Amendrazen At sexon 13,
Autstoloveat of Section 36A.
Amendment at GENELOS 58.
Amcadment of section fi
"( a tenancy or sub-tenancy created after the 31st day of
December 1975 for-
(0) a fixed term of 3 years or more the agreement for which contains no provision for carlier determination by the landlord of such tenancy or sub-tenancy other than for breach of any of the provisions of the agreement: (ii) a fixed term of less than 3 years the agreement for which contains no provision for earlier determina- dion by the landlord of such tenancy or sub-tenancy other than for breach of any of the provisions of the agreement, if the term of such tenancy or sub-tenancy may be extended so that the total term thereof is for 3 years or more at a rent the amount of which is fixed or is capable of being fixed without the further agree ment of the landlord and the tenant or sub-tenant by the exercise of an option on the part of the tenant or sub-tenant without the consent of the landlord and without the payment of any fine or premium;
(*) a tenancy or sub-tenancy where the tenant or sub-tenant is a public body, corporation, foreign or Commonwealth Government, partnership or firm."; and
(6) in subsection (7) by inserting after "the Commissioner, who" the
following
J
upon payment by the parties of such fee as may be determined by the Financial Secretary,".
14. Section 53 of the principal Ordinance is amended in subsection (2Xd) by deleting "given by the Commissioner to the tenant or sub-tenant causing the same" and substituting the following-
"in writing had been served by the landlord or principal tenant on the tenant or sub-tenant causing the same".
15. Section 56A of the principal Ordinance is amended by deleting subsection (4).
16. Section 58 of the principal Ordinance is amended-- (4) 0
subsection (3) by deleting "five" and substituting the following-
**4"; and
(b) in subsection (6) by deleting ", "tenement" ".
17. Section 68 of the principal Ordinance is amended-
(a) in subsection (1) by deleting "Neither" and substituting the
following-
"Subject to subsections (1A) and (2), neitber":
(6) by inserting after subsection (I) the following new subsection...... "(1A) The Commissioner or any public officer employed
in the Department of Rating and Valuation may be called
to give evidence in any proceedings on an appeal to the court under section 50.”; and
(c) by deleting subsection (7) and substituting the following-
"(7) Subject to section 68A, any determination or order of the court under this Part shall be final.".
5
18. The principal Ordinance is amended by adding after section 68 Addison of the following new section-
**Appeal ca polot of Jaw,
(ORD. 41
684. (1) Any party to proceedings before the court may appeal to the Full Court against a deleṛmination or order of the court on the ground that such determination or order is erraneous in point of law,
(2) An appeal under this section shall be subject to any rules of court made under the Supreme Court Ordin- ance.".
The perdon
63.4.
19. Section 123(1) of the principal Ordinance is amended by inserting Ame after "the Commissioner of Rating and Valuation, who" the following
+4
on payment by the parties of such fee as may be determined by the Financial Secretary,”
20. The Third Schedule to the principal Ordinance is deleted.
secka 12.
Deletion of Third Schedule.
21. The Landlord and Tenant (Prescribed Form and Fee) Order ia Caneladen Lud
cancelled.
22. Part II of the principal Ordinance sball, upon the commencement of this Ordinance, cease to apply to any tenancy or sub-tenancy where the tenant or sub-tenant is a public body, corporation, foreign är Come- monwealth Government, partnership or firm.
Passed by the Hong Kong Legislative Council this 17th day of December, 1973.
"to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
Correctly
аттес
Clek to the Legislative Council.
1dlord tunud Tenant (Pre-
Ratbed For
sand Fed) Order. (Cap. 7. nub. 1.)
Par II to a G to apply to
escuin tenancies.