1953-HKRS29-8-20_Part02 — Page 38

(3) It shall be lawful for a tenancy tribunal on the application of a tenant or a landlord-

(a) to determine any dispute or difference between a tenant and a landlord as to the construction and application of this section;

(b) to decide whether any repairs which the landlord proposes to execute are necessary repairs;

(c) to order a tenant for such period as to the tribunal may appear reasonable to vacate the premises the subject of the tenancy or part thereof to facilitate the execution of necessary repairs, and in its discretion to grant any extension of such period;

(d) to order the ejectment of a tenant who, in the opinion of the tribunal, has unreasonably refused to allow the landlord to enter the premises the subject of the tenancy or any part thereof for the purpose of effecting any necessary repairs or in order to ascertain whether there are necessary repairs to be effected;

(e) to order the tenant to suffer the landlord his servants and agents to enter upon the pre- mises the subject of the tenancy or pari thereof for the purpose of executing all necessary repairs, or in order to ascertain whether there are any necessary repairs to be effected, and to give any direction which may appear to it to be desirable with regard to the manner and times in which and at which the repairs are to be effected;

(f) to order that in respect of any period during which the premises the subject of the tenancy have been reasonably vacated by the tenant to facilitate the execution of necessary repairs, the permitted rent shall abate by such proportion as the period during which the tenant has so vacated the premises bears to the concurrent period or periods in respect of which rent is payable;

(g) to order restoration of possession to a tenant entitled to such possession by virtue of sub- section (4).

(4) A tenant who in order to facilitate the execu tion of necessary repairs vacates the premises the subject of the tenancy or part thereof whether of his own volition or at the request of the landlord or pur- suant to an order of a Lenancy tribunal shall not be deemed to have lost possession thereof unless such tribunal has ordered his ejectment under sub- paragraph (d) of subsection (3), and shall be entitled Lo have possession restored to him (as soon as con- veniently may be after the repairs have been effected), and a tenancy tribunal is hereby empowered upon application by the tepant to make an order that pos- session be restored to the tenant.""

Section 8 of the principal Ordinance is amended-

Amendment DE section

(a) by the deletion of paragraph (a) of subsection (1), and 8. the substitution therefor of the following paragraph- "(a) demands or receives rent in excess of the permitted

rent of any premises; or";

(b) by the deletion of the words "grant, renewal or continu- ance" where they occur in paragraphs (6), (c) and (d) of subsection (r) and the substitution therefor of the following-

"grant, renewal, continuance or transfer"';

(c) by the deletion from the last line of subsection (1) ol the word "two", and the substitution therefor of the following-

"four"*

(d) by the deletion of subsection (2), and the substitution

therefor of the following subsection-

"(a) Upon conviction of a person of an offence against subsection (1), it shall be lawful for a magis- trate, in addition to imposing a fine-

(a) to order the defendant to pay to the tenant--

(i) any sum received in excess of the permitted rent; or (ii) the amount or value of the consideration mentioned

in paragraph (b) or (c) of subsection (1); or