Statement
to be supplied
na to standard rent.
Powers of Tribunal.
Order for eviction of Principal "Tenant not to operate aguinat
mah temante.
Giving effect. to order for viction.
Power of Batry and
inspection.
- 12 --
21. A landlord of any premises to which this Ordinance applies shall, on being so requested in writing by the tenant of such premises or by the superior landlord of such landlord supply the tenant or the superior landlord as the case may be with a statement in writing as to what is the standard rent of such premises, and, if, without reasonable exonse, he fails within fourteen days ea to do, or supplies a statement which is false in any material particular, he shall be liable on summary conviction to a fine not exceeding one thousand dollars.
22. Upon any application for the recovery of possession of any premises or the ejectment of the tenant therefrom the Tribunal may---
(a) in lieu of making an order adjourn the application for a period not exceeding thirty days and subject to such conditions as it thinks proper;
(b) upon making such order direct that it shall not be operative until the expiration of any period not exceeding thirty days specified in such order and may make any such direction subject to such conditions as it thinks proper.
23. An order for ejectment made against any Principal Tenant shall not, unless the Tribunal so directs, operate as an order for ejectment of any sub-tenant of such Principal Tenant, but immediately upon the making of such an order such sub-tenants shall be deemed to be tenants of the immediate landlord of the Principal Tenant in like manner as is provided by section 12 (3) of this Ordinance and such framediate landlord shall undertake towards them the obliga- tions theretofore undertaken by the Principal Tenant.
24. Where an order for recovery of possession of or for ejectment from any premises has been inade and no appeal has been lodged in duo time a bailid of the Supreme Court may, upon production to him of a copy of such order certified to be a true copy by a member of the Tribunal making the order, and an affidavit sworn before any Justice of the Peace from which it appears that such order has not been complied with, proceed to enter (by force, if needful) into the premises and carry such order into effect and give possession of the premises, or any part thereof specified in the order, to the landlord or his agent: Provided that such entry shall not be made at any time except between 8 a.m. and 5 p.œ.
Any person resisting or obstructing a bailiff in the performance of his duties under this section shall be guilty of an offence against this Ordinance and shall be liable on summary conviction to a fine not exceeding five hundred dollars.
25. Any person authorised generally in writing for that purpose by the Secretary for Chinese Affairs may at all times, without notice, enter and inspect any premises reasonably believed to be the subject of a sub-letting and, where such premises are held by a Principal Tenant, demand to see any notice required by section 11 of this Ordinance to be affixed on the premises or given to any sub-tenant and any person resisting or obstructing any such person in the performance of his duties shall be guilty of an offence under this Ordinance and shall be liable on summary conviction to a fine not exceeding five hundred dollars.
13
26. (1) Notwithstanding that the annual rent or value Appeal. of the premises to which the appeal relates exceeds the sum of one thousand dollars any person aggrieved by an order or decision (other than a decision to make or to refuse to make any recommendation to the Governor in Council under section 32 hereof) of a Tribunal may within seven days from the date thereof appeal to the Court: Provided that the Court may, in its discretion and on such terms as it may think it, on the application of such aggrieved person extend the time within which an appeal may be made notwithstanding that such time may have expired.
(2) The practice and procedure on appeal shall be by motion and in all matters, save as expressly provided by this Ordinance or any rules made bereunder, shall be in accordance with the practice and procedure prescribed by the Supreme Court (Summary Jurisdiction) Ordinance, 1878, and any amendment thereof from time to time in force as though such appeal were au action commenced in the Summary Jurisdiction of the Supreme Court.
(3) Where the appeal is from a decision on a question of law or on a matter of discretion only, it shall be heard upon a case to be stated at the request of the appellant by the Chairman of the Tribunal, setting forth the findings of fact and the grounds for the Tribunal's decision.
(4) In every other case, the Court may deal with the case solely upon the evidence originally taken or may re-examine any witness or may admit further evidener.
(5) The Court shall bave power on every appeal, whether on a question of fact, or of law or of discretion, to try the case de novo.
(6) The Court may, on the application of the appellant, stay execution of any order of the Tribunal for such time and on such terms, if any, as to security or otherwise, as it may deem just.
(7) Upon the hearing of any such appeal the Court may make such order as may seem to it just and equitable including an order for the payment of costs of the appeal and of the costs, if any, of the proceedings before the Tribunal against whose order or decision the appeal was made.
(8) Any decision on any question of fact or of law made on any such appepl shall be subject to further appeal in the manner provided for by sections 34 to 38, both inclusive, of the Supreme Court (Summary Turisdiction) Ordinance, 1878.
(D) When a case has been stated under the provisions of sub-section (5) of section 28 appeal shall not lie to the Court but shall be to the Full Court in like manner as if it were an appeal from a decision of the Court save that it shall be unnecessary to obtain any leave to appeal. Upon any such appeal the Full Court shall have the powers given to the Court by this section,
Tribonala
Continuance of Tensacy and Tenancy Tribunal of pending
27. (1) The Tenancy Tribunals constituted by and under the Regulations made on the 22nd November, 1945, by the Chief Civil Affairs Officer, which Regulations were published in the Hong Kong (British Military Administration) Gazette on the 24th November, 1945, and by and under any amendment or modification of such Regulations, shall be proceedings deemed to be and from the commencement of this Ordinance
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