Application.
(Cap. 255.)
2
"court" means the District Court;
"landlord" includes any person, other than the Crown, who is from time to time entitled to receive rent in respect of any premises and, in relation to a particular tenant, means a person entitled to receive rent from such tegant; "panel" means the Rent Increases Advisory Panel appointed
under section 17;
"principal tenant" means a tenant of premises other than a Crown lessee, who has sublet or shall sublet the whole or any part or parts thereof as a separate holding or holdings: "reviewing fee" means a fee of five per cent of the existing monthly
rent or one hundred dollars whichever is the less; 'tenancy" includes an agreement for a tenancy:
"tenant" or "sub-tenant" does not include a Crown lessee but
includes-
(a) a person who is in possession of premises, to which this Ordinance applies, on the commencement of this Ordin-
ance:
(6) a person who shall retain possession of any premises
by virtue of this Ordinance.
3. (1) Save as otherwise provided in this section and in section 4, 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 purport- ing generally or specifically to exclude the provisions of this Ordinance.
(2) For the purposes of this section a post-war building
mcans-
(@) a building to which the Landlord and Tenant Ordinance does not apply by virtue of paragraph (4) or (d) of sub- section (1) of section 3 of that Ordinances 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 17th day of August 1945.
The burden of proving that a building is not a post-war building shall be on the person so asserting; and a copy of a written permit of the Building Authority to occupy a building shall be
3
prima facie evidence that a building is not post-war if granted prior to the 17th 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 avail- able 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 her at the time of his or her death, and for the purposes of this Ordinance references to tenant or sub-tenant shall, where appli- cable, 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) Ordin- ance; but a notice of termination valid for the purposes of that Ordinance may be served not more than six months prior to the date on which a tenancy ceases to be protected under this Ordin-
ance.
(5) This Ordinance shall not apply to the following- (4) a tenancy or sub-lenancy for-
(i) 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 agree- ment:
(ii) a fixed term of less than three years 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, 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;
(b) 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
(Cap. 315)
(Cap. 235.1
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