1970-HKRS29-8-37_Part01 — Page 26

8

Juriadiction

of the District Court.

(6) Within fourteen days of service of a notice to quit under subsection (2) or (4) a tenant or sub-tenant on whom the notice was served may serve a counter notice on his landlord or principal tenant, as the case may be, disputing the right of the landlord or principal tenant to serve notice to quit.

(7) On receipt of a counter notice under subsection (6) the landlord or principal tenant, as the case may be, may apply to the court for an order for possession of the premises to which such notice relates. Where he satisfies the court that he is entitled to possession on the ground specified in the notice to quil, the court may make an order for possession which shall take effect on such date as the court may order but not earlier than the date on which the notice to quit would have taken effect nor later than three months from the date of such order; and at the hearing of such an application the court may order the payment of rent or mesne profits:

Provided that no order shall be made on the ground specified in paragraph (a) of subsection (2) if the court is satisfied that having regard to the circumstances, including the question whether other accommodation is available for the landlord, the tenant, the principal tenant or the sub-tenant, greater hardship would be caused by granting the order than by refusing to grant it

(8) Where a tenancy or sub-tenancy is terminated on any ground specified in paragraph (a) or (b) of subsection (2) and the same premises are the subject of a subsequent tenancy or sub-tenancy, at any time in the case of a tenancy or sub-tenancy terminated on the ground specified in paragraph (a) of subsection (2), or prior to the premises being rebuilt in the case of a tenancy or sub-tenancy terminated on the ground specified in paragraph (b) of subsection (2), the provisions of this Ordinance shall apply to such subsequent tenancy or sub-tenancy as if it were a continuation, on the same terms, of the tenancy or the sub-tenancy Lerminated under this section.

7. (1) The District Court shall have jurisdiction for the purpose of hearing and determining an application under section 6, and for the purpose of ordering the payment of rent or meane profits, and such jurisdiction shall be exercised notwithstanding that the value of the property sought to be recovered on the amount of the rent or mesne profits being claimed exceeds five thousand dollars.

(2) All determinations of the District Court under this Ordinance shall be final and no appeal shall lie therefrom.

Passed by the Hong Kong Legislative Council this 28th day of January, 1970.

Shave

Deputy Clerk of Councils,

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly primed copy of the said bill.

Depury Clerk of Councils,