Restriction na demand for rent incressan.
Restriction
DN 1000very of reat
напраная
Ex. Ord.
No. 14
of 1923,
* 3 11).
Power of Summery Court to determine gagalinas relating to
rent in Chambers,
(2) Any such application shall be made to the Assessor on a form of certificate obtainable at the Treasury on payment of a fee of $5.00, or such other sum as the Governor in Council may prescribe as a fee for such certificate, and such certificate shall be completed by the Assessor and returned to the applicant or his representative within 14 days.
(3) In relation to any proceedings under this Ordinance a certificate of the Assessor given under this section stall be prima facie evidence of what is a fair and reasonable rent in respect of the tenement.
4. As from 31st March, 1940, no landlord shall demand any increase of rent from his tenant in respect of a tenement which is in excess of the rent of the tenementa as certified by the Assessor under the provisions of Section 3 of this E Ordinance, or se adjudged by the Court under Section 6 of this Ordinance.
5. Notwithstanding any agreement to the contrary, whether made before or after the commencement of this Ordinance, and whether oral or in writing-
(1) No rent which has been raised since the 31st day of March, 1940, shall be recoverable in respect of any tenement from the tenant in excess of the rent permitted under Section 4. or as adjudged by the Court nuder Section 6.
(2) Any rent which has been raised since the 31st day of March, 1940, paid by a tenant in excess of the rent per- mitted by Section 4 or adjudged by the Court under Section 6 shall be deemed to be a debt due by the landlord or his legal representatives to the tenant or his legal representatives, and shall be recoverable from the landlord of his legal repro- sentatives within a period of six years.
6. Where a notice of increase of rent in respect of any tenement has been given by a landlord, such landlord and the tenant, notwithstanding anything contained in the Supreme Court (Summary Jurisdiction) Ordinance, 1873, may apply in a summary way to a judge in Chambers in the Summary Jurisdiction to decide whether the proposed increase of rent is fair and reasonable, and on such application the judge may of 1839 & 4. give such directions in the matter as he thinks proper. The decision of a judge under this section shall be final as between the landlord and the tenant.
ef. Ord. No 44
Money_nok
to be do
aded for
7.-(1) No person shall, as a condition or pretended coalition of the grant renewal or continuance by himself or by any other person of a tenancy of any tenement, demand continuance payment of any sum of money whatsoever in addition to the
the grant Tenewal or
of truncies rent.
10
11 Geo.
5, c. 17, 6. 5.
cf. Ord.. No. 14 of 1928
5. 16.
(2) Every person demanding any payment in contraven- tion of this section shall upon summary conviction be liable to a line not exceeding one thousand dollars, and the magis- trate by whom such person is convicted may order the amount to be repaid to the person by whom the same was paid.
3
8. The Chief Justice may make such rules and give such Rules as to directions as he thinks it for the purpose of giving full procedure. effect to the provisions of this Ordinance relative to legal 5, 22, proceedings.
13 & 14 Geo.
M. 1.6.
J. Ord. No. 44 of 1939, s. 8.
9. As long as the Prevention of Eviction Consolidation Temporary. and Amendment Ordinance, 1939, shall be in force, this No
application Ordinance shall not apply to any dwelling house to which that to dwelling Ordinance applies.
buuses
10. This Ordinance shall continue in force as long as Duraliçan the War Revenue Ordinance, 1940, shall be in force.
of the
Ordinance.
Passed the Legislative Council of Hong Kong, this
20th day of June, 1940.
གབ་ཝཚན་ཇལ
Deputy Clerk of Councils,
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