(69 of 1954).
Contation
of tenancies,
6
(5) In determining whether the premises were let, or are being used, as a dwelling, the following may be taken into account-
(a) covenants and conditions in any Crown lease, tenancy or sub-
tenancy:
(b) any occupation permit given by the Building Authority under the Buildings Ordinance, 1955, or under any Ordinance re- placed thereby, in relation to premises the subject matter of the tenancy or sub-tenancy in question;
(c) normal additional uses of premises consistent with the domes- tie nature of the tenancy or sub-tenancy having regard, inter alia, to the following—
(i) floor area in occupation part or full-time for such uses; (ii) the number of people engaged in such uses but not dwelling on the premises;
(ii) the furnishings, fittings and contents of the premises; and
(iv) the gross profits resulting from such uses relative to the rent or proportion thereof paid by the person making such profits:
(d) the use of premises as a boarding or lodging house is a use
otherwise than as a dwelling.
PART II.
CONTINUATION AND TERMINATION OF TENANCIES.
5. (1) Save as is provided in section 6 no tenancy or sub-tenancy, whether existing at the date of commencement of this Ordinance or created thereafter, shall terminate during the continuance in force of this Ordinance.
(2) Save as is provided in subsection (3) of section 3 a tenancy or sub-tenancy shall not by virtue of this Ordinance continue in existence after any change in the identity of the landlord, tenant, principal tenant or sub-tenant which would terminate such tenancy or sub-tenancy in law; but for the purposes of this Ordinance a tenancy or sub-tenancy shall be deemed to continue in existence notwithstanding any change in the rent payable.
(3) In every tenancy and sub-tenancy there shall, in the absence of any express covenant or condition, be implied a covenant to pay rent on the due date and a condition for forfeiture for non-payment within fifteen days of such date.
(4) Notwithstanding the expiration of this Ordinance under sec- tion 24 this section together with section 6 shall continue to apply to a
tenancy or sub-tenancy the rent of which is increased under this Ordin. ance including any increase by agreement taking place before the date of such expiration, for a period of two years from the date of such increase.
6.
(1) A tenancy or sub-tenancy shall terminate where- (a) vacant possession is delivered up;
(b) the landlord or principal tenant determines the tenancy or sub- tenancy by way of forfeiture for failure to pay rent or for the breach of any other covenant or condition which, but for the enactment of this Ordinance, would have been a cause of forfeiture;
(c) a notice to quit given under subsection (2) or (4) or an order
made under subsection (6) takes effect;
(d) the tenancy out of which the sub-tenancy was created is itself terminated: Provided that upon such termination this Ordin- ance shall apply to any tenancy thereupon arising by operation of law.
Termination of benencies.
(2) A notice to quit may be served and shall, subject to sub- sections (5) and (6), take effect as if neither this Ordinance nor the Tenancy (Notice of Termination) Ordinance, 1962, had been enacted (14 of 1962). where in such notice the landlord or principal tenant specifies-
(a) that be requires possession for use as a dwelling by himself, his mother, his father, or any son or daughter of his over the age of eighteen years;
(b) his intention of rebuilding the premises.
(3) Where a notice to quit, reproducing the English text in the Chinese language, is served under subsection (2) and in addition is posted on three successive days upon the main door or entrance of the premises affected, such notice to quit shall take effect also on any sub- tenancies created under the tenancy to which it relates.
(4) A notice to quit may be served and shall, subject to subsec- tions (5) and (6), take effect as if neither this Ordinance nor the Tenancy (Notice of Termination) Ordinance, 1962, had been enacted where in such notice the principal tenant specifies that the sub-tenant has caused unnecessary annoyance, inconvenience or disturbance to the principal tenant or to other occupants of the premises, particulars of such annoy- ance, inconvenience or disturbance being set out in the notice:
Provided that no notice may be served under this subsection with- out an endorsement thereon by the Secretary for Chinese Affairs or by an Assistant Secretary for Chinese Affairs to the effect that the specified annoyance, inconvenience or disturbance has continued after a warning