A438

Amendment of section 31.

Amendment of section 32.

Amendment of section 33.

Amendment of section 34.

Amendment of section 35.

Ord. No. 76/81 LANDLORD AND TENANT (CONSOLIDATION)

(AMENDMENT) (NO. 2)

(c) by deleting "the tribunal" and substituting the following-

"the Commissioner".

18. Section 31 of the principal Ordinance is amended--

(a) in the marginal note, by deleting "Tribunal" and substituting the

following-

"Commissioner";

(b) by deleting "a tenancy tribunal" and substituting the following-

"the Commissioner"; and

(c) by deleting "the tribunal" and substituting the following-

"the Commissioner".

19. Section 32 of the principal Ordinance is amended-

(a) by deleting "A tenancy tribunal" and substituting the following—

"The Tribunal";

(b) by inserting, immediately before paragraph (a), the following

paragraph-

"(aa) hear any appeal from any decision, determination or assessment of the Commissioner made under this Part; or";

(c) by deleting "tribunal" and substituting the following—

"Tribunal".

20. Section 33 of the principal Ordinance is amended— (a) in subsection (1)—

(i) by deleting "A tenancy tribunal" and substituting the follow- ing-

"The Tribunal"; and

(ii) in paragraphs (c) and (e), by deleting "the tribunal" and substituting the following-

"the Tribunal"; and

(b) in subsection (2), by deleting "the tenancy tribunal" and sub-

stituting the following-

"the Tribunal".

21. Section 34 of the principal Ordinance is amended by deleting "the tribunal" and substituting the following-

"the Tribunal".

22. Section 35 of the principal Ordinance is amended- (a) in subsection (1)—

(i) by deleting "A tenancy tribunal" and substituting the follow- ing-

"The Tribunal"; and

(ii) in the proviso, by deleting "the tribunal" and substituting the following-

"the Tribunal";

(b) in subsection (2), by deleting "a tenancy tribunal" and sub-

stituting the following-

"the Tribunal"; and

LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)

c) in subsection (3)—

Ord. No. 76/81

A439

(i) by deleting "a tenancy tribunal" and substituting the follow- ing-

"the Tribunal"; and

(ii) by deleting "the tribunal" in both places where it appears and substituting the following—

"the Tribunal".

23. Section 36 of the principal Ordinance is amended by deleting Amendment of "A tenancy tribunal" and substituting the following-

"The Tribunal”.

section 36.

24. Section 38 of the principal Ordinance is amended by deleting Amendment of "a tenancy tribunal" and substituting the following-

"the Tribunal".

section 38.

25. Section 39(1) of the principal Ordinance is amended by deleting Amendment of "the tribunal" and substituting the following-

"the Tribunal".

section 39.

26. Section 40 of the principal Ordinance is amended by deleting Amendment of "a tribunal" and substituting the following-

"the Tribunal”.

27. Sections 41 and 42 of the principal Ordinance are repealed.

section 40.

Repeal of sections 41 and 42.

28. Section 43 of the principal Ordinance is repealed and replaced Repeal and by the following section-

**Appeal to Court of Appeal.

(Cap. 17.)

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 determina- tion 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.".

replacement of section 43.

29. The principal Ordinance is amended by adding, immediately after Addition of section 43, the following section-

"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.".

new section 43A.

section 44.

30. Section 44(3) of the principal Ordinance is amended by inserting, Amendment of after "10(1A)", the following-

"or 10(3AA)".

31. Section 49 of the principal Ordinance is amended-

(a) by deleting the definition of "Panel"; and

(b) by inserting, in the appropriate alphabetical order, the following

definition-

(Cap. 17.)

"Tribunal" means the Lands Tribunal established under the

Lands Tribunal Ordinance.".

32. Section 50(6) of the principal Ordinance is amended— (a) by deleting paragraphs (f) and (g); and

Amendment of section 49.

Amendment of section 50(6).

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