1970-HKRS29-8-37_Part03 — Page 52

(8 of 1970.)

(C. 15.)

(CLA. 276.)

(Cap. 135.)

Cap. 1233

(d)

(e)

the expiration of a valid notice to quit taking effect prior to the commencement of this Ordinance, but shall apply where the tenant or sub-tenant remains in occupation solely by virtue of the Security of Tenure (Domestic Premises) Ordinance 1970;

a tenancy or sub-tenancy of land unbuilt ca;

a tenancy or sub-tenancy of agricultural land, which expression shall have the meaning assigned to it by the Rating Ordinance, including such a tenancy or sub- tenancy where there exists on the land any dwelling house occupied by persons working the land;

() 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;

(h) a tenancy or sub-tenancy during the period while it is enjoying protection under section 3 of the Tenancy (Pro- longed Duration) Ordinance:

(/) 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) 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 with- out the period of notice required under section 3 of the Tenancy (Notice of Termination) Ordinance; or

(k) a tenancy or sub-tenancy of any premises or part thereof in respect of which an occupation permit was given by the Building Authority under the Buildings Ordinance after the 30th day of January 1970.

(6) An agreement between a landlord and tenant, or between a principal tenant and sub-tenant, or between a prospective land-

5

lord and tenant or a prospective principal tenant and sub-tenant, which purports to exclude the tenancy or sub-tenancy by virtue of paragraph (1) of subsection (5) may be submitted by the parties jointly to the Secretary for Home Affairs, or to a public officer in the Secretariat for Home Affairs authorized by the Secretary for Home Affairs in writing in that behalf, who may endorse thereon his ratification of such agreement if satisfied that the tenancy or sub-tenancy is within the terms of paragraph () and that both parties understand the effect thereof.

(7) A dispute as to whether a tenancy or sub-tenancy is excluded by reason of paragraph (7) of subsection (5) shall not be justiciable in the courts but shall be determined by the Secretary for Home Affairs, or by a public officer in the Secretariat for Home Affairs authorized by him in writing in that behalf, in a summary manner on application in writing being made to him, and his decision shall be final and binding.

(8) 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) This Ordinance shall not apply to a tenancy or sub-tenancy of any domestic tenement if-

(a) the whole of such tenement is the subject of a single

Tenancy or sub-tenancy; and

(b) the rateable value of such tenement is for the purposes

of this section fifteen thousand dollars or above.

(2) For the purposes of this section the rateable value of any tenement shall be that entered in the valuation list declared on the Sth day of March 1970 under section 10 of the Rating Ordinance.

(3) Where a domestic tenement the rateable value of which is fifteen thousand dollars or above is the subject of more than one tenancy or sub-tenancy, the Commissioner may, on the appli- cation of the landlord or principal tenant of any such tenancy or sub-tenancy, issue free of charge a certificate stating whether, on an apportionment of the rateable value of the tenement as entered in the valuation list declared on the 5th day of March 1970, the rateable value of the premises comprised in such tenancy or sub- tenancy is fifteen thousand dollars or above; and such certificate shall be prima facie evidence as to facts contained therein.

(4) Where a certificate issued under subsection (3) shows an apportioned rateable value of fifteen thousand dollars or above, this Ordinance shall cease to apply to any tenancy or sub-tenancy of the premises to which the certificate relates.

Exclusion of tenancica in premises whose rateable value is $15,000 or above.

(Cap. 16.)