the
employee in possession of the premises in accordance with the terms and
conditions of his employment where such terms and conditions require
him to vacate the accommodation upon ceasing to be so employed;

(h) a tenancy held from the Crown;

(i) (Repealed 29 of 1983 s. 45)

(j)a tenancy authorized by the Commissioner under section 53(7A)(a)(ii);
(Added 29 of 1983 s. 45)

(k)a tenancy in respect of which the agreement has been endorsed by the
Commissioner under section 116(4); and (Added 29 of 1983s.45)

(1) a tenancy authorized by the Commissioner under section 119H(2)(a).

(Added 29 of 1983 s. 45)

(3) This Part shall not apply to a tenancy in writing---

(a) for a fixed term not exceeding 1 year; and

(b) which-

(i) has been entered into for a period during which, or for most of which,
the landlord will be absent from Hong Kong; or

(ii) is in respect of premises which the landlord intends to rebuild and is
for a period pending that rebuilding; or





(iii) is in respect of premises normally occupied or intended to be
occupied by the landlord but is temporarily surplus to his requirements; or

(iv) is entered into in circumstances which are special having regard to
the particular purposes of the landlord and the particular needs of the
tenant. (Replaced 40 of 1984 s. 36)

(4) A dispute as to whether a tenancy is excluded under subsection (3) shall
not be justiciable in the courts but shall be determined by the Commissioner in a
summary manner on application in writing to him and his decision shall be final and
binding. (Replaced 40 of 1984 s. 36)

(5) Any public officer or class of public officer employed in the Rating and
Valuation Department and authorized in writing in that behalf by the Commissioner
may exercise the powers of the Commissioner under subsection (4). (Added 40 of 1984
s. 36)

(14 of 1962 s. 2 incorporated)

Minimum length of notice to determine tenancy

122.(1) (a) Save where vacant possession is given up or where a tenant
surrenders his tenancy in exchange for a new tenancy no tenancy, whether
existing on 14 April 1962 or created thereafter, shall cease or be determined
without a written notice of termination being served by the landlord or
tenant on the other party. (Amended 39 of 1979 s. 21; 52 of 1981 s. 12)

(b)The notice shall be served by the landlord, not less than 6 months, or by
the tenant, not less than 1 month, before the day on which it is to take
effect. (Added 52 of 1981 s. 12)

(e)A tenancy for a fixed term shall not cease at the end of that term unless
notice is served by the landlord, not less than 6 months, or by the tenant,
not less than 1 month, before that end. (Added 52 of 1981s.12)

(2) Nothing in this section shall be construed as permitting any tenancy to be
determined earlier than would have been the case had this Part not been enacted or,
subject to sections 124A to 124C, as affording any tenant any security of tenancy
beyond the period of 6 months required for a notice of termination. (Amended39 of
1979s.21;52 of 1981s.12)

(3) Where notice of termination is served on a tenant and in addition is posted
on 3 successive days, together with a copy in Chinese, upon the main door or
entrance of the premises affected, such notice of termination shall, subject to
sections 124A to 124C, take effect terminating also any sub-tenancies created under
the tenancy to which it relates. (Amended 39 of 1979 s. 21)

(4) When but for subsection (1) a tenancy would have terminated, the tenancy
shall continue

(a)at the same rent until a notice of termination expires or but for an order
under section 124B(2) would have expired; and

(b)thereafter, where an order is made under section 124B2), at a rent payable
in accordance with section 124C(1),





upon such of the covenants, conditions and other terms of the original tenancy as
are appropriate to a month to month tenancy, together with, in the absence of any
express covenant for the payment of rent and condition of forfeiture, the covenant
and condition implied in every tenancy by section 126. (Replaced 39 of 1979 s.
21)

(5) A notice of termination may be served in any manner which would
constitute effective service of a notice to quit but shall not be valid if served in
respect of any premises before they become subject to this Part. (Amended 39 of
1979 s. 21)

(6) (Repealed 76 of 1981 s. 54)

(7) Where a notice of termination served prior to 18 December 1979 is
due to expire on or after that date, and before the expiration of the notice the
tenancy becomes subject to Part 11 by virtue of the Landlord and Tenant
(Consolidation) (Amendment) Ordinance 1980 (6 of 1980), the notice of
termination shall cease to be of any effect. (Added 6 of 1980 s. 17)

(14 of 1962 s. 3 incorporated) (For savings and transitional provisions
see Ord. No. 39 of 1979 s. 25(3))

Exclusion of tenancies from this Part

123. (1) (Repealed 52 of 1981 s. 13) (For savings see Ord. No. 52 of 1981
s.13(2))

(2) The Governor in Council may in his absolute discretion by order exclude
from the further application of this Part or of any provisions contained in this Part
any class of tenancy, and class of premises or any particular tenancy or premises.
(Amended 39 of 1979 s. 22)

(3) (Repealed 52 of 1981 s. 13) (For savings see Ord. No. 52 of 1981
s.13(2))

(14 of 1962 s. 4 incorporated. Amended 18 of 1974 s.
5)

Landlord may substitute notice

124. Where subsequent to the giving of a notice by the landlord under section
122 the tenancy is excluded from the application of this Part, the landlord may
thereupon substitute for such notice a notice to quit of such duration as would
validly determine the tenancy but for the enactment of this Part. Such substituted
notice shall take effect notwithstanding the existence of the notice given under
section 122.

(14 of 1962 s. 5
incorporated)

Application of sections 124A, 124B and 124C

124A. (1) Subject to subsection (2), this section applies to business premises
which

(a) are excluded from Part 1 by section 3(1)(i); and

(b) are used partly for human habitation. (Replaced 40 of 1984 s. 37)

(2) This section does not apply to business premises which have, at any time
since the publication of the Landlord and Tenant (Consolidation) (Amendment)
Ordinance 1979 as a Bill in the Gazette, been used wholly for purposes other
than human habitation.





(3) For the purpose of determining whether premises are or have been used for
human habitation within the meaning of subsection (1)(b) or (2) the following types
of habitation shall be disregarded

(a) habitation by caretakers or watchmen;

(b) habitation by office attendants or their families;

(c)habitation by a guest of an hotel or boarding house of a particular portion
of the hotel or boarding house which is let to him by the keeper of the hotel
or boarding house.

(Added 39 of 1979 s. 23)

Tenant may apply for notice of termination not to
take effect

124B. (1) Where a tenant of premises to which section 124A applies is served
with a notice of termination, he may apply to the Tribunal not later than 3 months
before the notice of termination is to take effect for an order under subsection (2).

(2) Subject to subsection (3), upon the application of a tenant under subsection
(1), the Tribunal shall make an order that the notice of termination which has been
served upon him shall not take effect and that no further notice of termination shall
be served upon him in respect of the same premises until a period of 1 year, or such
lesser period as the Tribunal may specify, has elapsed since the first mentioned
notice was served upon him.

(3) The Tribunal shall refuse to make an order under subsection (2) if the
landlord satisfies it that

(a)the tenant has committed a breach of covenant or condition of the
tenancy which is, or would but for the service of a notice of termina- have
been, a cause for forfeiture;

(b)the premises are required by the landlord for occupation as a residence for

(i) himself;

(ii) his father or mother; or

(iii) any son or daughter of his over 18 years of age:

Provided that the Tribunal shall, notwithstanding that the
circumstances of the case fall within this paragraph, make an order under
subsection (2) if it is satisfied that, having regard to all the circumstances
of the case, including whether other accommodation is available for the
persons for whose occupation the premises are required, greater hardship
would be caused by refusing to make such an order than by making it;

(c) the tenant has caused-

(i) to the landlord by non-payment of rent or otherwise; or
(ii) to any occupant of the premises,

unnecessary annoyance, inconvenience or disturbance which has
continued after a warning in writing has been served by the landlord on
the tenant; or





(d) the landlord intends to rebuild the premises. (Added 32 of 1985
s.23)
(Added 39 of 1979s.23. Amended 76 of 1981s.55;32of 1985s.23)

Rent where notice of termination is ordered not to
take effect

124C. (1) Where the Tribunal makes an order under section 124B(2) in respect of
any premises there shall be payable, by way of rent for those premises from the date
upon which the tenancy would but for the order have ceased, an amount equivalent
to

(a) the aggregate of the following---

(i) the prevailing market rent of the premises; and

(ii) where the rates in respect of the premises are payable by the
landlord, the amount of the rates; or

(b) the aggregate of the following-

(i) the current rent of the premises;

(ii) one-third of the current rent of the premises, disregarding any cents
included in the quotient; and

(iii) where the rates in respect of the premises are payable by the
landlord, the amount of the rates,

whichever is the lesser.

(2)Where the Tribunal makes an order under section 124B2) in respect
of any premises it shall proceed to determine the new rent for the premises
calculated in accordance with subsection (1).
(Added 39 of 1979 s. 23. Amended 76 of 1981 s. 56; 29 of 1983 s. 46)

125. (Repealed 52 of 1981 s. 14) (For savings see Ord. No. 52 of 1981
s.14(2))

Covenant to pay rent to he implied

126. In the absence of any express covenant for the payment of rent and
condition for forfeiture, there shall be implied in every tenancy a covenant to pay
the rent on the due date and a condition for forfeiture for non-payment within 15
days of the due date.

(Added 37 of 1965 s. 3)

Saving of rights arising out of breach of tenancy

127. Nothing contained in this Part shall affect any right or remedy arising, either
before or after 14 April 1962 out of any breach of condition or other term in any
tenancy or out of any condition providing for a right of re-entry in the event of the
tenant's business being wound up, the tenant suffering execution to be levied or a
receiving order in bankruptcy to be made, assigning the lease for the benefit of
creditors or entering any agreement or making any arrangement with creditors for
the liquidation of debts by composition or otherwise:





Provided that a covenant to yield up possession on a specified date shall be
construed as a covenant to yield up possession on such later date as may be
necessary to permit the giving of notice of termination as required by this Part. (14
of 1962 s. 6 incorporated)

Tribunal may determine disputes

127A. The Tribunal on the application of a landlord, tenant or sub-tenant may~
(Amended 76 of 1981 s. 57)

(a)entertain and determine any dispute or difference which may arise under
this Part between a landlord and a tenant, or a tenant and a sub-tenant, or
any of them, including any dispute as to the rent that is payable for, or the
right to possession of, any premises; (Amended 32 of 1985 s. 24)

(b) apportion any rent which becomes payable under section 124C(1);

(c)entertain and determine concurrently with any other application, any
application for the payment of rent or mesne profits of any premises to
which this Part applies,

and make such order thereon, subject to section 127B, as the Tribunal shall think fit.

(Added 39 of 1979 s. 24)

Sub-tenants not to have greater security than
tenants

127B. Nothing in this Part shall afford to any sub-tenant any security of tenure
greater than that enjoyed by his principal tenant.

(Added 39 of 1979 s. 24)

PART VI

SMALL TENEMENTS RECOVERY

Interpretation

128. In this Part, unless the context otherwise requires-

,,agent' includes any person usually employed by the owner in the management of
his property, or in the letting of the premises, or in the collection of the rents
thereof, or specially authorized to act in the particular matter by writing under
the hand of such owner;

'Collector of Rates' has the meaning assigned to it in section 2 of the Rating
Ordinance (Cap. 116); (Added 37 of 1986 s.7)

'house' includes a matshed or other structure;

,,owner' means the person entitled to the immediate reversion or, in cases within
section 132, to the possession of the premises, or, if the property is held in
joint tenancy or tenancy in common, means any one of the persons entitled to
such reversion or possession;





'premises' means lands (including leaseholds), houses, and other corporeal
hereditaments;

'rateable value' means

(a)in the case of premises being a tenement included in a valuation list
maintained by the Collector of Rates under section 14A of the Rating
Ordinance, the rateable value shown in that list; or

(b)in any other case, the rateable value certified under section 128A; (Added
3 7 of 1986 s. 7)

'warrant' means a warrant issued under section 13 1.

(27 of 1897 s. 2 incorporated)
[cf. U.K. 1838 c. 74 s. 7]

Certificate as to rateable value

128A. For the purposes of ascertaining the rateable value of any premises in
connection with any proceedings under section 129 or 132 a certificate purporting
to be under the hand of an officer of the Rating and Valuation Department not
below the rank of Rent Officer showing in respect of any particular day

(a)in the case of premises being a tenement included in a valuation list
maintained by the Collector of Rates under section 14A of the Rating
Ordinance, the rateable value shown in that list; or

(b)in any other case, whether or not the rateable value of those premises
exceeds the sum mentioned in section 129 or 132, as the case may be,

shall be admissible in any proceedings on its production and without further proof
and shall be prima facie evidence of the facts stated therein.

(Added 3 7 of 1986 s. 8)

Summoning of tenant of premises with a rateable value not
exceeding $30,000 unlawfully holding over

129. When and so soon as the term or interest of a tenant of any house, land, or
other premises, held by him at will or for any term not exceeding 7 years, with a
rateable value at the time of an application by an owner under this section not
exceeding $30,000, and upon which no fine has been reserved or made payable, has
ended or has been duly determined by a legal notice to quit or otherwise, and the
tenant, or (if the tenant does not actually occupy the premises or only occupies a
part thereof) any person by whom the same or any part thereof is then actually
occupied, notwithstanding that demand for possession has been made, refuses or
neglects to quit and deliver up possession of the premises or of such part thereof
respectively, the District Court may on application being made by the owner of such
premises or his agent, issue an originating summons requiring the person alleged to
be in possession of the premises to appear at a certain time and place before the
District Court to show cause why he should not quit and deliver up possession of
(27 of 1897 s. 3 incorporated. Amended 4 of 1951 s. 6; 35 of 1969

Schedule; 37 of 1986 s. 9)

[cf. U.K. 1838 c. 74 s. 11





Service of originating summons

130. An originating summons issued under section 129 may be served either
personally or by leaving the same with some person being in and apparently
residing at the place of abode of the defendant:

Provided that if the defendant cannot be found, and the place of abode of the
defendant is not known or admission thereto cannot be obtained for serving the
originating summons, the posting up of the originating summons on some
conspicuous part of the premises shall be deemed to be good service on the
defendant.

(27 of 1897 s. 4 incorporated. Amended 51 of 1911; 2 of 1912 Schedule;
27 of 1937 Schedule; 37 of 1986 s. 10)

[cf. U.K. 1838 c. 74 s. 21

Issue of warrant for possession of premises

131. If the person served with an originating summons under section 130
does not appear before the District Court at the time and place mentioned in the
originating summons, or fails to show cause why he should not quit and deliver up
possession of the premises, the District Court may issue its warrant to any bailiff of
the High Court or the District Court, commanding him to enter (by force, if needful)
into the premises, and give possession of the same to the owner thereof or his
agent: (Amended 37 of 1986 s. 11)

Provided that

(a)entry, upon a warrant, shall not be made at any time except between 9 a.m.
and 5 p.m.;

(b)nothing herein contained shall be deemed to protect any person on whose
application a warrant may be granted from any action which may be
brought against him by a tenant or occupier for and in respect of such
entry and taking possession, where such person had not, at the time of
granting the same, lawful right to the possession of the said premises.

(27of 1897s. 5 incorporated. Amended 50 of 1911 s.4;51of 1911s.4;1
of 1912 Schedule; 21 of 1912 s. 2; 29 of 1962 s. 2; 35 of 1969 Schedule; 92
of 1975 s. 59)

[cf. U.K. 1838 c. 74 s. 1]

Recovery of land in case of illegal encroachment or inclosure
with a rateable value not exceeding $30,000

132. When any person by whom any illegal encroachment or inclosure has
been made upon the land of another person, the rateable value of which at the time
of any demand made under this section does not exceed 530,000, refuses or
neglects, upon demand made, to quit and deliver up possession of the same, or any
part thereof, to the owner of such land or his agent, the possession thereof may be
recovered by such owner or agent under this Part, in like manner as if the occupier
of such encroachment or inclosure were the tenant of premises the possession of
which is recoverable under this Part, whose term or interest had ended.

(27 of 1897 s. 6 incorporated. Amended 4 of 1951 Schedule; 37 of 1986
s.12)





Amendment of sections 129 and 132 by Legislative Council

132A. The Legislative Council may by resolution amend the sums mentioned in
sections 129 and 132.

(Added 37 of 1986 s. 13)

Stay of warrant

133. In every case in which the person on whose application, or on whose
behalf, a warrant is granted had not, at the time of granting the same, lawful right to
the possession of the premises, the obtaining of the warrant shall be deemed a
trespass by him against the tenant or occupier of the premises, although no entry
may be made by virtue of the warrant; and, in case any such tenant or occupier will
become bound with 2 sureties as hereinafter provided, to be approved of by the
District Court, in such sum as to it may seem reasonable (regard being had to the
value of the premises and to the probable costs of an action), to sue the person on
whose application, or on whose behalf, the warrant was granted, with effect and
without delay, and to pay all the costs of the proceedings in the action in case
judgment shall pass for the defendant or the plaintiff shall discontinue or not
prosecute his action or become nonsuit therein, execution of the warrant shall be
delayed until judgment has been given in the action; and if, on the trial of the action,
judgment passes for the plaintiff, the judgment shall supersede the warrant so
granted, and the plaintiff shall be entitled to reasonable damages in the actio(27 of 1897 s. 7 incorporated. Amended 35 of 1969 Schedule)
[cf. U.K. 1838 c. 74 s. 3]

Giving of bond and proceedings thereon

134. Every such bond as herein before mentioned shall be made to the
complainant or his agent at the cost of such complainant or agent, and shall be
approved of and attested by the District Court, arid if the bond so taken is forfeited
or if, on the trial of the action for securing the trial of which such bond was given,
the judge by whom it is tried does not certify that the condition of the bond has
been fulfilled, the party to whom the bond has been so made may bring an action
and recover thereon: (Amended 35 of 1969 Schedule)

Provided that the court where such action as last aforesaid is brought may, by
an order, give such relief to the parties upon such bond as may be agreeable to
justice, and such order shall have the nature and effect of a defeasance to such
bond.

(27 of 1897 s. 8 incorporated)
[cf. U.K. 1838 c. 74 s. 41

Protection of District Court and bailiff acting
under this Part

135. No action or prosecution shall be brought against the District Court by
whom a warrant is issued, or against a bailiff by whom the warrant is executed, for
issuing the warrant or executing the same respectively, by reason that the person on
whose application, or on whose behalf, the warrant is granted had not lawful right to
the possession of the premises.

(27 of 1897 s. 9 incorporated. Amended 29 of 1962 s. 3; 35 of 1969
Schedule)

[cf. U.K. 1838 c. 74 s. 5





Recovery of bailiff's expenses

136. The expenses incurred by a bailiff in the execution of a warrant may be
recovered from the complainant.

(Added 29 of 1962 s. 4)

PART VII

MISCELLANEOUS

Remission and refund of fees

136A. (1) All fees payable to the Commissioner of Rating and Valuation under
this Ordinance are due at the time the application or submission to which the fee
relates is made to him, but where in any particular case the Commissioner is of the
opinion that a fee payable ought to be wholly or partly remitted or, having been
paid, ought to be refunded, he may so direct. (Added 32 of 1985 s. 25. Amended 37
of 1986 s. 14)

(2) Any public officer or class of public officer employed in the Rating and
Valuation Department and authorized in writing in that behalf by the Commissioner
may exercise the powers of the Commissioner conferred on him by this section.
(Added 3 7 of 1986 s. 14)

Provisions transitional to the enactment of the Landlord and
Tenant (Consolidation) (Amendment) (No. 2) Ordinance
1981

137. (1) A District Court or tenancy tribunal which has heard or commenced to
hear any matter or proceeding which, by the Landlord and Tenant (Consolidation)
(Amendment) (No. 2) Ordinance 1981 (76 of 1981), becomes a matter or
proceeding within the jurisdiction of the Lands Tribunal or the Commissioner of
Rating and Valuation shall continue to have jurisdiction in relation to, and shall
dispose of, such matter or proceeding as if the Landlord and Tenant (Consolidation)
(Amendment) (No. 2) Ordinance 1981 had not been enacted.

(2) Any matter or proceeding pending before a District Court or tenancy
tribunal but which a District Court or tenancy tribunal has not heard or commenced
to hear and which, by the Landlord and Tenant (Consolidation) (Amendment) (No.
2) Ordinance 1981, becomes a matter or proceeding within the jurisdiction of the
Lands Tribunal or the Commissioner of Rating and Valuation shall be continued
before the Lands Tribunal or Commissioner, as the case may be; and the Lands
Tribunal may give such directions as it thinks fit as to the lodging or filing of papers
and otherwise in relation to the procedure in such a matter or proceeding.

(76 of 1981 s. 59 incorporated)

Effect of substitution of 'prevailing market rent' for 'fair
market rent'

138. 'Prevailing market rent', where it appears in any provision of this
Ordinance, shall be construed in the same manner as was fair market rent' in that
provision before 10 June 1983.

(Added 29 of 1983 s. 46)





Provisions transitional to the enactment of the Landlord and
Tenant (Consolidation) (Amendment) Ordinance 1983

139. (1) Sections 2 and 11 (e)(i) of the Landlord and Tenant (Consolidation)
(Amendment) Ordinance 1983 (29 of 1983) ('the amending Ordinance 1983') shall
not affect any proceedings commenced in the Lands Tribunal before 10 June 1983.

(2) Section 1 1(e)(ii) and (f), section 30(c)(i) and section 45(c) of the amending
Ordinance 1983 shall not affect any tenancy or sub-tenancy ratified under section
50(7) before 10 June 1983.

(3) Section 15(b)(vi) of the amending Ordinance 1983, so far as it adds new
paragraph (h) to section 53(2), shall apply to a case where the tenant has sublet
before 10 June 1983 as it applies to a case where the tenant has sublet on or after 10
June 1983.

(4) Sections 15(b)(iii) and 15(f) of the amending Ordinance 1983 shall have
effect in any proceedings pending in the Lands Tribunal on 10 June 1983.

(5) Section 15(c) of the amending Ordinance 1983 shall have effect in any
proceedings pending in the Lands Tribunal on 10 June 1983.

(6) Section 15(g) of the amending Ordinance 1983, so far as it refers to
tenancies or sub-tenancies arising under section 53(6A), shall have effect in any
proceedings pending in any court or tribunal on 10 June 1983.

(7) Section 15(h), (i) and (j) of the amending Ordinance 1983-

(a)shall not apply to an order mentioned in section 53(7) obtained before 10
June 1983; and

(b)subject to paragraph (a), shall apply to any use or continued use on or
after 10 June 1983.

(8) Sections 13(a) and 30 of the amending Ordinance 1983 shall have effect in
any proceedings pending in any court or tribunal on 10 June 1983.

(9) Section 20(b) of the amending Ordinance 1983 shall not apply to
applications under section 57 received by the Commissioner before 19 December
1983.

(10) Sections 33 and 35 of the amending Ordinance 1983 shall have effect in any
proceedings pending in the Lands Tribunal on 10 June 1983.

(11) Section 37 of the amending Ordinance 1983

(a)shall not apply to a case where the decision of the Lands Tribunal is made
before 10 June 1983; and

(b)subject to paragraph (a), shall apply to any use or continued use on or
after 10 June 1983.

(29 of 1983 s. 49 incorporated)

Provisions transitional to the enactment of the Landlord and
Tenant (Consolidation) (Amendment) Ordinance 1984

140. (1) Section 2 of the Landlord and Tenant (Consolidation) (Amendment)
Ordinance 1984 (40 of 1984) ('the amending Ordinance 1984') shall not affect any
proceedings commenced in the Lands Tribunal before 1 July 1984.





(2) Section 3 of the amending Ordinance 1984 shall not apply to applications
under section 7A (which it repeals) received by the Commissioner before 1 July
1984.

(3) Sections 7, 9, 10, 18 and 28 of the amending Ordinance 1984 shall apply to
any document (except a notice under section 55 as amended) executed before 1 July
1984 as they apply to documents executed on or after that date.

(4) Sections 13, 14(a), 31, 32(c) and (d) and 36(a) of the amending Ordinance
1984 shall have effect in any proceedings pending in any court or tribunal on 1 July
1984 or commenced on or after that date.

(5) Section 17 of the amending Ordinance 1984 shall apply to tenancies and sub-
tenancies entered into before 1 July 1984 as it applies to tenancies and sub-
tenancies entered into on or after that date.

(6) Sections 19, 20 and 33 of the amending Ordinance 1984 shall have effect in
any proceedings pending in the Lands Tribunal on 1 July 1984 or commenced on or
after that date.

(7) Section 21 of the amending Ordinance 1984 shall have effect in any
proceedings pending in any court or tribunal on 1 July 1984 or commenced on or
after that date.

(8) Section 22 of the amending Ordinance 1984 shall apply to alterations in rent
taking effect before 1 July 1984 as it applies to alterations taking effect on or after
that date.

(9) Section 23 of the amending Ordinance 1984 shall not apply to applications
under section 57 received by the Commissioner before 19 December 1984.

(10) Section 34 of the amending Ordinance 1984 shall apply to an event
mentioned in section 11 9L as amended occurring before 1 July 1984 as it applies to
such an event occurring on or after that date.

(11) Section 36(b) of the amending Ordinance 1984 shall not apply to tenancies
and sub-tenancies entered into before 1 July 1984.

(40 of 1984 s. 38 incorporated)

Provisions transitional to the enactment of the Landlord and
Tenant (Consolidation) (Amendment) Ordinance 1985

141. (1) Section 2 of the Landlord and Tenant (Consolidation) (Amendment)
Ordinance 1985 (32 of 1985) ('the amending Ordinance 1985') shall not apply in
respect of any notice served under section 10(1A) before 1 July 1985.

(2) Section 3(b) of the amending Ordinance 1985 shall not apply in respect of
any agreement lodged under section 18(2)(c) before 1 July 1985.

(3) Section 4(b) of the amending Ordinance 1985 shall not apply in respect of
any proposed agreement a copy of which is submitted under section 28(2) before 1
July 1985.

(4) Section 9 of the amending Ordinance 1985 shall apply in relation to a fee
paid under section 51(4B)(b) before 1 July 1985 as it applies in relation to a fee paid
on or after that date.





(5) Section 11(b) of the amending Ordinance 1985 shall not apply in respect of
any agreement lodged under section 52A(2)(b) before 1 July 1985.

(6) Sections 13, 20, 21(b) and 26 of the amending Ordinance 1985 shall have
effect in relation to proceedings pending on 1 July 1985 as they have effect in
relation to proceedings commenced on or after that date.

(7) Section 14(b) of the amending Ordinance 1985 shall not apply in respect of
a notice lodged under section 55(1) before 1 July 1985.

(8) Section 15 of the amending Ordinance 1985 shall not apply in respect of
applications under section 57 that are received by the Commissioner of Rating and
Valuation before 19 December 1985.

(9) Section 17 of the amending Ordinance 1985 shall apply in relation to a sub-
tenancy created before 1 July 1985 as it applies in relation to a sub-tenancy created
on or after that date.

(10) Section 19(a) of the amending Ordinance 1985 shall not apply in respect of a
tenancy that is submitted before 1 July 1985 for endorsement under section 116(4).

(11) Section 25 of the amending Ordinance 1985 shall not apply in relation to any
fee paid before 1 July 1985, or payable on or after that date by reason of anything
occurring before that date.

(32 of 1985 s. 28 incorporated)

Provisions transitional to the enactment of the Landlord and
Tenant (Consolidation) (Amendment) Ordinance 1986

142. (1) Section 2 of the Landlord and Tenant (Consolidation) (Amendment)
Ordinance 1986 (37 of 1986) ('the amending Ordinance 1986') shall not apply in
respect of any notice served under section 10(1 A) before 1 August 1986.

(2) Section 3 of the amending Ordinance 1986 shall not apply in respect of any
application under section 57 received by the Commissioner before 19 December
1986.

(3) Section 6 of the amending Ordinance 1986 shall not apply in respect of any
request for a warrant under section 10 1 before 1 August 1986.

(4) Sections 9, 10 and 11 of the amending Ordinance 1986 shall not apply to an
application by or on behalf of an owner under section 129 made before 1 August
1986.

(5) Section 12 of the amending Ordinance 1986 shall not apply to an application
by or on behalf of an owner under section 132 made before 1 August 1986.

(37 of 1986 s. 15 incorporated)

Provision transitional to the enactment of the Landlord and
Tenant (Consolidation) (Amendment) Ordinance 1988

143. Section 2 of the Landlord and Tenant (Consolidation) (Amendment)
Ordinance 1988 (77 of 1988) shall not apply in respect of any notice served under
section 10(1A) before the commencement of that Ordinance.

(77 of 1988 s. 10 incorporated)





FIRST SCHEDULE
(Repealed 76 of 1981 s.
58)

SECOND SCHEDULE [s. 471

FORM 1 IS. 19(1)]

NOTICE OF RENT PAYABLE BY PRINCIPAL TENANT To
LANDLORD

To all tenants
in occupation
of

(1)

................

YOU ARE INFORMED, in accordance with section 19(1) of the Landlord and Tenant

(Consolidation) Ordinance, that the rent payable by me, to (2) ......................................................

................................ 1

my 1 landlord in respect of (')
............................................................................................................

is ......... dollars per (3)

....................... and is made up as follows-

(1) Standard rent is
........................................................................................... dollars per

(3)

...................

(2) Permitted increase(s) is/are-

(4)

.................................

Dated the ......day of ...........19

Principal Tenant.

NOTES.
(1) Identify premises.
(2) Give full name and address of landlord.
(3) State whether per week, month, etc.
(4) Give particulars of any permitted increase and state authority for charging the same (i.e.
section of Ordinance or date of decision of tribunal).

.FORM2 2 [s. 211

To the principal tenant in

occupation of
...................

............







NOTICE OF TERMINATION OF PRINCIPAL
TENANCY

I/WE HEREBY TERMINATE the tenancy of you (name)
................................................

............................. the principal tenant of the above

premises, under section 21 of the Landlord and Tenant (Consolidation) Ordinance and require
you peaceably to deliver up the premises [on or before the expiration of one month from the
third consecutive day of posting this notice on the main door or entrance, namely on or before
the

............................ . 19 *1.

You may elect either to deliver up the whole of the premises or to retain for your own use
any part of the premises used by you before service of the notice for your own occupation. If
you retain such portion you will pay a proportionate part of the rent previously paid to me/us
with an addition of 30% under the Ordinance and will be a monthly tenant. You are required to
elect by notice in writing to me/us within 14 days of service of this notice.

[Substitute, if a period of notice is required by the contract between the
landlord and the principal tenant

on or before the .19 1





To all tenants and sub-tenants in
occupation of
...................... .. ...
.......................................

TAKE NOTICE that with effect from the said date the 19 you

will be a tenant of me/us upon the same terms and conditions as you were a tenant of the principal
tenant and the permitted rent under the Ordinance is thereafter to be paid to me/us. I/WE shall be
responsible for any obligations previously undertaken by the principal tenant.

Sgd . .......................................................

Address .......................................................

Date ....................................................................

(Second Schedule added 22 of 1953 s.
33)

THIRD SCHEDULE

(Repealed 93 of 1975 s. 20)

FOURTH SCHEDULE [s.
801

Fees to be levied in distraints for rent

Sum sued for Fee for every affidavit,Commission on

warrant to distrain,
notice or other document sum realized
Under $5,000.00 $ 60.00 1
$5,000.00 or above but $10.00 for every $100.00 or
under $20,000.00 $120.00part thereof.
$20,000.00 or above $250.00

1. This scale does not include auctioneer's commission and expenses but includes all other
expenses, except in actions where the tenant disputes the landlord's claim and witnesses have to
be subpoenaed, in which case an additional fee for each subpoena is payable at $25.00.

2. Where watchmen are kept in charge of property distrained, a fee of $200.00 per day or
part thereof is payable for each watchman.

3. Where property is removed and stored, the necessary expenses are payable as fixed by
the Registrar.

4. Expenses for conveyance or transportation shall be payable as fixed by the Registrar.

(Replaced 32 of 1985 s. 26. Amended L.N. 103188)

FIFTH SCHEDULE

FORM 1 [s. 82]

AFFIDAVIT IN SUPPORT OF APPLICATION FOR WARRANT OF DISTRESS

In the District Court of Hong Kong

Holden at

A.B., Plaintiff

V.






C.D., Defendant





1, AR, an inhabitant of make oath and say that C.D., of

1 is justly indebted to in the sum of for
arrears of rent of the house and premises No.situate at

in the due for months, to wit, from the
day of 19 to the day of 19 at

the rate of per mensem.

Sworn before me (Signed) A.B.
at on the day of

19

(Signed)

(Amended 1 of 1953 Fourth Schedule)

FORM 2 [s- 831

WARRANT OF DISTRESS

In the District Court of Hong Kong

Holden at

To E.F., Bailiff of the court.

I hereby direct you to distrain the goods and chattels on the premises of C.D. situate

at in the for the sum of

being the amount of months' rent due to A.B. for the same on the
day of 119' according to the provisions of Part 111

of the Landlord and Tenant (Consolidation) Ordinance, Chapter 7.

Before proceeding to distrain under this warrant, you shall demand payment of the amount
endorsed hereon.

Dated the day of 119
[L.S.] (Signed)
(Amended 1 of 1953 Fourth Schedule)

FORM 3 15.891

NOTICE UNDER SECTION 89

In the District Court of Hong Kong

Holden at

To C.D.

Take notice that 1 have this day seized the goods and chattels contained in the
attached inventory and appraisement, for the sum of $ being the amount
Of months' rent due to A.B. on the day of 1
19 and that unless you pay that amount together with the costs of this distress within 5 days
from the date thereof, or obtain an order from the court to the contrary, the same will be sold on
the day of ' 19 , pursuant to the provisions of
Part 111 of the Landlord and Tenant (Consolidation) Ordinance, Chapter 7.

Dated the day of 19







(Signed) E.F.
(Amended 1 of 1953 Fourth Schedule)