Exercise of powers of Commis sioner.
Forms to be prescribed.
Extension of time.
Rales made by the Chief Justice.
Service of notices.
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17. The powers conferred and the duties imposed by this Ordin- ance on the Commissioner, other than those pertaining to a review, may be exercised and performed by any Assistant Commissioner or by any Senior Rating and Valuation Surveyor.
18. The Commissioner may prescribe the forms required to be used under this Ordinance and shall publish the same in the Gazette. Such forms shall reproduce the English text in the Chinese language. The Commissioner may in his absolute discretion accept a notice or application which is not in the form prescribed.
19. Where under this Ordinance time is prescribed for the making of any application to the Commissioner he may extend such time.
20, (3) The Chief Justice may make rules relating to-
(a) the setting down of an application or appeal, including the
extending of time for submitting the same to court;
(b) the determination of applications and appeals, including the
evidence receivable in connexion with the same;
(c) the costs which a court may award upon the determination of
any application or appeal; and
(d) court fees.
(2) Rules may be made under subsection (1) in respect of the following matters-
(a) applications for review or determination under subsection (4)
of section 4:
(b) applications for orders for passession under section 6: (c) applications for determination of facts in dispute and for
orders for increases in rent under section 10:
(4) appeals under section 12; and
(e) applications for orders for increases in rent under section 13.
21. Service of any notice. application, certificate or other document under this Ordinance may be effected-
(a) by personal service.
(b) by registered post addressed to the last known place of
business or residence of the person to be served, or
(c) in the case of service on a tenant or sub-terant, by leaving the notice, application, certificate or other document with an adult occupier of the premises in which the tenant or sub- tenant resides and to which such document relates,
and every document so served shall bear the date on which service was effected.
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22. Nothing in this Ordinance shall-
(a) authorize any increase in rent during the unexpired portion
of a lepancy or sub-tenancy for a fixed term, or
(b) afford to any sub-tenant any security of tenure more extensive
than that enjoyed by his principal tenant;
(c) affect any right or remedy arising, either before or after the commencement of this Ordinance, out of any breach of condition or other term in any tenancy or out of any condition providing for right of re-entry in the event of the business of the tenant being wound up, the tenant suffering execution to be levied or a receiving order in bankruptcy to be made, assigning the lease for the benefit of creditors or entering any agreement or making any arrangement with creditors for the liquidation of debts by composition or otherwise:
Provided that a covenant to yield up possession on a specified date shall be construed as a covenant to yield up possession on such later date as may be necessary to permit the giving of notice of termination as required by the Tenancy (Notice of Termination) Ordinance, 1962.
Savings.
(14 of 1962).
23. (1) For the removal of doubt jurisdiction is hereby conferred Jurisdiction on the District Court for the purpose of hearing and determining all
of the Derick applications and appeals for which provision is made in this Ordinance, Court. and for the purpose of ordering the payment of rent or mesne profits. and such jurisdiction shall be exercised notwithstanding that the value of the property sought to be recovered or the amount of the annual reot thereof or the amount of rent or mesne profits being claimed exceeds Ove thousand dollars.
(2) All determinations of the District Court under this Ordinance shall be final and no appeal shall lie therefrom.
24. Subject to the provision of subsection (4) of section 5 this Expiry of Ordinance shall expire at midnight on the 30th day of June, 1965. Ordinance.
This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 29th day of March, 1963, and is found by me to be a true and correctly printed copy of the said Bill.
Deputy Clerk of Councils.
(Secretariat BL2/741/63)