1973-HKRS28-16-21_Part05 — Page 26

(1) of 1973."))

(5) Tenancies and sub-tenancies to which this Part applies shall not, so long as this Part continues to affect them, be subject to Part V: but a notice of termination valid for the purposes of that Part may be served not more than six months prior to the date on which a tenancy ceases to be protected under this Part.

(6) This Part shall not apply to the following- (a) a tenancy or sub-tenancy of premises to which Part I applies, or of premises in respect of which there is in existence an order under section 4;

(b) a tenancy or sub-tenancy of land unbuilt

on:

(c) a tenancy or sub-tenancy of agricultural fand, 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 bouse occupied by persons working the land;

(d) a tenancy or sub-tenancy where the land- lord or principal tenant is the employer and the tenant or sub-tenant is the em- ployee in possession of the premises in accordance with the terms and conditions of his employment, being terms and con- ditions which require bim to vacate the accommodation on ceasing to be so em- ployed:

(e) a tenancy beld 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:

( a tenancy or sub-tenancy during the period while it is enjoying protection under section

117:

(g) a tenancy or sub-tenancy which is continu- ing. after ceasing to enjoy protection under section 117 (whensoever it ceased or ccases to enjoy such protection), on the same terms and conditions (save in so far

5

9. (1) Subject to subsection (9) the new Crown rent pay- able under a new Crown lease shall be an amount equal to three per cent of the rateable value of the lot or section.

(2) Subject to the provisions of this section, the rateable value of a lot or section for the purposes of this section is—

(2) the rateable value, as set out on the relevant day in the list declared under section 13 of the Rating Ordinance 1973, of the tenement of which the land comprised in the lol or section (and no other land) forms part or the aggregate of the rateable values as so set out of every tenement which includes any interest in such land (but no other land); or

(b) the interim valuation, as ascertained by the Commis- sioner under the Rating Ordinance 1973, on the relevant day of the tensment of which the land comprised in the lot or section (and no other land) forms part or the aggregate of such interim valuations of every tenement which includes any interest in such land (but no other land); or

(c) where a building on the lot or section also stands on

another lot or section-

(2)

() that proportion of the rateable value, as set out on the relevant day in the list declared under section 13 of the Rating Ordinance 1973, of the tenement of which such building forms part, or of the interim valuation, as ascertained by the Commissioner under the Rating Ordin- ance 1973, on the relevant day of such tenement, which the area of the lot or section bears to the area of all the lots or sections on which such building stands; or

(ii) that proportion of the aggregate of the rateable values, as so set out, or of the interim valuations on the relevant day as so ascertained, of each of the tenements of which a part of such building forms part, which the area of the lot or section bears to the area of all the lots or sections on which such building stands; or

the aggregate of any two or more of the foregoing, as the case may be.

(3) Where after the relevant day there is an interim valua- tion of-

(a) the tenement of which the land comprised in a lot or

section (and no other land) forms part;

(b) any tenement which includes any interest in such land

(but no other land);

New Crown rent of a lot or section held under a new Crown lease.

(IN DE USTED