Interpre tabi.co.
Application.
(Cap. 255).
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2. In this Ordinance, unless the context otherwise requires—
"Commissioner" means the Commissioner of Rating and Valuation;
"landlord" includes any person, other than the Crown, who is from time to time entitled to receive rent in respect of any premises and, in relation to a particular tenant, means a person entitled to receive rent from such tenant;
"panel" means the Rent Increases Advisory Panel appointed under
section 16;
"prescribed form" means the appropriate form prescribed under sec-
tion 18;
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“principal tenant" means a tenant of premises other than a Crown lessee, who has or shall sublet the whole or any part or parts thereof as a separate holding or holdings;
"reviewing fee" means a fee of five per cent of the existing monthly rent
or one hundred dollars whichever is the less;
"tenancy" includes an agreement for a tedancy:
"tenant" or "sub-tenant” does not include a Crown lessce but includes-
(a) a person who before the commencement of this Ordinance has retained possession of premises by virtue of any enactment and who on the commencement of this Ordinance is in possession of such premises, to which this Ordinance applies;
(b) a person who shall retain possession of any premises by virtue
of this Ordinance.
3. (1) Save as otherwise provided in this section, this Ordinance shall apply to every domestic tenancy and domestic sub-tenancy in a post-war building, whether the same be effected orally or in writing and notwithstanding any provision in such tenancy or sub-tenancy including any provision purporting specifically to exclude the provisions of this Ordinance.
(2) For the purposes of this section a post-war building means- (a) a building to which the Landlord and Tenant Ordinance does not apply by virtue of paragraph (a) of subsection (1) of section 3 of that Ordinance; and
(b) any building in the New Territories other than one in respect of which the District Commissioner, New Territories, certifies that it existed prior to the 16th day of August, 1945.
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The burden of proving that a building is not a post-war building sball lie on the person so asserting; and a copy of a written permit of the Building Authority to occupy a building shall be prima facie evidence that a building is not post-war if granted prior to the 16th day of August, 1945 and vice versa.
(3) The benefits and protection afforded by this Ordinance shall, in any tenancy or sub-tenancy to which it applies, be available to the widow, widower, mother, father or any daughter or son over the age of eighteen years of the tenant or sub-tenant, as the case may be, where she or he was residing with him or her at the time of his or her death, and for the purposes of this Ordinance references to tenant or sub- tenant shall, where applicable, be deemed to include a reference to such widow, widower, mother, father, daughter or son, and the tenancy or sub-tenancy shall be deemed to continue in existence notwithstanding the death of the tenant or sub-tenant.
(4) Tenancies and sub-tenancies to which this Ordinance applies shall not, so long as this Ordinance continues to affect them, be subject to the Tenancy (Notice of Termination) Ordinance, 1962; but a notice (14 of 1962). of termination valid for the purposes of that Ordinance may be served not less than six months prior to the date on which a tenancy ceases to be protected under this Ordinance.
(5) This Ordinance shall not apply to the following-
(4) a tenancy or sub-tenancy for a fixed term of three years or more the agreement for which contains no provision for earlier determination of the same other than for breach of any of the provisions of the agreement;
(6) a tenancy or sub-tenancy of premises to which the Landlord (Cap. 255).
and Tenant Ordinance applies, or of premises in respect of which there is in existence an order made under section 31 of that Ordinance;
(c) a tenancy or sub-tenancy which at the date of the commence- ment of this Ordinance enjoys protection under section 3 of the Tenancy (Prolonged Duration) Ordinance, 1952; (d) a tenancy or sub-tenancy in respect of which a valid notice to quit was given prior to the [4th day of April, 1962, including a tenancy or sub-tenancy arising by reason of a tenant holding over in such circumstances;
(8 of 1932).