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(40 of 1973J
"Commissioner" means the Commissioner of Rating
and Valuation;
"court" means the District Court:
"current rent" means the rent, exclusive of rates, payable by a tenant at the date of an application under section 57;
"fair market rent" means the rent, exclusive of rates, at which premises the subject matter of a tenancy to which this Part applies might reasonably be expected to be let on the terms of the tenancy (other than those relating to rent and duration of the tenancy) but disregarding the effect of this Part:
"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 tenant:
"Panel" means the Rent Tribunal Panel appointed
under section 69;
"principal tenant" means a tenant of premises, other than a Crown lessee, who has sublet the whole or any part or parts thereof as a separate hold- ing or holdings;
"repealed Part II" means Part II of the Ordinance repealed by section 2 of the Landlord and Tenant (Consolidation) (Amendment) (No. 2) Ordinance 1973;
"tenancy" includes an agreement for a tenancy; "tenant" or "sub-tenant" does not include a Crown
lessco but includes-
(a) a person who, on the 15th day of December 1973, is in possession of premises the subject matter of a tenancy or sub-tenancy to which this Part applies;
(b) a person who, on the 15th day of December 1973, is the tenant or sub-tenant of premises by virtue of the repealed Part fl or section 6 of the Domestic Premises (Tenure and Rent) (Temporary Provisions) Ordinance 1973;
(c) a person who retains possession of any
premises by virtue of this Part; and
Application.
(d) a public body, corporation, foreign or Commonwealth Government or unincor- porated body of persons who is a tenant or sub-tenant of promises the subject matter of a tenancy or sub-tenancy to which this Part applics.
50. (1) Subject to subsection (6), this Part applies to every domestic tenancy and domestic sub- tenancy 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 this Part.
(2) For the purposes of this section a post-war building means...---
(d) a building to which Part I does not apply
by virtue of section 3(1)(a) or (d); and
(b) any building in the New Territories other than one in respect of which the District Commissioner, New Territories, certifics 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 Part shall, in 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 Part 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.
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