2
(c) by inserting after paragraph (c) the following—
Amendment of selena. 50.
3.
Attendament of section $2.
Amendment of pepcom 13.
"(d) a public body, corporation, foreign or Commonwealth Government, partnership or firm, which is the tenant or sub-tenant of premises the subject matter of a legancy or sub-tenancy to which this Part applies;".
Section 50 of the principal Ordinance is amended-
(a) by deleting subsection (5); and
(B)
in subsection (6)—–—–—–—
() in paragraph (5) by deleting the semicolon and substituting a full stop; and
(ii) by deleting paragrapha (0,0), and (4).
A
L
Section 52(1) of the principal Ondidance is amended by deleting "the 15th December 1973" and substituting the following-
**18 December 1979",
5. Section 53 of the principal Ordinance is amended-
Ꮮ
(a) by deleting subsection (){b} and substituting the following-
*(8) the premises are reasonably required by the landlord or principal tenant for occupation as a residence for himself, his father. bis mother or any sou or daughter of his over the age of 18:
Provided that the court shall not make an order by reason only that the circumstances of the case fall within this paragraph it-
( in the case of a tenancy, the tenant satisfies the court thai in all the circumstances of the case it would manifestly not be just and equitable to do so,
(ii) in the case of a sub-tenancy, the court is satisfied having regard to all the circumstances of the case, includ- ing the question whether ather accommodation is avail- able for the principal tenant or the sub-tenant, greater hardship would be caused by granting the order than by refusing it;";
(b) in subsection (2)(d) by deleting "or" where it occurs after the
semicolon;
(c) by deleting subsection (2)(e) and substituting the following-
"(e) the lengut--
() in the case of a fancy to which this Part applied immediately prior to 18 December 1979, bas at any time after 14 December 1973; and
(i) in any other case, has at any time after 18 December 1979,
without the consent in writing of the landlord sublet the whole or any part of the premises of which he is the
tenant; or
the tenant or sub-tenant has used, or has suffered or permitted the use of, the premises of which he is the tenant or sub-tenant or any part thereof, for an immoral or illegal purpose."; and
(d) by inserting after subsection (7) the following-
(Cap. 227.)
"(7A) Where the court gives its consent under subsec- tion (7) for premises, or a part of premises, to be let it may specify the terms. Including the rent, at which they may be fec:
Provided that if the rent is specified by the court it shall be of an amount not less than that paid by the former tenant or sub-tepant.
(78) Without prejudice to subsection (8), a person who contravenes subsection (7) commits an offence and is liable on conviction on indictment to a fine of $500,000 and in add- Lion, on a second or subsequent conviction, to imprisonment for 12 months, and in any case to forfeit a sum not exceeding the equivalent of—
(a) in the case of a contravention of subsection (7)(2), 2 years' rent calculated at the rate at which the premises were let without the consent of the court;
or
(4) in the case of a contravention of subsection (7)(b), the difference at the date of the contravention between the market value of the premises with vacant possession and the market value of the premises with the farmer tenant or sub-tenant in possession.
(C) Any court which sentences a person for an offence under subsection (7B) may, in addition to imposing a penalty under that subsection, make an order under subsection (8) after hearing the former lenaut or sub-tenant and the defendant.
(70) Notwithstanding anything in the Magistrates Ordin- ance, proceedings for an offence under subsection (78), may be brought at any time within 2 years next after the commis- sion of the offence or within 6 months after the discovery thereof by the prosecutor, whichever period expires first.".
Section 54/1) of the principal Ordinance is amended by deleting Amendoeat of "op or after the 15th December 1973" and substituting the following- vection 44.
"after the commencement of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980",
7. Section 35 of the principal Ordinance is amended-
(a) in subsection (1) by deleting "after the 14th December 1973” and
substituting the following—
"after the commencemeat of the Landlord and Tenant (Con- solidation) (Amendment) Ordinance 1980":
(b) by inserting after subsection (1) the following-
*(JA) A notice under subsection (1) shall not be valid uBless
(0) it is signed by the tenant not earlier than 1 month before the date on which it is lodged with the Commissioner; and
(3) the increase in rent to which it relates is to take effect within 1 month of the date on which the notice is so lodged."; and
Amendment o needom $5.