32
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
subsequently made to appear to the Tribunal that the order was obtained in bad faith or by the misrepresentation or concealment 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 inconvenience sustained by him as a result of the order for recovery of possession or ejectment.
(25 of 1947 s. 19 incorporated. Amended 76 of 1981 s. 22)
Order where subletting is made without landlord's consent
36. The Tribunal on the application of a landlord may 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 1 March 1946 without the consent in writing of the landlord, assigned, transferred, sublet or parted with the possession of such premises or any part thereof:
Provided that no order shall be made under this section against an occupier holding as the sub-tenant of a principal tenant any portion of any domestic premises which premises before 22 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.
(25 of 1947 s. 20 incorporated. Amended 76 of 1981 s. 23)
Tenant if a party to an application under section 36 shall be bound by an order made thereunder
37. A tenant who has been made a party to an application under section 36 shall without prejudice to any appeal be bound by an order in favour of the landlord made under that section, and any tenancy in the premises to which the order relates to which such tenant is or might be entitled by virtue of this Part shall cease and determine.
(Added 22 of 1953 s. 15)
Apparent change in occupancy shifts onus of proof to tenant
38. Where a landlord establishes a prima facie case that there has been an apparent change in the occupancy of premises or of part thereof, the tenant shall be deemed to have parted with the possession of such premises or of such part unless he satisfies the Tribunal to the contrary.
(Added 22 of 1953 s. 15. Amended 76 of 1981 s. 24)
A tenant about to absent himself from Hong Kong for certain periods may sublet under conditions
39. (1) A tenant of domestic premises not being a corporation or unincorporate body shall not be deemed to have assigned, transferred, sublet or parted with possession for the purposes of section 36 if the Tribunal is satisfied that (Amended 76 of 1981 s. 25)
(a) he sublet to a person for a period during which the tenant was absent from Hong Kong; and
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