1953-HKRS29-8-20_Part03 — Page 4

Adria- aibility in evidence of

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reference to the standard rent so certified as aforesaid and such certificate shall be conclusive evidence for all purposes of the rate of increased rent payable by each sub-tenant.

(3) Any increase of the rent of any premises of which notice has been given under subsection (1) shall be adjusted where adjustment is necessary having regard to the rate of rent certified to be payable by a rertificate issued under subsection (2) = Provided that where the rate of rent so certified exceeds that stated in the notice of increase, such adjustment shall only be made as from the twenty-eighth day after service upon the sub- tenant of a copy of the certificate issued under subsection (2),

(4) Whenever it is necessary for the Secretary for Chinese Affairs to assess the rent of any premises under the provisions of this section, he shall have power-

(a) to enforce the attendance of the landlord and the tenant thereof, and of any of their witnesses, at such place and Lime as he may determine, and to examine them on oath or otherwise; and

(b) to compel the discovery, inspection and production of

documents,

and a summons or order under the hand of the Secretary for Chinese Affairs or some duly authorized officer of his department issued or made for the purpose of exercising any of the aforesaid powers shall be of like force and effect as the corresponding form of process issued in any action or suit for the like purpose and may be enforced by a bailiff or other officer of the court in like manner as such forms of process would be enforced.

(5) The Secretary for Chinese Affairs may authorize by name or office and by notice published in the Gazette such officers of his department as he may think fit to exercise on his behalf his functions under this section.

30, A certificate purporting to be issued in pursuance of the provisions of subsection (3) of section 28 or subsection (2) of certificates section 29 shall be admissible in evidence in all legal proceedings, whether civil or criminal, upon production of the certificate and without proof of the signature thereon, unless objection to its 29 and 29. admission in evidence is taken by some party opposed to the

party tendering it.

issued under nections

Forms for

Use Under

section:

28 and 29.

Schedule A.

31. The forms in schedule A herero are prescribed for use under sections 28 and 29 and shall in each case be accompanied by a translation thereof in the Chinese language.

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32. Sections 34 and 35 of the principal Ordinance are Repeal of repealed.

33, (1) Section 29 of the principal Ordinance is amended by the deletion from the second line of subsection (2) of the words "the Schedule to this Ordinance" and the substitution therefor of the following—

"the first schedule".

(2) The schedule to the principal Ordinance is amended by the deletion of the heading "SCHEDULE" wherever it appears and by the substitution therefor of the following-

"FIRST SCHEDULE”.

(3) The principal Ordinance is amended by the addition after section 36 of the following new section.

"Forms, senad schedule.

37. The forms in the second schedule are prescribed for use under this Ordinance and shall in each case be accompanied by a translation thereof in the Chinese language."

sectiona 34 and 35.

Addition of forma as a second schedule to the principal Ordinance and

amend- ments con- sequential thereon.

(4) The principal Ordinance is amended by the addition at Schedule B. the end thereof of a second schedule as set out in schedule B hereto.

for a

34. (1) The Government Printer shall, if directed by the Provision Governor, cause to he prepared and published a reprint of the reprint principal Ordinance incorporating therein all additions, umissions, of the substitutions and amendments effected by this Ordinance and by Ordinance

principal any other enactment amending the principal Ordinance, and as

amended shall, if so directed, print as part of such reprint and as an

and of appendix thereto section and sections 24 to 31 inclusive of this thin

Ordinance. Ordinance together with this section and together with Schedule A to this Ordinance.

(2) The publication of such reprint and appendix shall be notified by the Colonial Secretary in the Gasette and, with effect from the date of such notification, such reprint and appendix shall be deemed authentic copies of the principal Ordinance as amended and of this Ordinance and shall be judicially notices! as such, and further shall be deemed to be official copies for the purposes of subsection (3) of section 7 of the Interpretation Ordinance.

(3) If any inconsistency is shown to exist between a provision of any enactment authorized to be published in such reprint and appendix and that provision as published in such reprint and appendix, the provision as enacted shall prevail.

(Cap. 1)