Penalty for
increases
made in
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27. Any person who makes any demand for the payment of any increase of rent authorized by the provisions of this Ordinance tion of this save in accordance with sections 28 and 29 shall be guilty of an
offence and liable to a fine of four thousand dollars.
contraven-
Ordinance.
Provisions
relating to increases
26. (1) A landlord, not being also a principal tenant, who desires to increase, by virtue of section 34 or 25, the rent lawfully of rent by chargeable for any premises shall give the tenant thereof notice
landlords
not being alao
principal tenants.
Schedule
A. form 1 ar 2.
Schedule
A. form 3.
of increase of rent in the appropriate prescribed form, and the increase so notified shall accrue as from the twenty-eighth day after the date of service of such notice: Provided that the increase of rent first so accruing shall only become payable upon demand made by the landlord after he has served upon the tenant a copy of a certificate of the standard rent of the premises issued under subsection (3).
(2) Any increase of the rent of any premises of which nolice has been given under subsection (1) shall be adjusted where adjustment is necessary having regard to the rate of standard rent certified under the proviso to that subsection ir relation to the premises! Provided that where the rate of standard rent so certified exceeds that stated in the notice of increase, such adjustment shall only be made as from the twenty-eighth day after service upon the tenant of a copy of the certificate of standard rent.
(3) Upon the application of a landlord, not being also a principal tenant, and upon production by him of a copy of the notice of increase of rent given to his tenant pursuant to sub- section (1), an officer of the Department of Rating and Valuation (not below the rank of Rating and Valuation Surveyor) shall issue a certificate in the prescribed form certifying what, in his opinion, is the rate of standard rent of the premises in relation to which the application is made, and such certificate shall be prima facie evidence of the rate of such standard rent.
(4) Upon the application of a landlord or tenant who is dissatisfied with the rate of standard rent so certified as aforesaid,
it shall be lawful for a tenancy tribunal to determine the rate of standard rent in relation to the premises to which the certificate relates, and to confirm or vary such certificate accordingly.
21
(5) The decision of a tenancy tribunal upon any application made under subsection (4) shall be final, and a certificate of standard rent issued under subsection (3), and confirmed or varied as aforesaid, shall be conclusive evidence of the rate of standard rent of the premises to which it relates.
(6) Whenever it is necessary for an officer of the Department of Rating and Valuation to assess the standard rent of any premises under this section, he shall have power-
(a) at any time, during daylight, without notice, to enter and inspect, and take measurements in, such premises; (6) to enforce the attendance of the landlord and the tenant of the premises, and any of their witnesses, at such time and place as he may determine, and to examine them on oath or otherwise; and
(c) to compel the discovery, inspection and production of
documents,
and a summons or order under the hand of such officer issued or made for the purpose of exercising any of the powers mentioned in paragraph (b) or (c) shall be of like force and effect as the corresponding form of process issued in any action or suit for the like purpose and may be enforced by a bailiff or other officer of the court in like manner as such forms of process would be enforced.
increases
tenants.
Schedule A,
20. (1) A principal tenant who is served with a notice of Provisions increase of rent in accordance with subsection (1) of section 28 relating to and who, in consequence thereof, desires to increase the rent of rent by lawfully payable by any sub-tenant of the premises shall, within principal fourteen days after the date of service of the notice aforesaid, give such sub-tenant notice of increase of rent in the prescribed forms form, and the increase so notified shall accrue as from the date and 5. upon which the increase of rent notified to the principal tenant accrues by virtue of subsection (1) of section 28: Provided that the increase of rent first so accruing to the principal tenant shall only become payable upon demand made by the principal tenant after he has served upon the sub-tenant a copy of a certificate of such increase issued under the provisions of subsection (3).
(a) Upon the application of a principal tenant, and upon the production by him of the copy of the certificate of standard rent served by his landlord, the Secretary for Chinese Affairs or some duly authorized officer of his department shall issue a certificate in the prescribed form certifying the rate of rent payable to the Schedule A. principal tenant from each of his sub-tenants calculated by
Form 6.