1950-HKRS28-8-17_Part02 — Page 17

Amendment

of section

BA of the

principal Ordinance.

Citation.

Inter. pretation.

Section 3A of the principal Ordinance is hereby amended by the insertion after subsection (2) thereof of the following additional subsection—

"(3) The regulations in the Schedule to the Emergency Powers (Extension and Amendment Incorporation) Amend- ment Ordinance, 1950, shall be deemed to have been made by order of the Governor under subsection (2) hereof and to have had effect from the 1st day of April, 1949.**

SCHEDULE.

REGULATIONS. /

These regulations, may be cited as the Compensation {Defence) Modification Regulations, 1950, and shall be read and construed as one with the Compensation (Defence) Regulations, 1940, hereinafter referred to as the principal regulations,

2.

In these regulations

"building" includes land occupied, or enjoyed together

with a building:

“designated date" means the 1st of April, 1949;

1

"let" does not include a lease by the Crown;

"new building" means a building constructed or recon- structed after the 16th of August, 1945: Provided that in the case of a reconstructed building such building shall not be deemed to be a new building unless an amount not less than the equivalent to the standard rent thereof for seven years has been expended in the reconstruction and repair of any structure forming part of such building which the Commissioner of Rating and Valuation Department may consider to have been reasonably necessary to entible the same to be used as a private dwelling house or as business premises;

building;

"old building" means any building other than a new

"permitted inercases" shall mean such increases in or additions to the standard rent as could lawfully be made if the land possession of which has been taken in exercise of emergency powers had become or had continued to be the subject of a tenancy;

"standard rent" has the meaning assigned to it in the Landlord and Tenant Ordinance, 1947: Provided that in the case of a building which was not let unfurnished until after the

1st of December, 1941; or which was never let unfurnished prior to possession thereof being taken in exercise of emergency powers "standard rent* shall mean such a rate of rent as would have constituted a fair rent for the building if let unfurnished immediately before the 1st of December, 1941.

3. (1) Where possession of any old building has been taken Compensa- or retained in exercise of emergency powers after the designated tion for date there shall be substituted for the compensation payable under of old

Possession sub-paragraph (a) of paragraph (1) of regulation 4 of the principal buildings. regulations a sum equivalent to the standard rent of such old building together with any permitted increases,

(2) Paragraph (1) of this regulation shall apply whether or not such old building was prior to possession thereof being taken in exercise of emergency powers the subject of a letting and whether or not the rent thereof was or could have been controlled under any law.

(3) For the purposes of determining the standard rent of any old building regard shall be had to the use made of such building or any part thereof immediately prior to possession thereof being taken in exercise of emergency powers and, if there was then no user, to the last user and, if it cannot be ascertained to what use the premises were in fact put, then to the use to which the building could most readily be put or adapted: Provided that where an old building or any part thereof has been designed wholly or primarily as a private dwelling user for any other purpose shall be ignored unless it has continued for more than a year and is subsisting at the time that possession of such building is taken. User determined in accordance with this paragraph is hereinafter referred to as the "determining user".

(4) For the purposes of determining the standard rent any part of an old building which was in fact the subject of a separate letting or in separate occupation immediately prior to possession thereof being taken in exercise of emergency powers shall be treated as constituting separate premises and paru- graph (3) of this regulation shall have effect accordingly.

(5) If the determining user of any old building or any separate premises therein is user wholly or primarily as a private dwelling such building or premises shall be deemed to be domestic premises and in every other case shall be deemed to be business premises to the intent that for the purpose of these regulations and the principal regulations the meanings hereby assigned to domestic premises and business premises shall be