88
CAP. 7)
Landlord and Tenant (Consolidation)
[1988 Ed.
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. 33)
(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--
"rateable value" has the meaning given to that phrase by section 50(10). (Amended 29 of 1983 s. 34)
(e) The method of calculating the compensation mentioned in paragraph (a) may be amended by resolution of the Legislative Council. (Replaced 40 of 1984 s. 33)
(5) (a) Where there is a breach of a condition imposed under paragraph (a) of subsection (2) which results in fewer dwellings or less accommodation being erected than appeared in the plans lodged, the Tribunal may, on the application of the Commissioner, impose a penalty of a sum not exceeding what would have been the market value, at the time of the imposition, of the building if it had been erected in accordance with the plans.
(b) Where there is a breach of a condition imposed under paragraph (b) of subsection (2), the Tribunal may, on the application of the Commissioner,-
(i) where the landlord holds the premises under a Crown lease or other tenancy from the Crown, decree such breach to be a breach of covenant in the Crown lease or of a condition or stipulation in the tenancy and a right of re-entry under the Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) shall accrue to the Crown; or
(ii) in any case, impose a penalty not exceeding the market value of the premises at the time of the imposition of the penalty.
(c) Where there is a breach of any other condition imposed under subsection (2), the Tribunal may, on the application of the Commissioner, impose a penalty payable to the general revenue of a sum not exceeding $500,000.
(6) In this section, "dwelling" has the meaning given to that phrase by section 50C(1).
New tenancy of part of premises
119FA. Subject to section 119E(1)(b), where an application under section 117(1) is opposed on the ground mentioned in section 119E(1)(b) and the Tribunal is satisfied that only part of the premises is reasonably required, the Tribunal shall-