(b) The terms of any agreement made in accordance with the provisions of paragraph (a) shall be set out in writing and signed by the parties thereto and such agreement shall be delivered to the clerk of the tribunal,
(c) in the event of the tribunal deciding to make & recommendation that the premises to which the application relates shall be excluded from the further application of this Ordinance, the tribunal shall make such recommendation subject to the terms agreed between the parties together with such other conditions, if any, as it may think fit to impose in accordance with subsection (6).
(d) by the deletion of subsections (7) and (8) and the sub-
stitution therefor of the following-
DA
(7) The costs of such application shall in any event be borne by the applicant :
Provided that the tribunal may in its discretion deprive any opponent of his costs in whole or in part.
(8) Subsections (3), (4), (5) and (7) may be rescinded, added to or varied by rules made under section 29.";
11
(e) by the deletion of paragraph (a) of subsection (9) and the
substitution therefor of the following-
(a) Whenever a tenancy tribunal has recom
mended that premises should be excluded from the further application of this Ordin- ance, the Governor in Council may— (i) reject the recommendation; (ii) remit the recommendation to the tribunal which made such recommendation or the president thereof together with such directions as he may think fit;
(iii) direct that the application be heard de novo by the tribunal which made such recommendation or by any tribunal appointed under this section
(iv) accept the recommendation;
(v) accept the recommendation with such conditions as the tribunal has recom- mended or delete or amend such condi- tions or impose new conditions, includ- ing a condition requiring the payment of compensation by the landlord to the tenant;
Provided that save where the Governor in Council proposes to make an order to exclude any premises unconditionally, the Governor in Council shall not proceed to make an order under this section until such notice as is hereinafter provided for has been given and shall not in any event make such order if the application for exclusion is withdrawn as is hereinafter mentioned."; () by the addition after subsection (10) of the following new
subsection-
"(10A) All conditions approved or imposed by the Governor in Council shall be incorporated in the order made under subsection (1),”.
B. Section 31A of the principal Ordinance is amended by Amendment
of section the deletion of subsection (1) and the substitution therefor of the 314. following-
(1) Within fourteen days after the tenancy tribunal bas given its decision in any proceedings under section 31, any person who was a party to such proceedings may appeal against such decision by way of petition to the Governor în Council.".
7. The principal Ordinance is amended by the addition Addition after section 31A of the following new sections-- "Re-entry
for breach of condi- tion in order
under
of new sections 318. Wherever there occurs a breach of any 318, 310
and 31D. condition incorporated in an order of the Governor in Council under section 31 in respect of premises which the landlord holds under a Crown lease or other section 31. tenancy from the Crown, such breach shall be deemed
to be
breach of a covenant in the Crown lease, or of a condition or stipulation of the tenancy of such premises, and by such breach a right of re-entry on (Cap. 136), such premises under the Crown Rights (Re-entry) Ordinance shall be deemed to have accrued to the Crown.