1970-HKRS28-8-37_Part01 — Page 24

(Cap. 116)

(Cap. 276)

(CRB. 155.7

Rating Ordinance, including such a tenancy or sub- tenancy where there exists on the land any dwelling house occupied by persons working the land;

(f) a tenancy or sub-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 accommodation upon ceasing to be so employed:

(g) a tenancy held from the Crown, the Hong Kong Housing Authority, the Hong Kong Housing Society, or the Hong Kong Model Housing Society, or a sub-tenancy created out of such a tenancy;

(A) a tenancy or sub-tenancy which is enjoying protection under section 3 of the Tenancy (Prolonged Duration) Ordinance;

(0) a tenancy or sub-tenancy which is continuing, after ceasing to enjoy protection under section 3 of the Tenancy (Prolonged Duration) Ordinance (whensoever it ceased or ceases to enjoy such protection), on the same terms and conditions (save in so far as the same may have been modified, added to or varied by any enactment) as those which applied when it was enjoying such protection, for so long as it continues on those terms and conditions;

(^) a tenancy or sub-tenancy devised for a particular purpose and in the circumstances effective for fulfilling that purpose only if it is for a limited term terminable without the period of notice required under section 3 of the Tenancy (Notice of Termination) Ordinance; or (k) tenancy or sub-tenancy of premises which the landlord bas, before the date of the commencement of this Ordin- ance, contracted to sell and which contract provides for the delivery of vacant possession of such premises after the commencement of this Ordinance.

(6) A dispute as to whether a tenancy or sub-tenancy is excluded by reason of paragraph () of subsection (5) shall not be justiciable in the courts but shall be determined by the Secretary for Home Affairs in a summary manner on application in writing being made to him, and his decision shall be final and binding. The Secretary for Home Affairs may authorize by name or office such officers of his department as he may think fl to exercise on his behalf bis functions under this subsection.

(7) The Governor in Council may in his absolute discretion by order exclude from the further application of this Ordinance any class of tenancy or sub-tenancy, any class of premises or any particular tenancy or sub-tenancy or premises.

4.

(1) For the purposes of this Ordinance. "domestic tenancy" and "domestic sub-tenancy" mean a tenancy or sub- tenancy of premises let as a dwelling.

(2) Notwithstanding the purpose for which premises were JL. in determining the nature of the tenancy for the purposes of this Ordinance, regard shall be had to the following-

(4) in any agreement in writing between a landlord and tenant, or between a tenant and sub-tenant, a term that the premises shall be used for a specified purpose shall be prima facie evidence that the premises are being used for such purpose;

(6) notwithstanding any evidence as to whether premises were originally let as a dwelling or not, where such premises are being used primarily for another purpose. they shall be deemed to have been let for such other purpose:

Provided that where such primary user is in breach of any term in the agreement with the landlord or principal tenant, as the case may be. then the tenant or sub-tenant shall be required to establish that such user has been agreed to or condoned, expressly or by implication, by the landlord or principal tenant;

(c) where there exists insufficient evidence as to whether premises were let as a dwelling or not, the nature of the tenancy or sub-tenancy shall be determined by the primary user of the premises which in the case of a sub-tenancy shall be subject to paragraph (d),

(d) where there is evidence that premises were let otherwise than as a dwelling, or that they were being used other- wise than as a dwelling at the commencement of a sub-tenancy created out of the original tenancy, any premises the subject of such sub-tenancy shall them- selves be deemed to be used otherwise than as a dwelling until the sub-tenant satisfies the court to the contrary. (3) In determining whether the premises were let, or are being used, as a dwelling, the following may be taken into

account

(a) covenants and conditions in any Crown lease, tenancy or

sub-tenancy;

Meaning of "domestic tenancyTM.