(Cap. 255).
(9 of 1952).
(Cap. 116).
Minimum length of notice to determine tenancy,
(2) This Ordinance shall not apply to the following-
(a)
a tenancy for a fixed term of three years or more the agreement for which contains no provision for carlier determination of the same other than for breach of any of the provisions of the agreement,
(b) a tenancy of premises to which the Landlord and Tenant Ordinance applies, or of premises in respect of which thera is in existence an order made under section 31 of that Ordin- ance;
(c) a tenancy to which the Tenancy (Prolonged Duration) Ordin-
ance, 1952, applies;
(d) a tenancy in respect of which a valid notice to quit was given prior to the 14th day of April, 1962, including a tenancy arising by reason of a tenant bolding over in such circum- stances:
(e) a tenancy of land unbuilt on, but such a tenancy shall cease to be excluded so soon as there is built on the land in accordance with the provisions of the agreement for the tenancy any building of a permanent nature:
(f) a tenancy of agricultural land, which expression shall have the meaning assigned to it by the Rating Ordinance, including such a tenancy where there exists on the land any dwelling house occupied by persons working the land;
(g) a tenancy where the landlord is the employer and the tenant is the employee in possession of the premises in accordance with the terms and conditions of his employment where such terms and conditions require him to vacate the accommoda- tion upon ceasing to be so employed:
(A) a tedancy held from the Crown.
(3) In addition to the tenancies excluded by virtue of subsection (2), this Ordinance shall not apply to a tenancy devised for a particular purpose and in the circumstances effective for fulfilling that purpose only if it is for a short term terminable without the period of notice required under section 3. A dispute as to whether a tenancy is exclud- ed by reason of this subsection shall not be justiciable in the courts but shall be determined by the Secretary for Chinese Affairs in a sum- mary manner on application in writing being made to him, and his decision shall be final and binding.
3. (1) Save where vacant possession is given up or where a tenant surrenders his tenancy in exchange for a new tenancy no tenancy, whether existing at the date of commencement of this Ordinance or created thereafter, shall cease or be determined without a written notice of termination being served by the landlord or tenant on the other
3
party. No such notice shall be valid unless it is served not less than six months on the part of the landlord, or one month on the part of the tenant, before the date on which is to take effect. Such notice may be served six months, or one month as the case may be, before a tenancy for a fixed term would otherwise have terminated.
(2) Nothing in this section shall be construed as permitting any tenancy to be determined earlier than would have been the case had this Ordinance not been enacted, or as affording any tenant any security of tenancy beyond the period of six months required for a notice of termination.
(3) Where notice of termination is served on a tenant and in addi- tion is posted on three successive days, together with a copy in Chinese, upon the main door or entrance of the premises affected, such notice of termination shall take effect terminating also any sub-tenancies created under the tenancy to which it relates.
(4) When but for the enactment of this Ordinance a tenancy would have terminated, such tenancy shall continue at the same rent until the expiry of a notice given under this section upon such of the covenants, conditions and other terms of the original tenancy as are appropriate to a month to month tenancy. In the absence of any express covenant and condition there shall also be implied a covenant to pay rent and a condition for forfeiture for non-payment within fifteen days of the due date.
(5) A notice of termination may be served in any manner which would constitute effective service of a notice to quit.
from
4 (1) An agreement between a landlord and tenant, or between Exclusion of a prospective landlord and tenant which makes provision for the ter- Lenancies mination of the tenancy by the giving of notice of shorter duration Ordinance. than that required under section 3, may be submitted by the parties jointly to the Secretary for Chinese Affairs, who may endorse thereon bis ratification of such agreement if satisfied-
(a) that both parties understand the effect thereof; and (b) that no sub-tenants are prejudiced thereby.
Upon ratification the tenancy to which such agreement refers shall be excluded from the further application of this Ordinance.
(2) The Governor in Council may in his absolute discretion by order exclude from the further application of this Ordinance any class of tenancy, any class of preraises or any particular tenancy or premises. (3) The Secretary for Chinese Affairs may authorize by name of office such officers of his department as he may think fit to exercise on his behalf his functions under subsection (3) of section 2 and under this section.
No comments yet.
Private notes are available after approval.