particulars of such annoyance, inconvenience or disturbance being set out in the notice:
Provided that no notice may be served under this subsection without an endorsement thereon by the Secretary for Home Affairs, or by a public officer authorized by him in writing in that behalf, to the effect that the specified annoyance, inçon- venience or disturbance has continued after a warning given by an officer of the Secretariat for Home Affairs to the sub-tenant causing the same.
(5) A notice to quit in English and in Chinese given under subsection (2) or (4) shall not be valid unless there are set out therein the provisions of subsection (6) and, where the notice to quit is given on the ground specified in subsection (2)(a), the provisions of the proviso to subsection (7).
(6) Within fourteen days of service of a notice to quit under subsection (2) or subsection (4), any tenant or sub-tenant of the premises affected by the notice to quit may serve a counter notice in the specified form on the landlord or principal tenant, as the case may be, disputing the right of the landlord or principal tenant to serve notice to quit.
(7) On receipt of a counter notice under subsection (6), the landlord or principal tenant, as the case may be, may apply to the court for an order for possession of the premises to which such notice relates; and, where he satisfies the court that he is entitled to possession on the ground specified in the notice to quit, the court may make an order for possession, which shall take effect on such date as the court may order, not being a date earlier than the date on which the notice to quit would have taken effect nor later than three months from the date of such order; and at the hearing of such an application the court may order the payment of rent or mesne profits:
Provided that no order shall be made on the ground specified in subsection (2)(a) if the court is satisfied that, having regard to the circumstances, including the question whether other accom. modation is available for the landlord, the tenant, the principal tenant or the sub-tenant, and whether the premises were acquired by the landlord before or after the commencement of this Ordin- ance, greater hardship would be caused by granting the order than by refusing to grant it.
(8) Where a tenancy or sub-tenancy is terminated on any ground specified in subsection (2)(a) or (b) and the same premises are the subject of a subsequent tenancy or sub-tenancy, at any time in the case of a tenancy or sub-tenancy terminated on the ground specified in paragraph (a) of subsection (2), or prior to
the premises being rebuilt in the case of a tenancy or sub-tenancy terminated on the ground specified in paragraph (b) of subsec tion (2), this Ordinance shall apply to such subsequent tepancy or sub-tenancy as if it were a continuation, on the same terms, of the tenancy or the sub-tenancy terminated under this section.
8. (1) Notwithstanding anything contained in the District Court (Civil Jurisdiction and Procedure) Ordinance, the court shall have jurisdiction for the purpose of hearing and determining an application under section 7, and for the purpose of ordering the payment of rent or mesne profits, and such jurisdiction shall be exercised notwithstanding the value of the premises or the amount of the rent or mesne profits being claimed.
(2) Any decision or order of the court under this Ordinance shall be final and no appeal shall lie therefrom.
9.
(1) Neither the Commissioner nor any public officer employed in the Department of Rating and Valuation shall be called to give evidence in any proceedings before the court under this Ordinance and no subpoena shall be issued against the Com- missioner or such public officer.
(2) Notwithstanding subsection (1), a subpoena duces tecum may be issued against the Commissioner or any such public officer requiring him to produce in any proceedings an application under section 4(4); and a subpoena issued under this subsection sball be deemed to be complied with by the production of the docu- ment specified in the subpoena by any public officer employed in the Department of Rating and Valuation.
10. The Commissioner may, for the purposes of section 4. exercise any of the powers conferred on him by section 5 of the Rating Ordinance 1973.
11. (1) The Commissioner may specify the forms to be used under this Ordinance.
(2) The Commissioner may publish in the Gazette any form specified by him under subsection (1).
(3) The Commissioner may accept any application under section 4(4) which is not in the form specified.
Passed by the Hong Kong Legislative Council this 6th day of June, 1973.
J
Clerk to the Legislative Council.
Jurisdiction of the District Court. (336)
Proceedings in District Court
Powers under Rating Ordin- ance 1973 to be exercised by Commissioner.
Forms.