THE HONG KONG GOVERNMENT GAZETTE, MARCH 24, 1939.
HONG KONG.
No. 5 of 1939.
I assent.
L.S.
G. A. S. NORTHCOTE, Governor.
24th March, 1939.
An Ordinance to amend the Prevention of Eviction Ordinance,
1938.
24th March, 1939.]
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:
1. This Ordinance may be cited as the Prevention of Short title. Eviction Amendment Ordinance, 1939.
2. Section 3 of the Prevention of Eviction Ordinance, 1938, is amended by renumbering sub-section (1), (2), (3), (4), (5) and (6) as sub-sections (2), (3), (4), (5), (6) and (7) respectively and by the insertion of the following sub-section as sub-section (1) :-
New sub- section 3 (1) No. 6 of 1938 and
of Ordinance
consequent renumber- ing of
(1) During the continuance in force of this Ordinance, a present landlord's common law rights of re-entry are suspended, except sub-sections. where the tenant has abandoned possession, and if in purported exercise of common law rights, otherwise than where the tenant has abandoned possession, a landlord effects or attempts to effect such re-entry, either peaceably or forcibly, the tenant shall have a civil remedy against him for an injunction and damages without prejudice to any statutory liability of the landlord to criminal proceedings.
and 5 for
3. The Prevention of Eviction Ordinance, 1938, is New amended by the renumbering of sections 4, 5 and 6 as sections sections 4 6, 7 and 8 thereof and by the addition of the following sections Ordinance immediately after section 3:-
4. In respect of a dwelling house to which this Ordinance applies, the court shall, in addition to any powers which it may have under this or any other enactment, in any proceed- ings have power to determine any question in relation to the rent payable or to be paid by a sitting tenant.
No. 6 of
1938 and
consequent renumbering of present sections 4,
5 and 6.
Power to
court to questions relating
determine
to rent.
203