1947-HKRS29-8-14_Part03 — Page 16

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already been given and has expired, then to one month's notice expiring at the end of the calendar month next after the month in which such order was notified. Provided that in the event of any notice having been given prior to such order being notified nothing herein contained shall entitle a landlord to recover possession prior to the expiration of such notice.

(2) In any case in which such order will affect only particular premises to which this Ordinance applies and will not relate to all premises of a similar character the power hereinbefore conferred shall not be exercised save upon the recommendation of a Tenancy Tribunal.

(3) Any landlord or tenant desiring to obtain such recommendation shall serve notice thereof on the tenant or landlord as the case may be in Form No. 11 of the Schedule bereto and shall also post such notice în a conspicuous place at the entrance to the premises to which the application relates. Such service and posting shall be vertified by Affidavit in Form No. 12 of the Schedule hereto which shall be lodged in the Registry of the Supreme Court together with a fee of twenty dollars for the hearing of the application.

(4) Any party other than the person served under sub- section (3) who opposes the application shall within fourteen days of such notice having been posted as aforesaid give notice in writing to the Registrar of the Supreme Court in Form No. 13 of the Schedule "herelo stating his interest in the matter and whether he wishes to make written representations to the Tenancy Tribunal or whether be wishes to appear by himself or by his advocate on the hearing of the application.

(5) Upon expiration of such fourteen days

(a) the Chief Justice shall appoint a Tenancy Tribunal to bear the application and to deter- mine whether or not it should recommend to the Governor in Council that the premises to which the application relates should be excluded from the further application of this Ordinance, and

(b) the Registrar shall obtain the direction of a Judge in Chambers as to which parties in addi- tion to the person served under sub-section (3) shall be entitled to be heard thereon and as to whether any person is to be at liberty to forward any written representations to the Tribunal, and shall notify the parties and any auch person accordingly and of the day fixed for hear. ing such application.

(6) A Tenancy Tribunal appointed to determine any application under this section after hearing auch parties and considering such representations as a Judge in Chambers has directed shall be heard and may be put forward respectively, may in its absolute discretion decide to recommend that the premises to which such application relates should be excluded from the further application of this Ordinance or to make no recommendation and shall inform the parties of its decision. In the event of the Tenancy Tribunal deciding to make a recommendation, the Chairman of the Tenancy Tribunal shall forward in writing such recommendation and the reasons therefor together with the papers and any record of the proceedings before the Tenancy Tribunal to the Clerk of Councils for the consideration of the Governor in Council,

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(7) The costs of such application shall in any event be borne by the applicant. Such costs shall be allowable as would be granted in an action before the Court.

(8) Sub-sections (3) to (7) inclusive of this section may be rescinded, added to or varied by rules made under section 30.

Barvice of

33. Any notice given under the provisions of this Method of Ordinance may be served upon the person affected thereby Notic either personally or by leaving the same with any occupier of the premises to which the same relates, or by leaving the same with some adult innate at the usual or last known place of business or residence of the person to be served, or, if the person to be served cannot readily be found, by affixing the notice on a conspicuous part of the premises to which the same relates.

34. (1) Every person who shall mala fide do any act whatsoever with intent to induce the lessee of any premises

to give up possession thereof shall upon summary conviction be liable to a fine not exceeding one thousand dollars.

(2) Upon the bearing of any autumns issued under this section it shall be lawful for a magistrale, 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 lessee such sum as may appear to the magistrate to be sufficient to compensate the lessee for any costs, damages, loss or inconvenience sustained by him by reason of such act.

35. This Ordinance shall continue in force until and including the 31st December, 1948: Provided that it shall be lawful for the Legislative Council from time to time by resolution to extend the duration of this Ordinance for such term, not exceeding one year al any one time, as may be specified in such resolution.

36. (1) Immediately after this Ordinance shall coase to be in force, any tenant who shall have been in occupation at the time when this Ordinance ceases to be in force shall be deemed to be holding at the rent payable immediately before this Ordinance ceases to be in force unless the landlord shall have given such tenant such notice to quit, terminating with the termination of this Ordinance, as would have been, as regards length of notice a due notice to quit under the terms of the tenancy if this Ordinance had not been passed.

(2) The expiration of this Ordinance shall not render recoverable by a landlord any rent or other sum which during the continuance thereof was irrecoverable, or affect the right of a tenant to recover any sun which during the continuance thereof was under this Ordinance recoverable by him.

37. Nothing in this Ordinance ahall be construed so at to prevent a landlord from collecting from his tenant the rates for the time being payable in respect of any premises or such apportioned sum as shall properly be attributable to such premises in respect of rates, provided that the obligation of paying the rates in respect of such premises was assumed by the tenant under the terms of the tenancy.

Frohibition mals de with intent

of acts diso

bu indoce a lessen to godk

Duration of Ordinance.

Bract of the termin

on of the Ordinates,

Collection of rates not lo be effected.