1970-HKRS29-8-37_Part03 — Page 53

Meaning of "domestic tenancy".

(5) Where the rateable value of any domestic tenement is not entered in the valuation list declared on the 5th day of March 1970, the Commissioner may issue free of charge a certificate stating whether the rateable value (which expression shall have the meaning assigned to it by section 2 of the Rating Ordinance) of the tenement is fifteen thousand dollars or above; and such certificate shall be prima facie evidence as to whether the rateable value of the tenement is fifteen thousand dollars or above.

(6) Where the Commissioner issues a certificate under sub- section (5), he shall not issue anolber certificate under subsection (5) in respect of the same domestic tenement during the continu- ance in force of this Ordinance, but may issue a copy of any certificate so issued.

(7) A certificate issued by the Accountant General, or by a public officer authorized by him in writing in that behalf, shall be conclusive evidence of the rateable value of any tenement entered in the valuation list declared on the 5th day of March 1970; and such certificate shall be issued free of charge.

(8) A landlord, tenant, principal tenant or sub-tenant may apply in the specified form to the Comunissioner for the issue of a certificate under subsection (5) or (7).

(9) The provisions of section 5 shall apply for the purposes of this section as if for the words "domestic tenancy" appearing therein there were substituted the words "tenancy of a domestic tenement".

(10) Notwithstanding the provisions of this section where the rent of any tenancy or sub-tenancy in a domestic tenement to which this Ordinance does not apply is increased under this Ordinance, such tenancy or sub-tenancy shall remain subject to the provisions of this Ordinance.

(1) In this section. "tenement" shall have the meaning assign- ed to it by section 2 of the Rating Ordinance as read with section 5 of that Ordinance.

5. (1) For the purposes of section 3, "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 let, in determining the nature of the tenancy for the purposes of this Ordinance, regard shall be had to the following-

(a) in any agreement in writing between a landlord and tenant, or between a principal tenant and sub-tenant, a

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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;

(b) 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 use as a dwelling and 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 by the landlord or principal tenant expressly or by implication:

(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 tban 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 themselves 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, terms and conditions in any Crown lease,

tenancy or sub-tenancy;

(b) any occupation permit given by the Building Authority under the Buildings Ordinance, or under any Ordinance replaced thereby, in relation to premises the subject matter of the tenancy or sub-tenancy in question;

(c) normal additional uses of premises consistent with the domestic nature of the tenancy or sub-tenancy having regard to the following-

(1) Bloor area in occupation part or full-time for such

uses:

(Cup. 123)