1973-HKRS28-16-21_Part05 — Page 10

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Continua- tion of tenancies.

of the facts set out therein and of the primary user of the premises on the day on which they were inspected.

(7) The Commissioner may by notice in the specified form served on the applicant decline to deal with an application under subsection (4) if

(a) he is not satisfied that a dispute exists as

to the primary user of the premises; or (b) he has already issued a certificate under

subsection (5).

(8) A landlord, tenant, principal tenant or sub- tenant may apply to the court-

(a) within one month from the date of service of a certificate under subsection (5)(a), for a review of that certificate;

(b) within one month from the date of service of a notice under subsection 5(b) or (7), for a determination as to whether a tenancy or sub-tenancy is domestic:

(c) generally for a determination as to whether or not a tenancy or sub-tenancy is domestic,

(9) The court, on the hearing of an application under subsection (8), may-

(a) affirm the certificate of the Commissioner or substitute therefor its own determination; (b) in the case of an application under sub- section (8)(b) or (c), make a determination as to whether the tenancy or sub-tenancy is domestic.

Continuation and Termination of Tenancies

52. (1) Save as provided in subsection (2) and section $3, no tenancy or sub-tenancy, whether created before or after the 15th day of December 1973, sball terminate during the continuance in force of this Part.

(2) Subject to section 50(4), a tenancy or sub- tenancy shall not by virtue of this Part continue in existence after any change in the identity of the

(2) The Land Officer on being notified by the Director of a correction under subsection (1) shall accordingly rectify the amoun; of the new Crown rent shown in the register of the lot or section kept in the Land Office.

12. The entry for the time being in the register in the Land Office of the amount of the new Crown rent payable in respect of a lot or section shall be conclusive evidence of the grant of the new Crown lease of the lot or section and of the new Crown rent thereof.

13. (1) Without prejudice to section 8(6) the Crown may in collecting the new Crown rent payable in respect of

lot or section demand from the person, whether owner, agent or occupier, who pays the cales in respect of any tenement of which land held under a new Crown lease forms part an amount equal

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(a) three per cent of the rateable value of such tenement as sel out on the relevant day in the list declared under section 13 of the Rating Ordinance 1973 and such sum as may be necessary to make the same an even number of dollars; or

(b) three per cent of the interim valuation of such tenemeat nade by the Commissioner under the Rating Ordinance 1973 and such sum as may be necessary to make the samc an even number of dollars.

(2) The person on whom a demand under subsection (1) is made shall pay the sum so demanded within the time specified in such demand,

(3) Where under this section any sum is paid by a person who is not an owner of the lot or section, then the amount so paid shall be a debt due to that person from the owner of the lot or section and shall be recoverable as such from any rent or other moneys for the time being dug by that person to the owner.

(4) In this section "owner" in relation to a lot or section means the person whose name is registered in the Land Office as that of the owner of the lot or section or of any undivided share or other interest therein, and any person deriving title from such person by virtue of an underletting or otherwise.

14. (1) Without prejudice to any other remedy of the Crown in respect of the default in payment of the new Crown rent any sum not paid in accordance with a demand under section 13 shall be recoverable as a debt due to the Crown-

Evidence of renewal.

Collection of new Crown

rent

Recovering of new Crown rent.