1947-HKRS28-8-14_Part03 — Page 11

Recovery of EXCLUSİVE payments

by elvil action.

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(6) demands or receives any consideration, whether in money, in kind or in any other manner whatsoever and whether by way of rent, fine, premium or otherwise, for the grant, renewal or continuance of sny tenancy; or

(c) being or acting as a broker, agent or go-between demands or receives for his services in connection with the procuring of the grant, renewal or continuance of the tenancy of any premises any consideration the value of which exceeds five per cent. of the standard rent for one year of such

premises;

(d) Where the purchase or hire of any furniture, fittings, fixtures or other articles is required by him as a condition for the grant, renowal or continuance of any tenaney, demanda or receives any price or consideration for such purchase or hire in excess of a reasonable price or consideration there- for-

shall be guilty of an offence against this Ordinance and shall upon summary conviction be liable to a fine not exceeding two thousand dollars.

(2) Upon the hearing of any summons issued under the provisions of this section, it shall be lawful for a magistrate, whether the defendant is convicted or not, and in addition to imposing a fine if the defendant is convicted, to order the defendant to pay to the tenant

(a) any sum recoverable; or

received in excess of the rent lawfully

(5) the amount or value of the consideration mentioned in paragraph (6) or (c) of sub-section (1) of this section; or

(o) the amount by which the price or consideration for such purchase or hire as is mentioned in paragraph (d) of sub- section (1) of this section exceeds a reasonable price or consideration therefor; and

(d) if the defendant is a Principal Tenant, to order bis ejectment.

(3) Nothing in this section contained shall prejudice the right of any person to recover by civil action any such sums aa magistrate may order to be paid under the provisions of sub-section (2) of this section,

9. The person by whom, after the 1st March, 1946, any payment has been made or consideration has been given the demanding or receiving of which after the commencement of this Ordinance is made an offence under the provisions of section 8 of this Ordinance, may recover the amount or value thereof by action in the Court: Provided always that any action for such recovery in respect of any payment made or consideration given before the commencement of this Ordinance shall be commenced within six months after the commencement of this Ordinance and any action for such recovery in respect of any payment made or consideration given after the commencement of this Ordinance shall be commenced within six months after the making of such payment or giving of such consideration.

proteulod

Lenant

demooding

10. (1) If a tenant to whom sub-section (2) of Offence of section 5 applies, demands or receives the payment of any fine or premium or any other consideration for giving up pri possession of such premises to the landlord or to any other ubo, person with or without the knowledge or approval of the landlord, such tenant shall be guilty of an offence against this Ordinance and shall be liable on summary conviction to a fine not exceeding two thousand dollars,

For the purposes of this section the demanding or receiving of a price or consideration for any furniture, fittings or fixtures or other articles in excess of a reasonable price or consideration therefor shall be deemed to be the demanding or receiving of a fine or premium.

(2) Upon the hearing of any summons issued under the provisions of this section, it shall be lawful for a magistrate, upon conviction of the defendant and in addition to imposing a fine-

(a) to order the defendant to pay to the person from whom such fine, premium or other consideration has been received the amount or value of any flue, premium or other consideration wrongfully demanded or received including the amount by which the price or consideration paid for any furniture, fittings, fixtures or other articles exceeds the reasonable value thereof; and

(b) to order the eviction of the tenant.

Principal

Tanant.

11. (1) Every Principal Tenant shall affix and shall Duties of keep affixed on a conspicuous part of the premises comprised in his principal tenancy a notice stating the rent payable by him to his landlord and shall give to each sub-tenant notice in writing of the part of such rent which he attributes to the premises let to such sub-tenant.

(2) Every Principal Teuant shall, whether the same shall be demanded or not, give to each sub-tenant at the time of his paying the same a receipt for the amount of the rent paid and such receipt shall state the period in respect of which such rent was payable.

(3) Every Principal Tenant shall within one month after the commencement of this Ordinance or, if he is not a Principal Tenant at the time of such commencement, then within one month after becoming a Principal Tenant, furnish to his land- lord a full and true statement showing the names of all the sub-tenants of such Principal Tenant with sufficient particulare of the parts of the premises occupied by and of the standard rent and gross rent payable by each of them.

(4) A Principal Tevant who fails to comply with any of the provisions of sub-sections (1), (2) and (3) of this section shall be guilty of an offence against this Ordinance and shall be liable on summary conviction to a fine not exceeding one thousand dollars.

(5) Upon the hearing of any summons issued under this section, it shall be lawful for a magistrate, whether the defendant is convicted or not, and in addition to imposing a fine if the defendant is convicted, to order the eviction of the defendant.