1948-HKRS29-8-15_Part03 — Page 38

(b) ao Court shall entertain any such claim whether the game be advanced by way of claim, counterclaim or set-off or howso- ever the same may be advanced.

4. (1) It is hereby declared that section 3 shall not apply-

or his agent;

Provision for payment of

(a) to any rent actually paid to or received by a landlord rent in cruin

(b) to any rent or other consideration paid or dus in pursuance of any agreement arrived at between landlord and tenant by way of settlement of claims by the landlord for the rent of any premises in respect of the war period or part thereof.

(2) Section 3 shall not apply to any tennnoy in respect of which the tenant, after the commencement of this Ordinance, makes a claim against the landlord for breach of the covenants on the landlord's part, express or implied, occurring during the war period: Provided that section & shall nevertheless apply if in the case of a breach occurring during the war period but continuing thereafter the claim is limited to breaches continuing subsequent to the war period.

CASCI.

in care

5. Where, by virtue of the law which would be applicable if Compensation this Ordinance had not been passed, a landlord would have been to landlord entitled to claim rent against a tenant, and property belonging to the where tenant remained on the premises and was subsequently restored to tenant's the tenant by or on behalf of the landlord, there shall be payable property was to the landlord, by the tenant, such a sum as will fairly compensate premises and the landlord for suffering such property to remain on the premises alumandy and for his care thereof and for any expenses incurred in preserving restored. the Barne.

stored on the

default of

6. The compensation referred to in the preceding section shall, Submission of in default of agreement, be ascertained by submission to the arbitration aim, in of two arbitrators, one to be appointed by either party, and sections agrocicat, to numbered 539 to 550 inclusive of the Code of Civil Procedure shall arbitration. apply to any such submission in like manner as if this section were & written agreement by the parties to submit their differences to Ordinance arbitration.

No. 3 of (god.

1. The Crown shall be entitled to the benefit of this Ordinance. Crown

Passed the Legislative Council of Hong Kong, this 25th day

of August, 1948.

Alartais

Deputy Clerk of Councils.

encided to the benefic of this Ordinance.