LANDLORD AND TENANT ORDINANCE

LANDLORD AND TENANT ORDINANCE

CHAPTER 255.

LANDLORD AND TENANT.

To consolidate and antevd the lawrelating to the restriction
of rents.

[23rd May, 1947.]
1. This Ordinance may be cited as the Landlord and
Tenant Ordinance.

2. In this Ordinance-
'business premises' includes every cubicle, room, portion of
a floor, floor or building which is the subject of a separate
letting and which is used wholly, or primarily, for the
purpose of any trade, business or profession and every
hotel or boarding-house whether such hotel or boarding-
house is held by the keeper thereof under one lease or
under more than one lease or is contained in one building
or more than one building;
'court' means the Supreme Court in its summary jurisdic-
tion ;
'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' includes every bed-space, cubicle, room,
portion of a floor, floor or building which is the subject
of a separate letting and which is used wholly or
primarily for human habitation : Provided that the
following shall not be deeined 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 two 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 any 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 frorn such tenant ;
'lease' or 'teriancy agreement' includes every agreement
for the letting of any premises, whether oral or in
writing;
'let' includes sub-let and 'letting' includes sub-letting
'order' includes any judgment or decree of the court or the
order of any tribunal ;
'premises' means the subject matter of any tenancy;
'principal tenant' means a tenant of premises other than a
Crown lessee, who has or shall sub-let 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 sub-let the whole of such
premises as one holding;
'standard rent' with respect to any premises other than
deperident domestic premises means-
(a)if the premises were actually let unfurnished on the
25th day of December, 1941, the rate of rent which
was recoverable from the sitting tenant ; and
(b) if the premises were not actually let on the 25th day
of 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 the 25th day of
December, 1941, on which the premises were
actually let unfurnished; and
(c) if the premises were not let unfurnished until after
the 25th day of December, 1941, then such rate of
rent as may be fixed by a tribunal under the pro-
visions of section 17 having regard to what would
have constituted a fair rent for the premises if let
unfurnished immediately before the 1st day, of
December, 1941,
and in respect of any dependent domestic premises
means that proportion of the rent of the whole of ihe
premises let to a principal tenant at the rate prescribed
in paragraphs (a), (b) and (c) of this definition, as the
case may be, as is fairly attributable to such dependent
domestic premises with an addition thereto of twenty
per cent;
'tenancy' includes a sub-tenancy and 'tenant' includes a
sub-tenant;





'tenant' does not include a Crown lessee but includes a
sub-tenant and includes also-
(a)a person who before the coming into force of this
Ordinance has retained possession of premises by
virtue of any enactment repealed by this Ordinance
and who on the coming into force of this Ordinance
is in possession of premises, to which this Ordinance
applies;
(b)a person who shall retain possession of any premises
by virtue of the provisions of this Ordinance;
(c)the widow of a tenant, residing with the tenant it the
time of flis death or where the tenant leaves no
widow or is a woman, the children or dependent
members of the tenant's family residing with him
or her at the time of the tenant's death.
'tribunal' or 'tenancy tribunal' means a tenancy tribunal
authorized by the Chief Justice or his delegate under
subsection (i) of section 28;

3. (1) This Ordinance shall not apply to-
(a)any entirely new building in respect of which the
written permit of the building authority to occupy
the same shall have been granied tinder the provi-
sions of section 137 of the Buildings Ordinance,
after the 16th day of August, 1945 ; or
(b)any premises which after the 16th day of August,
1945, have remained continuously untenanted and
which after the coming into force of this Ordinance
have been rendered habitable by extensive repairs
effected at the expense of the landlord. For the
purpose of this paragraph the expression extensive
repairs means repairs wholly necessary for rendering
the premises reasonably habitable and ill respect of
which expense incurred amounts to not less tlian
the equivalent to the standard rent of the prenlilses
for seven years; or-
(c)any business premises which may after the 1st day
of February, 1947, be let for a term of not less than
seven years; or
(d)any particular portion of any 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; or





(e) any premises for the time being vested in or in the
custody of the Custodian of Property or the
Custodian of Enerny Property; or
(f) any lease or tenancy held directly from the Crown.

(2) In the event of any doubt or dispute as to whether
any premises are excepted from the application of this
Ordinance by any of the provisions of subsection (i), the same
may be determined by, a tribunal on the application of a
landlord or tenant.

(3) Where immediately before the commencement of
this Ordinance a tenant of premises to which this Ordinance
does not apply was entitled to protection against eviction by
reason of an enactment repealed by this Ordinance, lie shall
be deemed to be holding at the rent payable immediately
before the commencement of this Ordinance and shall be
entitled to such notice to quit as would have been required
under the original contract of tenancy or if such notice hael
already been given and had expired at or before the coni-
mencement of this Ordinance, then to one month's notice.

4. Save as in this Ordinance provided no rent shall be
recoverable in respect of any premises to which this Ordin-
ance applies in excess of the standard rent thereof notwith-
standing any agreement to the contrary whensoever made
and whether oral or in writing.

5. (1) No order against a tenant for the recovery of
possession of or for ejectment from any premises to which
this Ordinance applies shall be made otherwise than under
the provisions of this Ordinance or under the provisions of
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 iliegal 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 the coming into force of this
Ordinance has retained possession of any premises by, virtue
of any enactment repealed by this Ordinance and who is on
the coming into force of this Ordinance in, possession of
premises to which this Ordinance applies and any tenant who
shall retain possession by virtue of the provisions of this





Ordinance 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 con-
sistent with the provisions of this Ordinance, 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 one month's notice : Provided that
notwithstanding anything in the contract of tenancy a land-
lord 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 (i) shall not apply to-
(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 becanie
entitled to retain possession, was derived; or
(b) proceedings against a derivative landlord:
Provided always that no order or judgment against a
derivative landlord for the recovery of possession or eject-
ment therefrom shall affect the right of any sub-tenant to
whom the premises or any part thereof shall have been
lawfully sub-let before proceedings for recovery of posses-
sion 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 (i)-
(a)a closure order may be made under section 141 Of
the Buildings Ordinance; and
(b)a closure order may be made under subsection (7) of
section 128 of the Buildings Ordinance if the
Building Authority has certified by writing under
his hand that the making of such an order is neces-
sary in order to enable the owner to carry out the
building works required without undue danger to
the tenants or to the public generally.

6. (1) In the case of domestic premises there shall be
payable and recoverable by way of rent in addition to the
standard rent thereof an amount equivalent to thirty per cent
of such standard rent and in the case of business premises





there shall be recoverable by way of rent in addition to the
standard rent thereof an amount equivalent to one hundred
per cent of such standard rent: Provided that no such
addition shall become due or recoverable until, or in respect
of any period prior to the expiry of, one clear month after
the landlord has served upon the tenant a valid notice in
writing that payment of such additional amount will be
required.

(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 of otherwise) which
he attributes to such furniture.

(3) In case a landlord of any premises shall expend the
sum of one thousand dollars or upwards on additions or
improvements thereto by which in the opinion of a tribunal
the rateable value thereof shall be increased the tribunal may
on application by the landlord for such purpose order that
the rent of such tenement shall be increased beyond the
standard rent by an annual sum equal to eight per cent on
the amount so expended by the landlord on such additions
or improvement.

(4) If a tribunal 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, it may adjust the standard rent accordingly
and upon such adjustment the rent substituted by the
tribunal shall be and become the standard rent for the pur-
poses of this Ordinance but without prejudice to further
adjustment under this subsection or under other provisions
of this Ordinance.

(5) Nothing in this Ordinance shall be taken to authorize
any increase of rent in respect of a period prior to the com-
mencement of this Ordinance.





(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 one thousand
dollars unless he proves that the statement was made in-
nocently 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.

7. If the tenant of any premises has since the 16th day
of 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 six months, the additional amount mentioned in subsection
(1) of section 6 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.

8. (1) Any person who after the commencement of
this Ordinance-
(a)demands or receives more thari the standard rent for
any premises, together with such addition or increase
as may be permitted by or under the provisions of
this Ordinance or such addition or increase as may
from time to time have been or be sanctioned by a
tenancy tribunal ; or
(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 other-
wise, for the grant, renewal or continuance of any
tenancy; or
(c) being or acting as a broker, agent or go-between
demands or receives for his services in connexion
with the procuring of the grant, renewal or continu-
ance of the tenancy of any premises any consideration
the value of which exceeds five per cent of the
standard rent for one year of such premises;





(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 or continuance of
any tenancy, demands or receives any price or
consideration for such purchase or hire in excess
of a reasonable price or consideration therefor,
shall be guilty of an offence and shall upon summary con-
viction be liable to a fine of two thousand dollars.

(2) Upon the hearing of any summons issued under the
provisions of this section, if shall be lawful for a magistrate,
whether the defendant is convicted or not, and in addition to
imposing a fine if the defendant is convicted, to order the
defendant to pay to the tenant-
(a)any sum received in excess of the rent lawfully
recoverable ; or
(b)the amount or value of the consideration mentioned
in paragraph (b) or (c) of subsection (i); or
(c)the amount by which the price or consideration for
such purchase or hire as is mentioned in paragraph
(d) of subsection (1) exceeds a reasonable price or
consideration therefor ; and
(d)if the defendant is a principal tenant, to order his
ejectment.

(3) Nothing in this section contained shall prejudice the
right of any person to recover by civil action any such sums
as a magistrate may order to be paid under the provisions
of subsection (2).

9. 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 8
may recover the amount or value thereof by action in the
court : Provided always that any action for such recovery
shall be commenced within six months after the making of
such payment or giving of such consideration.

10. (1) If a tenant to whom subsection (2) of section
5 applies, demands or receives the payment of any, fine or
premium or any other consideration for giving up possession
of such premises to the landlord or to any other person with
or without the knowledge or approval of the landlord, such
tenant shall be guilty of an offence and shall be liable on
summary conviction to a fine of two thousand dollars. For





the purposes of this section the demanding or receiving of
a price or consideration for any furniture, fittings or fixtures
or other articles in excess of a reasonable price or considera-
tion therefor shall be deemed to be the demanding or receiving
of a fine or premium.

(2) Upon the hearing of any summons issued under the
provisions of this section, it shall be lawful for a magistrate,
upon conviction of the defendant and in addition to imposing
a fine-
(a)to order the defendant to pay to the person from
whom such fine, premium or other consideration has
been received the amount or value of any fine,
premium or other consideration wrongfully demand-
ed or received including the amount by which the
price or consideration paid for any furniture, fittings,
fixtures or other articles exceeds the reasonable value
thereof ; and
(b) to order the eviction of the tenant.

11. (1) Every principal tenant shall affix and shall keep
affixed on a conspicuous part of the premises conprised in
his principal tenancy a notice 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 lie attributes to the
premises let to such sub-tenant.

(2) Every principal tenant shall, whether the saine sInall
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 one month after
the commencement of this Ordinance or, if he is not a prin-
cipal tenant at the time of such commencement, then within
one month after becoming a principal tenant, furnish to his
landlord a full and true statement showing the nairle of all
the sub-tenants of such principal tenant with sufficient parti-
culars of the parts of the premises occupied by and of the
standard rent and gross rent payable by each of them.

(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 one thousand dollars.





(5) Upon the hearing of any summons issued under
this section, it shall be lawful for a magistrate, whether the
defendant is convicted or not, and in addition to imposing a
fine if the defendant is convicted, to order the eviction of the
defendant.

(6) Where a principal tenant is evicted under the provi-
sions of this section or of section 8, 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 shall be deemed to hold their respective premises upon
the terms and conditions upon which they held theni from
the principal tenant : Provided always 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 12
and shall undertake towards the sub-tenants all those
obligations formerly undertaken by the principal tenant.

12. (1) The immediate landlord of a principal tenant
whose original contract of tenancy has been or shall be
determined by a valid notice to quit may at any time after
the commencement of this Ordinance or the expiration of
the period referred to in such notice whichever shall be
the later serve on such principal tenant written notice under
this section calling upon the principal tenant to deliver up
at the expiration of one calendar month next following the
service of such notice, possession of the premises save and
except such part thereof if any as the principal tenant has
retained for his own use. Any such notice shall state that
the principal tenant may, at his option, either deliver tip
possession of that part of the premises (if any) as lie had
before the service of such notice retained for his own use
or may retain possession thereof as tenant of the immediate
landlord.

(2) Immediately on the giving of such notice as afore-
said the immediate landlord shall serve on each sub-tenant
of such principal tenant (in this section called the sub-
tenant) written notice that he has served such notice upon
the principal tenant and calling upon the sub-tenant, after
the expiration of the aforesaid calendar month, to pay to
the immediate landlord or such person as he may appoint





the rent of the premises the subject of the former sub-
tenancy.

(3) From and after the, expiration of the said calendar
month thp sub-tenant shall in every respect be deemed to
be the tenant of such immediate landlord and to hold the
premises subject to the terms and conditions upon which
lie held the same as sub-tenant of the principal tenant :
Provided always that the immediate landlord shall be
entitled to recover from the sub-tenant the standard rent
of the premises together with an addition thereto in the
case of domestic premises of thirty per cent and, in the case
of business premises, of one hundred per cent and together
also with any increase sanctioned by this Ordinance but
shall not be entitled to recover any greater rent notwith-
standing any agreement to the contrary made between the
sub-tenant and the principal tenant.

(4) Where the principal tenant has retained for his
own occupation any part of the premises the subject of his
tenancy from the immediate landlord, he shall, after the
expiration of the said calendar month, unless he shall then
deliver up possession, be deemed to be the tenant of the
immediate landlord in respect of that part of the premises so
retained as aforesaid and to hold the same upon a monthly
tenancy at such a rent as may be fairly attributable to that
part of the premises retained by him having regard to the
rents recoverable by the landlord in respect of the other parts
of the premises of which he was formerly the tenant :
Provided always that in the event of any dispute or difference
between the immediate landlord and the principal tenant as
to the arnount of the rent payable by such principal tenant
the sarne may be referred to and decided by a tenancy
tribunal.

(5) An immediate landlord who exercises the power
conferred by subsection (i) shall undertake towards the sub-
tenants all those obligations formerly undertaken by the
principal tenant.

13. Subject to the provisions of section io, nothing in
this Ordinance shall be taken to limit the right. of a landlord
and tenant (whether or not the tenant is a tenant to whom
subsection (2) of section 5 applies) to agree to such stipula-
tions 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 lie satisfies a
tribunal or a court, as the case may be, that the tenant in-
tended by such agreement to deprive himself of the protection
against ejectment afforded by this Ordinance.

14. Nothing in this Ordinance 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.

15. Notwithstanding the provisions of sections 4 and 14,
a tenancy tribunal may In its discretion on the application
of a landlord sanction the increase of the rent of any premises
by such amount as may be agreed by the tenant thereof and
the increased rent so sanctioned shall from the date on which
such sanction is given be the rent of the prernises during the
continuance of this Ordinance.

16. Subject to the provisions of section 14, if the
standard rent of any premises either-
(a)is a rent which was agreed upon in writing at some
date before the 1st day of July, 1937, or
(b)is not higher than the rent recoverable frorn the
tenant in actual occupation on the 1st day of July,
1937,
it shall be lawful for the landlord of such premises to apply
to a tenancy tribunal to fix and such tribunal may fix sud,
other rent as the tribunal shall think fit as the standard rent
to be paid in respect of such premises during the continuance
of this Ordinance: Provided that nothing in this section
shall affect any rent which became due before the date of
the order made by the tribunal.

17. It shall be lawful for a tenancy tribunal on the
application of landlord or tenant-
(a)to fix any rent which for any reason is not otherwise
determinable under the provisions of this Ordinance;
or





(b)to apportion any rent to which this Ordinance
relates ; or
(c)to entertain and determine any dispute or difference
as to the.amount of rent payable in respect of any
premises to which this Ordinance 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
Ordinance into effect as to the right to the possession
of such premises; or
(d)to entertain and determine concurrently with any
other application, any application for the payment
of rent or mesne profits of any premises to which
this Ordinance applies accruing due on or after the
ist day of October, 1945 ;
and to make such order thereon as the tribunal shall think
fit.

18. It shall be lawful for a tenancy tribunal on the
application of a landlord to rnake an order for the recovery
of possession from or the ejectment of-
(a)a principal tenant of domestic premises who has
been served with a notice under section 12 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;
(b)a tenant who has been convicted of an offence against
this Ordinance or of using or suffering or permitting
to be used the premises or any part thereof for an
immoral or illegal purpose;
(c)a tenant whose rent or any part thereof, in so far
as the same accrued due after the ist day of October,
1945, is in arrears for more than thirty days;
(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 Ordinance;
(f) a person who became a tenant between the 16th
day of August, 1945, and the commencement of this
Ordinance upon the condition that he should vacate
the premises on the return of the person who was
the tenant before the 25th day of 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 the Colony
and that the premises were required for his use;
(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 hini to
be guilty of conduct, which is a nuisance or annoy-
ance 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 28 of the Public Health
(Sanitation) Ordinlince, 1935;
(i)a tenant who obtained a tenancy by reason of being
employed by his landlord and who has ceased to be
in such employment ;
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.

19. (1) It shall be lawful for a tenancy 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 the 1st day of September, 1946) to 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 eighteen years
of age, or, where the landlord is dead, for the surviving
spouse, son or daughter over eighteen 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 sub-
section (i) shall within twelve months after the date of such
order assign, transfer, sub-let or part with the possession of
the premises or any part thereof without the previous con-
sent of a tenancy tribunal.
(3) Where a person has obtained an order for the
recovery of possession of or ejectment from any premises
under the provisions of subsection (i) and it is subsequently,
made to appear to a tenancy tribunal that the order was
obtained in bad faith or by the misrepresentation or conceal-
ment 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 incon-
venience sustained by him as a result of the order for recovery
of possession or ejectment.

20. It shall be lawful for a tenancy tribunal on the
application of a landlord to 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 the ist day of March, 1946, without the
consent in writing of the landlord, assigned, transferred,
sub-let or parted with the possession of such premises or
any part thereof : Provided that no order shall be made
under the provisions of this section against an occupier
holding. as the sub-tenant of a principal tenant any portion
of any domestic premises which premises before the 22nd
day of 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.

21. A landlord of any premises to which this Ordinance
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 as to the standard rent of such
premises, and, if, without reasonable excuse, he fails within
fourteen days so to do, or supplies a statement which is false
in any material particular, lie shall be liable on sunimarv
conviction to a fine of one thousand dollars.

22. 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 thirty 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 riot
exceeding thirty days specified in such order and
may make any such direction subject to such
conditions as it thinks proper.

23. 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 subsection (3) of section 12 and such
immediate landlord shall undertake towards them the
obligations theretofore undertaken by the principal tenant.

24. Where an order for recovery, of possession of or for
ejectment from any premises has been rnade and no appeal
has been lodged in due time a bailiff of the court may, upon
production to him of a copy, of such order certified to be a
true copy by a member of the tribunal making the order, and
an affidavit sworn before any justice of the peace from which
it appears that such order has not been complied with,
proceed to enter (by force, if needful) into the premises and
carry such order into effect and. give possession of the
premises, or any part thereof specified in the order, to the.
landlord or his agent: Provided that such entry shall not
be made at any time except between 8 a.m. and 5 p.m. Any
person resisting or obstructing a bailiff in the performance of
his duties under this section shall be guilty of an offence and





shall be liable on summary conviction to a fine of five
hundred dollars.

25. Any person authorized generally in writing for that
purpose by the Secretary for Chinese Affairs may at all
times, without notice, enter and inspect any premises reason-
ably believed to be the subject of a sub-letting and, where
such premises are held by a principal tenant, dernand to see
any notice required by section II to be affixed on the
premises or given to any sub-tenant and an), person resisting
or obstructing any such person in the performance of his
duties shall be guilt), of in offence and shall be liable oil
summary conviction to a fine of five hundred dollars.

26. (1) Notwithstanding that the annual rent or value
of the premises to which the appeal relates exceeds the sum
of one thousand dollars any person aggrieved by an order
or decision (other than a decision to rnake or to refuse to
make any recommendation to the Governor in Council Under
section 30 of a tribunal may within seven days from the date
thereof appeal to the court Provided that the court may,
in its discretion and on such terms as it may think fit, on
the application of such aggrieved person extend the time
within which an appeal may be rnade notwithstanding that
such time may have expired.

(2) The practice and procedure on appeal shall be by
motion and in all matters, save as expressly provided by, this
Ordinance or any rules made hereunder, shall be in accor-
dance with the practice and procedure prescribed by the
Supreme Court (Summary jurisdiction) Ordinance, as though
such appeal were an action commenced in the summary
jurisdiction of the Supreme Court.
(3) Where the appeal is from a decision on a question of
law or on a matter of discretion only, it shall be heard upon a
case to be stated at the request of the appellant by the chair-
man of the tribunal, setting forth the findings of fact and
the grounds for the tribunal's decision.

(4) In every other case, the court may deal with the
case solely upon the evidence originally taken or may
re-examine any witness or may admit further evidence.

* With eTect from 3.11.50, $5,000 was substituted for $1,000
in the third line hereof when an increase in the summary jurisdiction
took place (Ord. 35 of 1950).





(5) The court shall have power on every appeal, whether
on a question of fact, or of law or of discretion, to try the
case de novo.

(6) The court may, on the application of the appellant,
stay execution of any order of the tribunal for such time and
on such terms, if any, as to security or otherwise, as it may
deem just.

(7)(a) Upon the hearing of any such appeal whether
by way of case stated or otherwise, the court may
reverse or affirm the decision of the tribunal, or may
amend or alter such decision by making any order
which the tribunal would have had power to make
in the matter, or may remit the matter to the tribunal
with the opinion of the court thereon, or may make
such other order in relation to the matter, and may
make such orders as to costs in or connexion with
the proceedings before the tenancy tribunal and
before the court as may seem fit.
(b)Upon any appeal by way of case stated, the court
shall have power to cause the case stated to be sent
back to the tribunal for amendment and thereupon
the same shall be amended accordingly.

(8) Upon any such appeal or upon any application for
a case stated to be sent back for amendment a record of the
proceedings before the tribunal if cornpiled in accordance
with any rules in relation thereto made under section 29 or
a certified copy of such record, shall without prejudice to any,
other method of proof be admissible as prima facie evidence
of the evidence which was given and of the statements which
were made before the tribunal and generally that the pro-
ceedings therein recorded took place.

(9)(a) No appeal shall lie from any decision of fact,
discretion or law made by the court unless the
presiding judge certifies that in his opinion a point
of law of such exceptional public importance arises
from or as a consequence of his decision that the
opinion of the Full Court should be obtained on such
point.
(b) Application for the certificate of the presiding judge
shall be made by summons in chambers.





(c)Upon the giving of any such certificate by the
presiding judge he shall proceed to state a case for
the opinion of the Full Court in which he shall set
forth such matters as he shall deem necessary to
raise the question for the decision of the Full Court.
(d)For the purposes of this subsection the expression
presiding judge shall mean the judge of the court
who heard the proceedings and if such judge is for
any reason incapable of acting, then any judge of
the court.

(10) When a case has been stated under the provisions
of subsection (5) of section 27, appeal shall not lie to the court
but shall lie to the Full Court in like manner as if it were
an appeal from a decision of the court save that it shall be
unnecessary to obtain any such certificate as provided for in.
subsection (8).

(11) Upon any appeal to the Full Court by way of case
stated or otherwise, the Full Court shall have mutatis
mutandis the powers given to the court by this section.

(12) Paragraph (a) of subsections (7) and (8) shall
also apply upon any appeal to the Full Court, or upon
any application therein for a case stated to be sent back for
an amendment, with such modifications as are necessary
owing to the appellate body being the Full Court in lieu
of the court and owing to the appeal being from a decision
of the court in lieu of from a decision of the tribunal.

27.(1) (a) The following shall exercise all the functions
of a tenancy tribunal for the purposes of this Ordin-
ance when authorized by the Chief justice or his
delegate-
(i) any three members of the tenancy tribunal
panel appointed under paragraph (a) of section 30
hereof;
(ii) any magistrate;
(iii) any person who b), reason of possessing
judicial, magisterial or legal or other similar quali-
fications or experience is deemed by the Chief
justice to be competent to sit alone as a tenancy,
tribunal.
(b)A tenancy tribunal shall sit in such place as the
Chief justice or his delegate may, direct.





(2) Every tribunal shall have and may exercise any of
the powers, rights, and privileges following-
(a)to enforce the attendance of parties and witnesses
and examine them upon oath or otherwise;
(b)to compel the discovery, inspection and production
of documents;
(c) to enter and view or to order the inspection of any
premises the subject matter of any application;
(d)to call in the aid of one or more assessors or experts
to assist in the determination of any application.

(3) A summons or order under the hand of the presiding
member ot any tribunal or of such magistrate as aforesaid,
as the case may be, issued or made for the purpose of
exercising any of the foregoing powers, rights and privileges
shall be of like force and effect as the corresponding form of
process issued in any action or suit for the like purpose and
may be enforced by a bailiff or other officer of the court in
like manner as such form of process would be enforced.

(4) Where a tribunal consists of members of the tenancy
tribunal panel the decision or order of a majority of members
of such tribunal shall be deemed the decision or order of the
tribunal. If the tribunal is unable to agree upon a decision
or order the tribunal shall state in the form of a special case
for decision by the court, the matter upon which an
agreement cannot be reached.

(5) Any tribunal may at any stage in the proceedings
before it state in the form of a special case for the opinion
of the court any question of law arising in the course of the
proceedings.

(6)(a) Every inember of the tenancy tribunal panel
shall on his appointment to be a member of a
tribunal take oath in the following form-

'I, .........., swear by Almighty God that I
will well and truly adjudicate upon, all matters before
the tenancy tribunal without fear or favour
affection or ill-will.'

(b)Every interpreter at any proceedings before the
tribunal shall before he interprets have sworn in
the following manner-





'I, ........swear by Almighty God that I
will well and truly interpret all matters which I am
required to do in any Proceedings in the tenancy
tribunals and that I will not add anything thereto or
take anything thercfronb.' [23

28. Without prejudice to any right of appeal or to any,
other mode of enforcement authorized by this Ordinance,
any order of a tenancy tribunal may be enforced as if it
were an order of the court. [29

29. (1) It shall be lawful for the Chief justice subject to
the approval of the Legislative Council to make general rules
and orders for regulating the procedure, business and hours
of tenancy tribunals and of the offices connected therewith
and in respect of appeals therefrom and the forms to be
used and the fees to be payable therein and also the fees
of counsel and the costs of solicitors.

(2) The rules and forms contained and the fees
specified in the Schedule to this Ordinance shall be of like
effect as if the), had been made under the provisions of sub-
section (1). [30

30. It shall be lawful for the Chief Justice from time
to time-
(a)to appoint such persons as he may think fit to be
members of a tenancy tribunal panel and to remove
the name of any person from such panel; and
(b) to appoint such tribunals as he may deern neces
sary for the purposes of this Ordinance. [31

31. (1) The Governor in Council may, in his absolute
discretion and without the necessity of hearing any interest-
ed party, by order exclude from the further application of
this Ordinance any premises or any class of premises.*
Upon any such order being notified in the Gazette the
tenant of any such premises shall be deemed to be holding
at the rent payable immediately before the notification 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

Note: For an exemption relating to premises for social
welfare work and working class housing, see G.N. A.179 of 1950.





expired, then to one month's notice expiring at the end of
the calendar month next after the month in which such order
was notified: Provided that in the event of any notice
having been given prior to such order being notified nothing
herein contained shall entitle a landlord to recover posses-
sion prior to the expiration of such notice.

(2) In any case in which such order will affect only
particular premises to which this Ordinance applies and
will not relate to all prernises of a similar character the power
hereinbefore conferred shall not be exercised save upon the
recommendation of a tenancy tribunal.

(3) Any landlord or tenant desiring to obtain such
recommendation shall serve notice thereof on the 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 ser-
vice and posting shall be verified by afficlavit in the
prescribed form which shall be lodged in the registry of the
court together with a fee of twenty dollars for the hearing
of the application.

(4) Any party other than the person served under sub-
section (3) who opposes the application shall within fourteen
days of such notice having been posted as aforesaid give
notice in writing to the registrar of the court in the prescribed
form stating his interest in the matter and whether lie
wishes to make written representations to the tenancy
tribunal or whether he wishes to appear by himself or by his
advocate on the hearing of the application.

(5) Upon the expiration of such fourteen days-
(a)the Chief justice shall appoint a tenancy tribunal
to hear the application and to determine whether
or not it Should recornmend to the Governor in
Council that the premises to which the application
relates should be excluded from the further applica-
tion of this Ordinance; and
(b)the registrar shall obtain the direction of a judge
in chambers as to which parties in addition to the
person served under subsection (3) shall be entitled
to be heard thereon and as to whether any person
is to be at liberty to forward any written representa-





tions to the tribunal, and shall notify the parties
and any such person accordingly and of the day
fixed for hearing such application.

(6) A tenancy tribunal appointed to determine any
application under this section after hearing such parties and
considering such representations as a judge in chambers
has directed shall be heard and may be put forward
respectively, may in its absolute discretion decide to recom-
mend that the premises to which such application relates
should be excluded, from the further application of this
Ordinance or to make no recommendation and shall inform
the parties of its decision. In the event of the tenancy
tribunal deciding to make a recommendation, the chairman
(if the tenancy tribunal shall forward in writing such re-
commendation and the reasons therefor together with the
papers and any record of the proceedings before the tenancy
tribunal to the Clerk of Councils for the consideration of the
Governor in Council.

(7) The costs of such application shall in any event be
borne by the applicant. Such costs shall be allowable as
would be granted in an action before the court.

(8) Subsections (3) to (7) may be rescinded, added to
or varied by rules made under section 29. [32

32. Any notice given under the provisions of this
Ordinance 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. [33

33. (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 upon summary con-
viction be liable to a fine of one thousand dollars.

(2) Upon the hearing of any summons issued under
this section it shall be lawful for a magistrate, whether the





defendant is convicted or not and 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. [34

34. This Ordinance shall continue in force until and
including the 31st day of December, 1951 : Provided that
it shall be lawful for the Legislative Council from time to
time by resolution to extend the duration of this Ordinance
for such term, not exceeding one year at any one time, as
may be specified in such resolution. [35

35. (1) Immediately after this Ordinance shall cease
to be in force, any tenant who shall have been in occupation
at the time when this Ordinance ceases to be in force shall
be deemed to be holding at the rent payable immediately
before this Ordinance ceases to be in force unless the land-
lord shall have given such tenant such notice to quit,
terminating with the termination of this Ordinance, as
would have been, as regards length of notice a due notice
to quit under the terms of the tenancy if this Ordinance had
not been passed.

(2) The expiration of this Ordinance shall not render
recoverable by a landlord any rent or other sum which
during the continuance thereof was irrecoverable, or dffect
the right of a tenant to recover any sum which during the
continuance thereof was under this Ordinance recoverable
by him. [36

36. Nothing in this Ordinance 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 obliga-
tion of paying the rates in respect of such premises was
assurned by the tenant under the terms of the tenancy. [37





SCHEDULE. [s. 29.]

PART I.
RULES OF PROCEDURE.
Interpretation.
(1) In these rules-
answer' means every answer made by an opponent;
applicant' means a party making an application, and includes a
firm, a company registered under the Companies Ordinances, and
a body corporate;
application' means every application made under the Ordinance;
clerk of the tribunal' means any officer of the tribunal discharging,
for the time being, the duties of his office;
office' means the offices of the tribunal in Hong Kong and Kowloon;
opponent' means a party opposing an application, and includes
a firm, a company registered under the Companies Ordinances,
and a body corporate;
'Ordinance' means the Landlord and Tenant Ordinance;
'tribunal' means any tenancy tribunal constituted under the pro-
visions of the Ordinance.
(2) Any reference to 'these rules' shall include a reference
to any rules of the tribunal made in addition to these rules, or
in substitution for any of them.
(3) Any reference in these rules to the chairman of any tenancy
tribunal shall be deemed to include a magistrate or a person who
by virtue of section 28 of the Ordinance, and by virtue of the
authority of the Chief Justice is exercising the function of a Lenancy
tribunal.

Sealing.
2. Applications, answers and orders shall be sealed with the
seal of the tribunal.

Forms.
3. The forms contained in, Part II of this Schedule shall
be used in the appropriate cases, with such variations and additions
as the circumstances of the particular case may require, and shall,
as regards the form thereof, be valid and sufficient.
4. Application forms may be obtained from the office on pay-
ment of the prescribed fees.
5. All applications and other matters in respect of premises
in Hong Kong and Kowloon -will he dealt with by the Hong Kong
and Kowloon Offices respectively.

Preparation of Applications.
6. Applications shall be prepared in triplicate and in the
English language (except as hereinafter provided), and shall he
signed by. the applicant or by his advocate on his behalf.
7. The applicant shall set out the reasons for and all material
facts in support of his application in triplicate on a separate sheet
or sheets of paper which shall be of the same size as the applica-
tion form, and which shall be annexed to each of the three copies
of the application.
8. The applicant shall deliver the three copies of the applica-
tion to the clerk of the tribunal, who shall-





(a)enter the application, if duly prepared, in a book to be
kept for the purpose;
(b) number the application;
(c) seal each copy thereof; and
(d) return two copies to the applicant.

Service.
9. The applicant shall serve a sealed copy of the application
on the opponent.
10. Except as otherwise directed, and unless the tribunal thinks
it just and expedient otherwise to direct, service of an application
shall be personal, that is, the application shall be delivered to the
party named as the opponent.
11. Service shall not be made on a general holiday, or before
8.00 a.m. or after 8.00 p.m.
12. Service shall be affected by a person who can identify the
person to be served.
13. Service on a firm shall be effected either upon any one
or more of the partners, or by delivering the application to any
person at the principal place of business of the partnership who
at the time of service apparently has the control or management
of the partnership business.
14. Service on an incorporated company shall be effected by
delivering the application to the manager or secretary.
15. If for any reason personal service cannot be conveniently
effected, the applicant may apply to the tribunal for an order
authorizing another mode of service. Such application will be made
by letter accompanied by an affidavit or affirmation verifying the
facts in support of the application.
16. Any document required to be served on sub-tenants shall,
if served upon an adult person at the premises and posted for
three consecutive days at the main door or entrance thereof, be
deemed to have been served upon all the sub-tenants of the premises
or any part thereof.
17. The applicant or his agent shall within two days after the
service of an application inform the office of the tribunal in writing
of the date of such service.
18. The tribunal may direct service of an application or answer
upon any interested party.

Answers.
19. A party having been duly served with a sealed copy of
an application and desiring to oppose it, shall prepare an answer
setting forth his reasons and all material facts in support of his
opposition.
20. The answer shall be headed with the words 'Grounds of
Opposition', and shall be in triplicate in the English language
(except as hereinafter provided) on paper similar in size to that
of the application. The answer shall be signed by the opponent
or his advocate.
21. Where the rent of the premises is less than twenty-five
dollars per month, applications or answers by the tenant may be
in the Chinese language.
22. The opponent or his advocate shall deliver two copies of
the answer (duly signed) to the office within seven days after service
of the application.





23. The applicant shall, not less than seven and not more than
ten days after service of the application, obtain from the clerk
a copy of the answer.

Date of Hearing.
24. Three days after a copy of the answer has been obtained
in accordance with rule 22, notice of the date fixed for the hearing
of the application will be posted at the office. This shall be deemed
to be due and proper notice to the parties.
25. At the date of the hearing, both parties shall appear before
the tribunal with their respective advocates, witnesses and docu-
mentary evidence.
26. If the party duly served with the application does not,
within the time prescribed therefor, deliver an answer as aforesaid,
the applicant may, upon filing an affidavit of service, apply to the
tribunal to hear the application in the absence of the defaulting
party.

Sittings of Tribunal.
27. No member of a tribunal shall hear an application in respect
of premises in which he is financially interested.
28. (1) The sittings of the tribunal will be on stated days.
(2) The sittings shall be public.
29. A note of all matters pertinent to the proceedings shall
be kept in the English language by or under the direction of the
chairman and in particular a note of the evidence of each witness
at the time when such evidence was given.
30. The tribunal (for reasons which the chairman shall record
in the notes of proceedings) may at any time do any of the following
things as it thinks just-
(a)defer or adjourn the hearing or determination of any
application;
(b)order or allow any amendments of an application or other
documents;
(c)appoint or allow a time for, or enlarge or abridge the time
appointed or allowed fgr or allow further time for, the
doing of any act;
(d) correct any errors in the record.
31. No application or answer shall be treated by the tribunal
as invalid on account of any technical error or mistake in form
or in words.

Evidence and Witnesses.
32. (1) All witnesses (except those objecting or incompetent
to take an oath) shall be examined upon oath, which shall be in
the following form-
'I swear by Almighty God that the evidence I shall give
shall be the truth, the whole truth and nothing but the
truth.'
(2) If any witness shall object to take an oath, or is held to
be incompetent to take an oath, he may make a declaration in
the following form-
'I, A. B., solemnly promise and declare, etc.'
(3) These. forms may be varied in conformity with the religious
belief of the witness into any form which he shall declare or
admit to be binding on his conscience.





33. Every witness is first examined-in-chief by the party calling
him. After the conclusion of the examination-in-chief the opposing
side has the right to cross-examine.
34. After the cross-examination, the party calling the witness
has the right to re-examine him if any new fact arises out of
the cross-examination or in explanation of any part of his cross-
examination, but the re-examination must be strictly confined to
matters arising out of the cross-examination. After the re-examilia-
tion, no further questions shall be asked of any witness, except
by leave of and through the tribunal, but the tribunal is at liberty
at any stage of the proceedings to put all such questions to any
witness as may be necessary in order to elicit all facts of the
case. The tribunal may at any time recall a witness for further
questioning. When any document is produced to the tribunal, it
shall be read and admitted as evidence if relevant and if it appears
to the tribunal to be a genuine document.
35. The tribunal may take into consideration any matter which
it considers relevant to the application before it notwithstanding
that such matter is not strictly admissible under the law relating
to evidence: Provided that nothing contained in this rule shall
preclude the court upon any appeal from disregarding anything so
admitted if it considers such course desirable in the interests of
justice.
Hearing.
36. (1) If at the hearing the applicant appears, but the
opponent does not appear, the tribunal shall, before hearing the
application, inquire into the service of the application on the absent
party.
(2) The tribunal if not satisfied as to service, may adjourn the
hearing to permit of such further service as it may direct; but
if so satisfied, may proceed to hear the application notwithstanding
the absence of the opponent.
37. If at the hearing the applicant does not appear and the
opponent appears and does not admit the application, rhe tribunal
may in its discretion dismiss or adjourn the application upon such
terms as to the tribunal shall seem fit.

Amendments.
38. The tribunal may at any stage of the hearing and in
such manner and upon such terms as may be just, allow all such
amendments to be made as may be necessary for the purpose of
determining the real question in controversy between the parties.

Orders.
39. (1) Every order made by the tribunal shall be noted in
the notes of the proceedings, at the time when the order is made.
(2) Every such order shall have the full force and effect of
a formal order.
40. The court may at any time cause a formal order to be
drawn up on the application of any party. A formal order shall
be certified by affixing thereto the seal of the tribunal and shall
be signed by the chairman. An order shall bear the date of the
delivery of the decision on which the order is founded.

Case Stated.
41. When a case has been stated under subsection (5) of section
27 it shall be the duty of the chairman to supply a copy thereof





to the Parties, who may within seven days apply by summons in
chambers to the court for an order directing the chairman to amend
the case in any particular. The chairman shall if so directed by
the court amend the case in accordance with such direction.
42. The court shall after the time for applying to amend th.3
case has elapsed or if it has directed the case to be amended,
after the case has been amended in accordance with its direction,
at the request of either party, set down the case for argument
before the court.
Appeal.
43. All appeals shall be brought by notice of motion in a
summary way.
44. The notice of motion shall be served on all persons affected
by the appeal and it shall not be necessary to serve parties not
so affected.
45. Notice of motion shall be a fourteen days notice.
46. An appeal must be brought within seven days after the
order or decision against which appeal is lodged.
47. A notice of motion shall operate as a stay of proceedings
under the decision from which appeal is made.
48. It shall be the duty of the appellant to apply tg the
chairman of the tribunal for a signed copy of the notes of the
proceedings before such tribunal and to furnish such copy for the
use of the court in the appeal. The appellant shall also furnish
such copy of the notes to the respondent.
Fees and costs.
49. A tenancy tribunal shall have no power to make any order
as to the payment of the fees or costs paid or incurred by the
applicant or opponent: Provided that in any proceedings before
the court or Full Court, the court or Full Court as the case may
be shall have full and complete discretion as to costs and may
order that such sum as it shall specify in such order be paid
by one or more of the parties before it to another party towards
the costs of such lastly mentioned party including any fees pay-
able to a barrister or costs due to a solicitor.
General.
50. The fees specified in Part III of this Schedule shall be paid.
51. Where in regard to any matter of practice or procedure
no provision is made in these rules, the practice and procedure
obtaining in the Supreme Court may be observed, so far as cir-
cumstances permit.
52. These rules may be cited as the Tenancy Tribunal Rules.

SCHEDULE.

PART II.
LIST OF FORMS.
1. Application to Vary Rent.
2. Application to Apportion Rent.
3. Application for Order for Ejectment.





4. Application for Rent and/or Mesne Profits.
5. Application for leave to Assign, Transfer or Sub-let.
6. { Affidavit of Service.
Affirmation
7. Order Fixing Rent.
8. Order Apportioning Rent.
9. Order for Possession.
10. Notice of Motion on Appeal.
11. Notice of Application for Exemption under section 31.
12. Affidavit of Service and posting of Notice of Application for
Exemption under section 31.
13. Application for leave to appear or make representations on
applications for Exemption under section 31.

FoRm 1.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

NATURE OF APPLICATION.
To VARY THE RENT PAYABLE.

Particulars of Application.

1. Name and address of applicant.
2. Name and address of opponent.
3. Description of premises.
4. Amount of rent payable.
5. Amount of increase or decrease sought.
6. Reason for the increase or decrease.
(Reasons for and material facts
in support should be stated on a
separate piece or pieces of paper).

FORm 2.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

NATURE OF APPLICATION.
To APPORTION THE RENT PAYABLE.

Particulars of Application.

1. (Name(s) and address(es) of applicant(s).
2. Name(s) and address(es) of opponent(s).





3. Address and description of premises.
4. Amount of rent payable to the landlord.
$ by
5. Apportionment of rent payable by each $ by
sub-tenant. $ by
$ by
$ by
6. State whether the apportionment is
based solely on the floor area or
upon other considerations also.

FORM 3.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

NATURE OF APPLICATION.
FOR AN ORDER FOR EJECTMENT.

Particulars of Application.

1. Name and address of applicant.
2. Name and address of opponent.
3. Address and description of premises.
4. Reasons for the application.
(Reasons for and material facts
in support should be stated on a
separate sheet or sheets of paper).

FORm 4.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

NATURE OF APPLICATION.
FOR PAYMENT OF RENT AND/OR Mesne PROFITS.

Particulars of Application.

* 1. Name and address of applicant.
* 2. Name and address of opponent.
* 3. Address and description of premises.

* These particulars need not be given where the application is made
concurrently with any other application in which the same already
appear.





4..........................The rent for the said premises is $........ per week/month.
5. The opponent is in arrears with payment of the said rent as
from .....................19 ; alternatively, lie is liable
to the applicant for mesne profits as from the said date.
6..............The applicant claims $ arrears of rent or mesne
profits.

..............FORm 5.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

NATURE OF APPLICATION,
FOR LEAVE To ASSIGN, TRANSFER OR SUB-LET.

Particulars of Application.

1. Name and address of applicant.
2. Address and description of premises.
3. Number of application pursuant to which order
for possession was made.
4. Date of said order.
5. Grounds for application.(These should be stated on a
separate piece or pieces of paper
to be similar in size to this form).
6 Proposed rent, and/or other consideration for
assigning, transferrring or sub-letting.
7. Name and address of proposed assignee,
transferee or sub-tenant.
8. Whether whole or portion of premises is subject
matter of application.
9. Whether the ejected tenant has been offered
the premises or portion thereof as the case
may be. Name and present address (if known) of ejected
tenant.

FORM 6
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank]

AFFIRMATION OF PERSONAL SERVICEt
AFFIDAVIT
I, of
make oath and say as follows:
hereby sincerely and truly affirm and say as follows:

t Strike out inapplicable words, according as affidavit or
affirmation is made.





I did on the day of 19 , at

personally serve
the person named as the opponent in the above application, with a
true copy of the said application-.
*And I solemnly sincerely and truly affirm and say that the
contents of this my affirmation are true.
SWORN at
AFFIRMED at
Victoria, Hong Kong,
Kowloon this day
of 19 , having been duly
interpreted to the deponent in the
dialect of the Chinese language by
Interpreter,
Before me,

For affirmations only.

FORm 7
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

ORDER FIXING RENT.
UPON hearing this application on the
It is decided that an increase of the rent of
decrease
by $ is fair and reason-able,
AND IT IS ORDERED that the rent of the said premises be fixed at
$ per calendar month from the day
of 19
DATED the day of 19

............ 1
Chairman.

FORm 8.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

ORDER APPORTIONING RENT.
UPON hearing this application
on the





It is decided that the apportionment of the sum of $
being the rent of the premises
be as follows, namely:
the sum of $ to be payable by
the sum of $ to be payable by
the sum of $ to be payable by
the sum of $ to be payable by
the sum of $ to be payable by
the sum of $ to be payable by
AND IT IS ORDERED that the rent of the said premises be appor-
tioned accordingly as from the day of 19
DATED the day of 19
..........................................
Chairman.

FORM 9.
TENANCY TRIBUNAL.
INTHE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

ORDER FOR POSSESSION
UPON hearing this application
on the
(1) It is decided that
(2) It is ordered that the applicant
do recover possession of the premises as from
DATED the day of 19.

.................................. ..........
Chairman.

FORM 10.
IN THE SUPREME OF HONG KONG
SUMMARY JURISDICTION.
INTHE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Action No.
[To be left blank.]

BETWEEN Appellant
and
Respondent.
NOTICE OF MOTION ON APPEAL.
TAKE NOTICE that the Court will be moved at ..................
o'clock m. on ..........day the ..day of 19
or as soon thereafter as may be.





The motion is on appeal for an order that the decision and/or
order made by tenancy tribunal in Application No . be
reversed
set aside and that the said
varied
pay to the said the costs of an incidental to this
appeal and for such further or other order as the Court may seem
just.

AND FURTHER TAKE NOTICE that the grounds of this appeal
are (here state concisely the grounds of the appeal, stating each
ground in a separate paragraph):

DATED the day of 19



...................................
Solicitor for the Appellant.


The above-named Respondent
and
The Registrar, Supreme Court.

. . .. .. .... ...
Counsel for the Appellant.


FORM 11.

TENANCY TRIBUNAL.

IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

NOTICE OF APPLICATION FOR EXEMPTION UNDER SECTION 31.

To:
(insert name and address of landlord or tenant).
TAKE NOTICE that
of intends to apply under
section 31 of the abovementioned ordinance for a recommendation by
a tenancy tribunal that the premises (describe)
be exempted from the application of the said Ordinance.

AND FURTHER TAKE NOTICE that if you wish to oppose the
application you should within fourteen days of the date appearing
below give notice of such intention to the Registrar of the Supreme
Court from whom the appropriate form can be obtained.

DATED the day of 19

~~i.~na i u r ~- or c





FORm 12.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)

AFFIDAVIT OF SERVICE AND POSTING OF NOTICE or APPLICATION
FOR EXEMPTION UNDER SECTION 31.
of
I hereby sincerely and truly affirm and say as follows:
make oath and say as follows:
I did on the day of 19 ' post up at the
entry of the premises known as
a notice of intention to apply that the said premises be exempt
from the provisions of the abovementioned Ordinance, of which notice
the document now shown to me marked is a true copy.
I also did on the day of 19
serve a duplicate of such notice on
who is tenant of the said premises.
landlord
*And I solemnly sincerely and truly affirm and say that the
contents of this my affirmation are true.
SWORN AT
AFFIRMED AT
Victoria, Hong Kong,
Kowloon this day
of 19 having been duly
interpreted to the deponent in the
dialect of the Chinese language
by
Interpreter,
Before me,

Strike out inapplicable words, according as Affidavit or
Affirmation is made.
For Affirmations only.

FORM 13.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

APPLICATION FOR LEAVE To APPEAR OR MAKE REPRESENTATIONS
ON APPLICATIONS FOR EXEMPTION UNDER SECTION 31.
I, of
hereby apply for leave (a)* to appear* personally before * (b)
by advocate
Delete whichever is inapplicable.





to make written representations to a tenancy tribunal on the hearing
of an application that the prernises known as
be exempted from the provisions of the abovenientioned Ordinance.

I am interested in the application because
(here state reason, e.g. 'I am a sub-tenant of part of the said
premises').

DATED the day of 19

(Signature or chop)

SCHEDULE

PART III.
FEES.
Where the rent does not exceed $50.00 per nionth:
Cost of application form ........$ 1.00
Every other form ....................50
Where the rent exceeds $50.00 per month:
Cost of application form ........$ 1.00
Every other form ....................50
Filing of application .............5.00

In all Cases:
Notice of appeal.............................................................. $10.00
25 of 1947. 13 of 1948. 43 of 1949. 24 of 1950. Short title. Interpretation. [s. 2 cont.] 13 of 1948, s. 2. 24 of 1950, schedule. Application of Ordinance. 13 of 1948, s. 3. (Cap. 123.) 13 of 1948, s. 3. [s. 3 cont.] 13 of 1948, s. 3. No rent in excess of the standard rent. Restriction on recovery of possession and effect of retention of possession. 43 of 1949, s. 3. (Cap. 123.) Permitted increases and adjustments. [s. 6 cont.] 43 of 1949, s. 4. Postponement of permitted increase where repairs effected by tenant. Offences. [s. 8 cont.] Recovery of excessive payments by civil action. Offence of protected tenant demanding premium, etc. Duties of principal tenant. [s. 11 cont.] Termination of principal tenancy. Saving as to new agreements to vacate. [s. 13 cont.] Savings for unexpired term. Agreed increase of rent. Tribunal may revise rent in certain cases. Tribunal may fix or apportion rents in certain cases. Order for eviction by tenancy tribunal. [s. 18 cont.] (15 of 1935.) Order for recovery where domestic premises are required for occupation by landlord, etc. Order where sub-letting is made without landlord's consent. Statement to be supplied as to standard rent. [s. 21 cont.] Powers of tribunal. Order for eviction of principal tenant not to operate against sub-tenants. Giving effect to order for eviction. Power of entry and inspection. Appeal. (Cap. 5.) [s. 26 cont.] 13 of 1948, s. 4. 13 of 1948, s. 4. [cf. 7 Ed. 7, c. 23, s. 1(6).] 13 of 1948, s. 4. 13 of 1948, s. 4. 13 of 1948, s. 4. 13 of 1948, s. 4. Constitution and powers of tribunals. 13 of 1948, s. 5. 24 of 1950, Schedule. [s. 27 cont.] Enforcement of order of tribunals. Power to make general rules and orders. Schedule. Appointment of members of tenancy tribunal panel and tenancy tribunals. 24 of 1950, Schedule. Power to exclude operation of Ordinance. [s. 31 cont.] Method of service of notices. Prohibition of acts done mala fide with intent to induce a lessee to quit. [s. 33 cont.] Duration of Ordinance. G.N.A. 272/50. Effect of the termination of the Ordinance. Collection of rates not to be effected. (Cap. 32.) (Cap. 255.) G.N.A. 175/48. [Sch, cont.] G.N.A. 175/48. [Sch, cont.] G.N.A. 175/48. [Sch, cont.] [Sch, cont.] [Sch, cont.] [Sch, cont.]

25 of 1947. 13 of 1948. 43 of 1949. 24 of 1950. Short title. Interpretation. [s. 2 cont.] 13 of 1948, s. 2. 24 of 1950, schedule. Application of Ordinance. 13 of 1948, s. 3. (Cap. 123.) 13 of 1948, s. 3. [s. 3 cont.] 13 of 1948, s. 3. No rent in excess of the standard rent. Restriction on recovery of possession and effect of retention of possession. 43 of 1949, s. 3. (Cap. 123.) Permitted increases and adjustments. [s. 6 cont.] 43 of 1949, s. 4. Postponement of permitted increase where repairs effected by tenant. Offences. [s. 8 cont.] Recovery of excessive payments by civil action. Offence of protected tenant demanding premium, etc. Duties of principal tenant. [s. 11 cont.] Termination of principal tenancy. Saving as to new agreements to vacate. [s. 13 cont.] Savings for unexpired term. Agreed increase of rent. Tribunal may revise rent in certain cases. Tribunal may fix or apportion rents in certain cases. Order for eviction by tenancy tribunal. [s. 18 cont.] (15 of 1935.) Order for recovery where domestic premises are required for occupation by landlord, etc. Order where sub-letting is made without landlord's consent. Statement to be supplied as to standard rent. [s. 21 cont.] Powers of tribunal. Order for eviction of principal tenant not to operate against sub-tenants. Giving effect to order for eviction. Power of entry and inspection. Appeal. (Cap. 5.) [s. 26 cont.] 13 of 1948, s. 4. 13 of 1948, s. 4. [cf. 7 Ed. 7, c. 23, s. 1(6).] 13 of 1948, s. 4. 13 of 1948, s. 4. 13 of 1948, s. 4. 13 of 1948, s. 4. Constitution and powers of tribunals. 13 of 1948, s. 5. 24 of 1950, Schedule. [s. 27 cont.] Enforcement of order of tribunals. Power to make general rules and orders. Schedule. Appointment of members of tenancy tribunal panel and tenancy tribunals. 24 of 1950, Schedule. Power to exclude operation of Ordinance. [s. 31 cont.] Method of service of notices. Prohibition of acts done mala fide with intent to induce a lessee to quit. [s. 33 cont.] Duration of Ordinance. G.N.A. 272/50. Effect of the termination of the Ordinance. Collection of rates not to be effected. (Cap. 32.) (Cap. 255.) G.N.A. 175/48. [Sch, cont.] G.N.A. 175/48. [Sch, cont.] G.N.A. 175/48. [Sch, cont.] [Sch, cont.] [Sch, cont.] [Sch, cont.]

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