1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

39

(e) a tenancy held from the Crown, the Hong Kong Housing Authority, the Hong Kong Housing Society, the Hong Kong Model Housing Society or the Hong Kong Settlers Housing Corporation Limited, or a sub-tenancy created out of such a tenancy; (Amended 52 of 1981 s. 2)

(f)-(g) (Repealed 76 of 1981 s. 32)

(h) (Repealed 29 of 1983 s. 11)

(i)-(k) (Repealed 6 of 1980 s. 3)

(l) a tenancy or sub-tenancy of any premises in a building in respect of which an appropriate certificate was first issued or which premises were completed or substantially rebuilt on or after 19 June 1981; and, for the purposes of this paragraph, "appropriate certificate" means-----

(i) an occupation permit, including a temporary occupation permit, issued by the Building Authority under section 21(2) of the Buildings Ordinance (Cap. 123); or

(ii) where section 21 of the Buildings Ordinance does not apply to the premises by virtue of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 322, 1964 Ed.) or the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121), a certificate issued by the Director of Buildings and Lands, or any person authorized by him, certifying that the premises are complete; or (Amended L.N. 370/81; L.N. 76/82; L.N. 94/86; 60 of 1987 s. 14)

(iii) where section 21 of the Buildings Ordinance does not apply to the premises by virtue of section 18 of the Housing Ordinance (Cap. 283), a certificate issued by the Director of Housing, or any person authorized by him, certifying that the premises are complete; (Added 52 of 1981 s. 2. Amended 29 of 1983 s. 11)

(m) a tenancy or sub-tenancy of premises the rateable value of which is not less than $30,000 or such other sum as the Legislative Council by resolution determines; (Replaced 52 of 1981 s. 3. Amended 29 of 1983 s. 11; 40 of 1984 s. 14; 32 of 1985 s. 8)

(n) a tenancy or sub-tenancy in writing created after 18 December 1981 for a fixed term of 5 years or longer which contains no provision-

(i) for earlier determination by the landlord otherwise than by forfeiture; and

(ii) for any premium or fine or for any increase in the rent during the fixed term; (Added 76 of 1981 s. 32)

(o) a tenancy or sub-tenancy created on or after 10 June 1983 of premises of which, or of part of which, the tenant or sub-tenant under that tenancy or sub-tenancy is not already in possession under another tenancy or sub-tenancy. (Added 29 of 1983 s. 11)

(7)-(8) (Repealed 29 of 1983 s. 11)

(9) The Governor may by order exclude from the further application of this Part any class of tenancy or sub-tenancy, any class of premises or any particular tenancy or sub-tenancy or premises.

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should be

1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

39

(e) a tenancy held from the Crown, the Hong Kong Housing Authority, the Hong Kong Housing Society, the Hong Kong Model Housing Society or the Hong Kong Settlers Housing Corporation Limited, or a sub-tenancy created out of such a tenancy; (Amended 52 of 1981 s. 2)

(f)-(g) (Repealed 76 of 1981 s. 32)

(h) (Repealed 29 of 1983 s. 11)

(i)-(k) (Repealed 6 of 1980 s. 3)

(l) a tenancy or sub-tenancy of any premises in a building in respect of which an appropriate certificate was first issued or which premises were completed or substantially rebuilt on or after 19 June 1981; and, for the purposes of this paragraph, "appropriate certificate" means-----

(i) an occupation permit, including a temporary occupation permit, issued by the Building Authority under section 21(2) of the Buildings Ordinance (Cap. 123); or

(ii) where section 21 of the Buildings Ordinance does not apply to the premises by virtue of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 322, 1964 Ed.) or the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121), a certificate issued by the Director of Buildings and Lands, or any person authorized by him, certifying that the premises are complete; or (Amended L.N. 370/81; L.N. 76/82; L.N. 94/86; 60 of 1987 s. 14)

(iii) where section 21 of the Buildings Ordinance does not apply to the premises by virtue of section 18 of the Housing Ordinance (Cap. 283), a certificate issued by the Director of Housing, or any person authorized by him, certifying that the premises are complete; (Added 52 of 1981 s. 2. Amended 29 of 1983 s. 11)

(m) a tenancy or sub-tenancy of premises the rateable value of which is not less than $30,000 or such other sum as the Legislative Council by resolution determines; (Replaced 52 of 1981 s. 3. Amended 29 of 1983 s. 11; 40 of 1984 s. 14; 32 of 1985 s. 8)

(n) a tenancy or sub-tenancy in writing created after 18 December 1981 for a fixed term of 5 years or longer which contains no provision-

(i) for earlier determination by the landlord otherwise than by forfeiture; and

(ii) for any premium or fine or for any increase in the rent during the fixed term; (Added 76 of 1981 s. 32)

(o) a tenancy or sub-tenancy created on or after 10 June 1983 of premises of which, or of part of which, the tenant or sub-tenant under that tenancy or sub-tenancy is not already in possession under another tenancy or sub-tenancy. (Added 29 of 1983 s. 11)

(7)-(8) (Repealed 29 of 1983 s. 11)

(9) The Governor may by order exclude from the further application of this Part any class of tenancy or sub-tenancy, any class of premises or any particular tenancy or sub-tenancy or premises.


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