C.S.O.6/5666/38.
70
[No. 33-16.1.39.-2.]
A BILL
Short title.
New sub-
INTITULED
An Ordinance to amend the Prevention of Eviction Ordinance,
1938.
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 Eviction Amendment Ordinance, 1939.
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2. Section 3 of the Prevention of Eviction Ordinance, section 3 (1) 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):-
No. 6 of 1938 and consequent renumber-
ing of present
sub-sections.
New sections 4
and 5 for Ordinance No. 6 of 1938 and consequent renumbering of present sections 4, 5 and 6.
Power to court to determine questions relating
to rent.
Certain restrictions
on issue of distress warrants. [cf. Ordin- ance No. 1 of 1883.]
Substitution
for section
6 (3) of Ordinance
No. 6 of 1938 as re- numbered.
(1) During the continuance in force of this Ordinance, at landlord's common law rights of re-entry are suspended, except 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.
3. The Prevention of Eviction Ordinance, 1938, is amended by the renumbering of sections 4, 5 and 6 as sections 6, 7 and 8 thereof and by the addition of the following sections 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.
5. Before the issue of any warrant under the Distress for Rent Ordinance, 1883, the judge or the Registrar, as the case may be, may require proof to his satisfaction that the tenant is unwilling to pay the rent demanded or that such rent is not excessive.
4. Section 6 of the Prevention of Eviction Ordinance, 1938, as renumbered by section 2 of this Ordinance, is amended by the substitution of the following sub-section for sub-section (3) thereof―