Repeals and consequential
amendments.
Cap. 283.)
Сар. 304.)
Schedule.
Savings.
Vesting of property.
(Cap. 283.3
Transitional.
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36. (1) The Housing Ordinance is repealed.
(2) The Resettlement Ordinance is repealed.
(3) The Ordinances specified in the first column of the Schedule are amended in the manner set out in the second column of that Schedule.
37. (1) Any lease, tenancy, permit or licence granted under the Housing Ordinance or the Resettlement Ordinance and in force at the commencement of this Ordinance shall continue in force and have effect upon the same terms, covenants and condi tions as if it were a lease.
(2) Any document referring to the Resettlement Ordinance shall, so far as may be necessary for preserving its effect, be construed as referring to or as including a reference to this Ordinance.
38, (1) All the immovable properly vested in the former Authority at the commencement of this Ordinance shall at that date be vested in the Authority by virtue of this Ordinance for the residue of the term of years created by the respective Crown leases, subject to the covenants, conditions, stipulations, exceptions, reser- vations, provisos and powers contained in and reserved by the said Crown leases.
(2) Any other property, right and privilege vested in the former Authority at the commencement of this Ordinance shall at that date be vested in the Authority by virtue of this Ordinance on the terms and conditions, if any, on which the same was vested at that date, and the Authority shall be subject to the obligations and liabilities to which the former Authority was subject at the commencement of this Ordinance.
(3) All rights, obligations and liabilities which immediately before the commencement of this Ordinance were vested in or imposed on the Commissioner for Housing shall, at the commence- ment of this Ordinance, be deemed to be the rights, obligations and liabilities of the Authority.
(4) In this section, "former Authority" means the Hong Kong Housing Authority established by the Housing Ordinance repealed by section 36(1),
39. (1) The control and management of all land in respect of which, at the commencement of this Ordinance, a competent authority had been appointed shall vest in the Authority.
(2) Any other property, right and privilege vested in a com- petent authority at the commencement of this Ordinance shall
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vest in the Authority on the terms and conditions, if any, on which the same was vested at that date, and the Authority shall be subject to the obligations and liabilities to which the com- petent authority was subject at the commencement of this Ordio-
ance.
(3) Al the commencement of this Ordinance, every com- petent authority shall deliver to the Authority all books, papers, documents, minutes, receipts and accounts relating to the com- petent authority and to its operation under the Resettlement Ordinance.
(4) Every contract entered into under section 57 of the Resettlement Ordinance, whether in writing or not, to which a competent authority was a party and which was in force im- mediately prior to the commencement of this Ordinance, and whether or not of such nature that the rights and liabilities thereunder could be assigned, shall have effect as from the com- mencement of this Ordinance as if-
(a) the Authority had been a party to such agreement; and
(b) for any reference (however worded and whether express or implied) to a competent authority there were sub- stituted in respect of anything to be done on or after the commencement of this Ordinance a reference to the Authority.
(5) Any proceedings under the Resettlement Ordinance pend- ing at the commencement of this Ordinance to which a competent authority was a party shall be continued as if the Authority was a party thereto in lieu of the competent authority.
(6) Where anything under the Resettlement Ordinance has been commenced by or under the authority of a competent authority and such thing is within the power of the Authority or was done in relation to any of the matters transferred by this section to the Authority, such thing may be carried on and completed by, or under the authority of, the Authority,
(7) Where. at the commencement of this Ordinance, rent is payable under the Resettlement Ordinance in respect of any lease. the Authority may, subject to subsections (8) and (9), vary, with- out the agreement of the lenant, the rent so payable.
(8) The Authority shall, if it intends to vary the rent of a lease under subsection (7). give to the tenant not less than one month's notice in writing of its intention and shall state in the notice the amount of the new rent.