1973-HKRS28-16-21_Part03 — Page 53

Application.

QCBp. 255.1

2

"principal tenant" means a tenant of premises other than a Crown lossce, who has sublet or shall sublet the whole or any part or parts thereof as a separate holding or boldings; "tenancy" includes an agreement for a tenancy;

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

includes ----

(a) a person who, on the commencement of this Ordinance. is in possession of premises to which this Ordinance applies:

(b) a person who retains possession of any premises by

virtue of this Ordinance; and

(c) a public body, corporation, foreign or Commonwealth Government or unincorporated body of persons who is a tenant or sub-tenant of premises to which this Ordinance applies.

3. (1) Subject to subsection (6), this Ordinance applies to every domestic tenancy and domestic sub-tenancy existing at the commencement of this Ordinance in a post-war building, whether the same was effected orally or in writing and notwithstanding any provision in such tenancy or sub-tenancy, including any provision purporting generally or specifically to exclude the provisions of this Ordinance.

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

meuns

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

(b) any building in the New Territories other than one in respect of which the District Commissioner, New Territories, certifies that it existed prior to the 17th day of August 1945.

(3) 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 the permit purports to have been issued prior to the 17th day of August 1945.

(4) The benefits and protection afforded by this Ordinance shall, in the case of 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 the tenant or sub-tenant at the time of his or her death, and

for the purposes of this Ordinance references to tenant or sub- tenant shall, where applicable, 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.

(5) 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) Or- dinance.

(6) This Ordinance shall not apply to—

(Cap. 335)

(a) a tenancy or sub-tenancy of premises to which the

Landlord and Tenant Ordinance applies, or of premises (p. 2554 in respect of which there is in existence an order made under section 38 of that Ordinance:

(b) a tenancy or sub-tenancy of land unbuilt on; (c) a tenancy or sub-tenancy of agricultural land, which

expression shall have the meaning assigned to it by section 36 of the Rating Ordinance 1973, including such a tenancy or sub-tenancy where there is on the land a dwelling house occupied by persons working the land; (d) 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, being terms and con- ditions which require him to vacate the accommodation upon ceasing to be so employed:

(e) 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 temancy:

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

(g) 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:

(h) a tenancy or sub-tenancy to which the Rent Increases

(Domestic Premises) Control Ordinance applies.

(01 of 1973.)

(Cap. 276.1

(xo. 318)