SMALL TENEMENTS RECOVERY ORDINANCE, 1897

SMALL TENEMENTS RECOVERY ORDINANCE, 1897

No. 10 of 1897.

An Ordinance to facilitate the recovery of Possession of
tenements and Premises of small value.

[13th December, 1897.]

WHEREAS it is expedient to provide for the more speedy and
effectual recovery of the possession of tenement and
premises of small value:

1. This Ordinance may be cited as the Small Tenements
Recovery Ordinance, 1897.

2. In this Ordinance,

(a) ' 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;





(b) House includes a matshed or other structure;

(c) Owner means the person entitled to the immediate
reversion or, in cases within section 6, 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

(d) ' Premises '. mean lands (including leaseholds), houses.,
and other corporeal hereditaments.

3.-(1) When and so soon as the term or interest of the
tenant of any house, land, or other premises, held by him at
will or for any term not exceeding seven years, either without
being liable to the payment of any rent or at a rent not exceed-
ing the rate of twenty dollars a month or two hundred and forty
dollars a year, 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 such tenant, or (if such
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, it shall be lawful for a magistrate, on a complaint
being made to him, to issue a summons requiring the person
against whom such complaint has been made to appear at a
certain time and place before such magistrate to answer such
complaint and to show cause why he should not quit and deliver
up possession of the said premises.

(2). Such complaint and summons may be in Forms Nos. i
and 2 respectivefy in the Schedule.

4. Any such summons 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 summons, the posting up of the summons on
some conspicuous part of the premises. shall be deemed to be
good service on the defendant.

As amended by Law Rev. Ord., 1937.





5..-(1) If the person so served with a summons does not
appear before the magistrate at the time- and place mentioned in
the summons, or fails, to show cause why he should not quit
and deliver up possession of - the premises, it shall be lawful
for the magistrate to issue his warrant to any constable,. com-
manding him to enter (by force, if needful) into the premises,
and give possession of the same' to the owner thereof or his
agent:. Provided always that entr , upon any such warrant,
y
shall not be made at any time except between 9 a.m. and 5
p.m.: Provided also that nothing herein contained shall be
deemed to protect any person on whose application any'such
warrant may be grant~d from any action which may be brought
against him by any such 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.

(2) The warrant may be in Form No. 3 in the Schedule.

6. When any person by whom any illegal encroachment or
inclosure has been made upon the land of another person, not
exceeding in value twenty dollars a month or two hundred and
forty dollars a year, 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 ppssession thereof
may be recovered by such owner or agent under the provisions
of this Ordinance, in like manner as if the occupier of such
encroachment or inclosure were the tenant of any premises the
possession of which is recoverable under this Ordinance, wchose
term or interest had ended.

7. In every case in which the person on whose application,
or on who-,,e behalf, any such warrant is granted had not,
at the tim * e of granting the same, lawful right to thp possession
of the premises, the obtaining of any su*ch warrant as aforesaid
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 two sureties as hereinafter provided., to be
approved of by the magistrate, in such sum as to him 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, such warrant was





granted, with. effect and without delay, and to pay all the costs of the
proceedings in such 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 such action; and if, on the trial of such action, judgment passes for
the plaintiff, such judgment shall supersede the warrant so granted, and the
plaintiff shall be entitled to reasonable damages in the action.

8. Every such bond as hereinbefore 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 magis-
trate, and 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: Provided always that tne 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.

9. It shall not be lawful to bring any action or prosecution
against the magistrate by whom such warrant as aforesaid may
have been issued, or against any constable by whom such
warrant may be executed, for issuing such warrant or executing
the same respectively, by reason that the person on whose
application, or on whose behalf, the same is granted had not
lawful right to the possession of the premises.

SCHEDULE.

Note-These forms may be varied to meet
the requirements of the particular. case, provided such case comes
within the Ordinance.

FORM No. 1. [ss. 3 and 6.1

Complaint before a magistrate.

HONG KONG.
IN TIRE POLICE COURT AT
The complaint of owner [.or agent, etc., as the case





may be] made before me, a magistrate of the said Colony, who says'
that the said did let to a tenement,
consisting of and situate at in the said
Colony, for at the rent of and that the
said tenancy expired [or was determined by notice to quit, given by
the said 1 as the case may be] on the day of

19 [or that the said has illegally
encroached upon. (or illegally inclosed) land situate at

belonging to the complainant, or as the case may be, such encroach-
ment [or inclosure] riot exceeding in value $20 a month (or $240
a year, as the ease bel, and that notwithstanding demand made,
the said refused [or neglected] to deliver up possession
of the said tenement, [or encroachment or inclosure, as the case may
be] and still detains the same.

Taken the day of 19

Before me

(Signed) Magistrate.

FORM No. 2. [ss. 3 and 6.]

Summons.

HONG KONG.

IN THE POLICE COURT AT

Rex on.the complaint of

To

Complaint having been this day made before the undersigned, a
magistrate of the said Colony, for that you, being the tenant or
occupier of certain premises situate at in the said
Colony, and such tenancy or holding having expired [or been legally
determined, or as the case may be] [or that you, having illegally
encroached upon (or illegally made an inclosure upon) certain land
situate at of which is the
owner, as the case may be] have unlawfully refused or neglected to
deliver over possession of the said premises to the owner thereof:
This is, therefore, to command you, in His Majesty's name, to be
and appear on day, the day of
1 19 ,
at . o'clock in the noon at the- said police court before me,
to answer to. the said complaint and to be further dealt with according
to law.

Dated the day of 19

(Signed) Magistrate.

FORM No. 3. [ss. 5 and 6.]

Warrant.

HONG KONG.
IN THE POLICE COURT AT

To all and each of the constables of the said. Colony.

Whereas [set forth the complaint], I, a magistrate of the said
Colony, do authorize and command you, between the hours of 9 in
the forenoon and 5 in the afternoon, to enter (by force, if needful)
and with or without the aid ofthe owner, [or agent, as
the case may be], or any other person or persons whom you may
think requisite to call to your assistance, into and upon the said
premises, and to eject thereout any person, and of the same [or of
the said encroachment (or inclosure, as the case may be)] full and
peaceable possession to deliver to the said the
owner [or agent].
Given under my hand and seal this day of 19

(Signed) Magistrate.
[Originally No. 27 of 1897. Law Rev. Ord., 1937.] Short title. Interpretation. [cf. 1 & 2 Vict. C. 74, s. 7.] Summoning of tenant of premises not exceeding $240 annual rental unlawfully holding over. [cf. 1 & 2 Vict. C. 74, s. 1.] Schedule. Forms Nos. 1 and 2. Service of summons. [cf. 1 & 2 Vict. C. 74, s. 2.] Issue of warrant for possession of premises. [cf. 1 & 2 Vict. C. 74, s. 1.] Schedule. Form No. 3. Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 in annual value. Stay of warrant if bond given by defendant. [cf. 1 & 2 Vict. c. 74, s. 3.] Giving of bond by defendant, and proceedings thereon. [cf. 1 & 2 Vict. C. 74, s. 4.] Protection of magistrate and constable acting under the Ordinance. [cf. 1 & 2 Vict. C. 74, s. 5.]

[Originally No. 27 of 1897. Law Rev. Ord., 1937.] Short title. Interpretation. [cf. 1 & 2 Vict. C. 74, s. 7.] Summoning of tenant of premises not exceeding $240 annual rental unlawfully holding over. [cf. 1 & 2 Vict. C. 74, s. 1.] Schedule. Forms Nos. 1 and 2. Service of summons. [cf. 1 & 2 Vict. C. 74, s. 2.] Issue of warrant for possession of premises. [cf. 1 & 2 Vict. C. 74, s. 1.] Schedule. Form No. 3. Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 in annual value. Stay of warrant if bond given by defendant. [cf. 1 & 2 Vict. c. 74, s. 3.] Giving of bond by defendant, and proceedings thereon. [cf. 1 & 2 Vict. C. 74, s. 4.] Protection of magistrate and constable acting under the Ordinance. [cf. 1 & 2 Vict. C. 74, s. 5.]

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1937

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No. 10 of 1897

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