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Ord. No. 37/86
Short title and
commencement.
Amendment of
section 10.
(Cap. 7.)
Amendment of section 58.
LANDLORD AND TENANT (CONSOLIDATION)
L.S.
(AMENDMENT)
HONG KONG
No. 37 OF 1986
I assent.
Edward YOUDE,
Governor.
3 July 1986
An Ordinance to amend the Landlord and Tenant (Consolidation) Ordinance.
[1 August 1986]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. (1) This Ordinance may be cited as the Landlord and Tenant (Consolida- tion) (Amendment) Ordinance 1986 and, subject to subsection (2), shall come into operation on 1 August 1986.
(2) Section 3 shall come into operation on 19 December 1986.
2. Section 10(1) of the principal Ordinance is amended by deleting "27" and substituting the following—
3.
"30".
Section 58(2) of the principal Ordinance is amended in the proviso by deleting "55" wherever it occurs and substituting the following-
Amendment of section 75.
4.
Addition of new section 75A.
"60".
Section 75 of the principal Ordinance is amended--
(a) by inserting before the definition of "court" the following definition-
"Collector of Rates" has the meaning assigned to it in section 2 of the (Cap. 116.)
Rating Ordinance;"; and
(b) by inserting after the definition of "court" the following definition—
"rateable value" means-
(Cap. 116.)
(a) in the case of premises being a tenement included in a valuation list maintained by the Collector of Rates under section 14A of the Rating Ordinance, the rateable value shown in that list; or
(b) in any other case, the rateable value certified under section
75A;".
5. The principal Ordinance is amended by adding after section 75 the following-
"Certificate as to rateable value.
75A. For the purposes of ascertaining the rateable value of any premises in connexion with any application under section 101 a certificate purporting to be under the hand of an officer of the Rating and Valuation Department not below the rank of Rent Officer showing in respect of any particular day-
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT)
(Cap. 116.)
6.
Ord. No. 37/86
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(a) in the case of premises being a tenement included in a valuation list maintained by the Collector of Rates under section 14A of the Rating Ordinance, the rateable value shown in that list; or
(b) in any other case, whether or not the rateable value of those premises exceeds the sum mentioned in section 101(1),
shall be admissible in any proceedings on its production and without further proof and shall be prima facie evidence of the facts stated therein.".
Section 101 of the principal Ordinance is amended—
(a) in subsection (1)—
(i) by deleting "Where any immovable" and all the words following thereafter up to and including "if the tenant is" and substituting the following-
"If a tenant of premises with a rateable value not exceeding $30,000 at the time of an application for a warrant under this section is"; and (ii) by deleting "at the request" and substituting the following-
"on the application"; and
(b) by inserting after subsection (2) the following-
7.
"(3) The Legislative Council may by resolution amend the sum mentioned in subsection (1).".
Section 128 of the principal Ordinance is amended- (a) by inserting after the definition of "agent" the following definition--
"Collector of Rates" has the meaning assigned to it in section 2 of the
Rating Ordinance;"; and
(Cap. 116.)
(b) by inserting after the definition of "premises" the following definition-
"rateable value" means—
(Cap. 116.)
66
(a) in the case of premises being a tenement included in a valuation list maintained by the Collector of Rates under section 14A of the Rating Ordinance, the rateable value shown in that list; or
(b) in any other case, the rateable value certified under section
128A;".
Amendment of section 101.
Amendment of section 128.
8. The principal Ordinance is amended by adding after section 128 the Addition of new following-
"Certificate as to rateable value.
(Cap. 116.)
128A. For the purposes of ascertaining the rateable value of any premises in connexion with any proceedings under section 129 or 132 a certificate purporting to be under the hand of an officer of the Rating and Valuation Department not below the rank of Rent Officer showing in respect of any particular day-
(a) in the case of premises being a tenement included in a valuation list maintained by the Collector of Rates under section 14A of the Rating Ordinance, the rateable value shown in that list; or
(b) in
other case,
any
whether or not the rateable value of those premises exceeds the sum mentioned in section 129 or 132, as the case may be,
shall be admissible in any proceedings on its production and without further proof and shall be prima facie evidence of the facts stated therein.".
section 128A.