1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
55
(iii) if that approval or authority is obtained, but not otherwise, make an
order for possession of the premises.
(2) Where the Tribunal grants an order for possession on the grounds mentioned in paragraph (c) of section 53(2), it may impose any reasonable condition on the landlord in relation to his intention to rebuild the premises and shall order that compensation be paid to the tenant and-
(a) that plans of the new building showing the number and size of any dwellings to be erected be lodged with the Tribunal and that the new building be erected to provide that number of dwellings; and
(b) that the rebuilding work (including any demolition that is required) be commenced, and the new building be ready for occupation, on the dates ordered. (Amended 29 of 1983 s. 16; 32 of 1985 s. 13)
(2A) For the purposes of any review under section 11A of the Lands Tribunal Ordinance (Cap. 17), the time limit mentioned in that section shall not apply to a decision, other than in relation to the payment of compensation, under subsection (2). (Added 29 of 1983 s. 16)
(3) The Commissioner shall cause an order of the Tribunal under this section to be registered by memorial in the Land Office against the premises affected and the conditions imposed under subsection (2) shall be binding on and enforceable against any successors in title to the landlord.
(4) (a) The compensation ordered by the Tribunal under subsection (2)
shall be the sum of--
(i) an amount equal to twice the rateable value of the premises; (ii) an amount equal to the expenditure actually and reasonably incurred or to be reasonably incurred by the tenant and any sub-tenant in respect of the packing, removal and transportation within Hong Kong of the furniture and movable property kept in the premises; and
(iii) an amount equal to the loss actually and reasonably incurred or to be reasonably incurred by the tenant and any sub-tenant in respect of carpets, curtains and fittings. (Replaced 40 of 1984 s. 20)
(b) Where a tenant has sublet premises or any part of premises, the compensation payable under this subsection shall be apportioned by the Tribunal so that a sub-tenant shall be entitled to receive a portion of the compensation payable under paragraph (a) which is just and equitable. (Amended 40 of 1984 s. 20)
(c) Where it appears that premises or any part of premises is sublet, the Tribunal may call upon the Commissioner for a certificate as to which part of the premises is occupied by a sub-tenant and such a certificate purporting to be signed by or on behalf of the Commissioner shall be admissible in evidence for the purposes of paragraph (b) upon its mere production without further proof, subject to the right of any party, including any sub-tenant, to cross-examine the Commissioner or a public officer in his department nominated by the Commissioner for that purpose.
(d) For the purposes of this subsection-