1970-HKRS29-8-37_Part01 — Page 23

Application.

(Cap. 2031

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"principal tenant" means a tenant of premises, other than a Crown lessee, who has or shall sublet the whole or any part or parts thereof as a separate holding or holdings:

"tenancy” includes an agreement for a tenancy:

"tenant" or "sub-tenant" does not include a Crown lessee but

includes-

(0) a person who before the commencement of this Ordinance has retained possession of premises by virtue of any enactment and who on the commencement of this Ordin- ance is in possession of such premises, to which this Ordinance applies;

(b) a person who shall retain possession of any premises

by virtue of this Ordinance. Ordinance.

J. (1) Save as otherwise provided in this section, this Ordinance shall apply to every domestic tenancy and domestic sub-tenancy existing at the date of commencement of this Ordinance in a post-war building, whether the same be effected orally or in writing and notwithstanding any provision in such tenancy or sub-tenancy including any provision purporting specifi cally to exclude the provisions of this Ordinance.

(2) For the purposes of this section a post-war building

mcaps-

(a) a building to which the Landlord and Tenant Ordinance does not apply by virtue of paragraph (a) or (d) of subsection (1) of section 3 of that Ordinance; and

(b) any building in the New Territories other than one in respect of which the District Commissioner, New Terri- tories, certifies that it existed prior to the 16th day of August 1945.

The burden of proving that a building is not a post-war building shall lie on the person so asserting; and a copy of a written permit of the Building Authority to occupy a building shall be prima facie evidence that a building is not post-war if granted prior to the 16th day of August 1945.

(3) The benefits and protection afforded by this Ordinance shall, in any tenancy or sub-tenancy to which it applies, be available to the widow, widower, mother, father or any daughter or son over the age of eighteen years of the tenant or sub-tenant, as the case may be, where she or he was residing with him or

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her at the time of his or her death, and for the purposes of this Ordinance references to tenant or sub-tenant shall, where applic- able, be deemed to include a reference to such widow, widower, mother, father, daughter or son, and the tenancy or sub-tenancy shall be deemed to continue in existence notwithstanding the death of the tenant or sub-tenant

(4) Tenancies and sub-tenancies to which this Ordinance applies shall not, so long as this Ordinance continues to affect them, be subject to the Tenancy (Notice of Termination) Ordinance.

(5) This Ordinance shall not apply to the following-

(a) a Lenancy or sub-tenancy for-

(1) a fixed term of three years or more the agreement for which contains no provision for earlier determination by the landlord of such tenancy or sub-tenancy other than for breach of any of the provisions of the agreement;

(ii) a fixed term of less than three years the agree. ment for which contains no provision for earlier deter. mination by the landlord of such tenancy or sub-tenancy other than for breach of any of the provisions of the agreement, if the term of such tenancy or sub-tenancy may be extended so that the total term thereof is for three years or more at the same rent by the exercise of an option on the part of the tenant without the consent of the landlord and without the payment of any fine or premium:

(5) a tenancy or sub-tenancy of premises to which the Landlord and Tenant Ordinance applies, or of premises in respect of which there is in existence an order made under section 38 of that Ordinance;

(c) a tenancy or sub-tenancy where the tenant or sub-tenant remains in occupation of the premises otherwise than with the consent of the landlord or principal tenant after the expiration of a valid notice to quit taking effect prior to the commencement of this Ordinance;

(d) a tenancy or sub-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 in respect of which an occupation permit is issued under the Buildings Ordinance, or under any Ordinance replaced thereby:

(e) a tenancy or sub-tenancy of agricultural land, which expression shall have the meaning assigned to it by the

(Cap. 333.)

(Cap. 15.)

(Cap. 123)