38
CAP. 7
Landlord and Tenant (Consolidation)
[1988 Ed.
or sub-tenancy, including any provision purporting generally or specifically to exclude this Part. (Amended 29 of 1983 s. 11)
(2) For the purposes of this section, "post-war premises" means premises to which Part I does not apply by virtue of section 3(1)(a). (Replaced 29 of 1983 s. 11)
(3) The burden of proving that premises in a building are not post-war premises shall lie on the person so asserting; and a copy of a written permit of the Building Authority to occupy a building shall be prima facie evidence that premises in that building are not post-war if the permit purports to have been issued prior to 17 August 1945. (Amended 29 of 1983 s. 11)
(4) (a) The benefits and protection afforded by this Part shall, in any tenancy or sub-tenancy to which it applies, be available to the widow, widower, mother, father or any daughter or son over the age of 18 years of the tenant or sub-tenant, as the case may be, where she or he was residing with the tenant or sub-tenant at the time of his or her death, and for the purposes of this Part references to tenant or sub-tenant shall, except in this subsection, be deemed to include a reference to such widow, widower, mother, father, daughter or son. (Amended 29 of 1983 s. 11; 40 of 1984 s. 14)
(b) Only one person mentioned in paragraph (a) shall be entitled to the benefits and protection of this Part at one time and, in default of agreement by those persons, the Tribunal shall nominate that person on such grounds as appears to it to be just and equitable. (Added 29 of 1983 s. 11)
(c) The benefits and protection afforded by this Part shall not be available to a personal representative of a deceased tenant or sub-tenant or, notwithstanding any will or the law of succession on intestacy, any other person who is not a person mentioned in paragraph (a) as entitled to those benefits or that protection. (Added 40 of 1984 s. 14)
(5) (Repealed 6 of 1980 s. 3)
(6) This Part shall not apply to the following-
(a) a tenancy or sub-tenancy-
(i) of premises to which Part I applies; or
(ii) of premises in respect of which there is in existence an order under section 4; (Replaced 24 of 1980 s. 2. Amended 29 of 1983 s. 11)
(b) a tenancy or sub-tenancy of land unbuilt on;
(c) a tenancy or sub-tenancy of agricultural land, which expression shall have the meaning assigned to it by section 36 of the Rating Ordinance (Cap. 116), including such a tenancy or sub-tenancy where there is on the land a dwelling house occupied by persons working the land;
(d) a tenancy or sub-tenancy where the landlord or principal tenant is the employer and the tenant or sub-tenant is the employee in possession of the premises in accordance with the terms and conditions of his employment, being terms and conditions which require him to vacate the accommodation on ceasing to be so employed;