No. 27 of 1897.
An Ordinance to facilitate the Recovery of Possession of Tenements and Premises of Small Value.
LS
WILLIAM ROBINSON,
Governor.
[18th December, 1897.]
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WHEREAS it is expedient to provide for the more speedy and effectual recovery of the possession of tenements and premises of small value.
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited for all purposes as The Small Tenements Recovery Ordinance, 1897.
2. In this Ordinance, unless the context otherwise requires,--
The word "premises" means lands (including leaseholds), houses, and other corporeal hereditaments:
The word "house" includes a marshalled or other structure:
The word "owner" means the person entitled to the immediate reversion or, in cases within section 6, to the possession of the premises, or, if the property be held in joint tenancy, or tenancy in common, means any one of the persons entitled to such reversion, or possession:
The word "agent" includes any person usually employed by the owner in the management of his property or in the letting of the premises or in the collection of the rents thereof, or specially authorized to act in the particular matter by writing under the hand of such owner.
3. When and so soon as the term or interest of the tenant of any house, land, or other premises, held by him not at will or for any term not exceeding seven years, either without being liable to the payment of any rent or at a rent lawfully not exceeding the rate of twenty dollars a month, or two hundred and forty dollars a year, and upon which no fine shall have been reserved or made payable, shall have ended or shall have been duly determined by a legal notice to quit or otherwise, and such tenant or (if such tenant do not actually occupy the premises, or only occupy a part thereof) any person by whom the same or any part thereof shall be then actually occupied, shall, notwithstanding that demand for possession has been made, neglect or refuse to quit and deliver up possession of the premises or of such part thereof respectively, it shall be lawful for a Police Magistrate, upon a complaint being made to him, to issue a summons requiring the person against whom such complaint has been made to appear at a certain time and place before such Magistrate to answer such complaint and to show cause why he should not quit and deliver up possession of the said premises. Such complaint and summons may be in the Forms No. 1 and No. 2 respectively in the schedule to this Ordinance.
4. Any summons, issued under this Ordinance, may be served either personally or by leaving the same with some person being in and apparently residing at the place of abode of the defendant: Provided that if the defendant cannot be found, and the place of abode of the defendant shall either not be known or admission thereto cannot be obtained for serving such summons, the posting up of the said summons, on some conspicuous part of the premises, shall be deemed to be good service upon such person.
5. If the person so served with a summons as aforesaid shall not appear before the Magistrate at the time and place mentioned in such summons, or shall fail to show cause why he should not quit and deliver up possession of the said premises, it shall be lawful for the Magistrate to issue his warrant to any constable of the Colony, commanding him to enter (by force if needful) into the premises, and give possession of the same to the owner thereof or his agent: Provided always, that entry, upon any such warrant, shall not be made at any time except between the hours of nine in the morning and five in the afternoon: Provided also, that nothing herein contained shall be deemed to...
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