2
(2) An agreement referred to in subsection (1) shall-
(a) be in such form as the Secretary for Chinese
Affairs shall approve,
(b) have endorsed thereon a certificate referred to in paragraph (c) of subsection (3); and (c) be lodged with the Secretary for Chinese Affairs within fourteen days of its execution.
(3) The Secretary for Chinese Affairs or any public officer authorized by him in that behalf-
(a) shall satisfy himself that the tenant-
(i) in entering or proposing to enter into an agreement under this section understands the effect of such agreement; and
(ii) in signing or agreeing to sign such an agreement has not been subject to any undue pressure or influence; and
(b) may make such inquiries as he thinks fit for
the purposes of paragraph (4); and
(c) shall, if satisfied as to the matters specified in paragraph (a), endorse upon the agree- ment a certificate to that effect in such form as the Secretary for Chinese Affairs shall, from time to time, specify.
(4) Nothing in subsection (3) shall be construed as imposing upon the Secretary for Chinese Affairs or any public officer any duty to inquire into or be satis- fied as to the reasonableness or otherwise of the con- sideration specified in the agreement.”.
Section 38 of the principal Ordinance is amended-- (a) by deleting subsections (1) and (2) and substituting there-
for the following-
"(1) The Governor in Council may, in his absolute discretion and without the necessity of hear- ing any interested party, by order exclude from the further application of this Ordinance any class of premises.
(2) Upon the recommendation of a tenancy tribunal, an order excluding any particular premises from the further application of this Ordinance may be made by-
(a) the Governor where no appeal is lodged
under section 39; or
3
(b) the Governor in Council where an appeal
is lodged under section 39.
(2A) Every order made under subsection (1) or (2) shall be published in the Gazette whereupon the tenant of any such premises shall be deemed to be holding at the rent payable immediately before the publication of such order and shall be entitled to such notice to quit as would have been required under the original contract of tenancy, or, if such notice has already been given and has expired, then to one month's notice expiring at the end of the calendar month next after the month in which such order was published:
Provided that in the event of any notice having been given prior to such order being published nothing herein contained shall entitle a landlord to recover possession prior to the expiration of such notice.":
(b) in subsection (3), by deleting “such recommendation"
and substituting therefor the following-
"the recommendation of a tenancy tribunal for the purposes of subsection (2)"";
(c) in subsection (5), by deleting "Governor in Council" in
paragraph (a) and substituting therefor the following-
"Governor";
(d) in subsection (6), by deleting "Clerk of Councils for the consideration of the Governor in Council." and sub- stituting therefor the following-
"Colonial Secretary for the consideration of-
(a) the Governor where no appeal is lodged
under section 39; or
(b) the Governor in Council where an appeal
is lodged under section 39.",
(e) in subsection (7), by deleting paragraph (b): () in subsection (10), by—
(1) deleting "Governor in Council" wherever it occurs and substituting therefor the following-
"Governor or Governor in Council, as the case may be.***
(ii) deleting "Clerk of Councils" wherever it occurs and substituting therefor the following-
"Colonial Secretary":
Amendment of section 38.
3.