1973-HKRS28-16-21_Part05 — Page 29

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(b) the premises are required by the landlord or principal tenant for occupation as a residence for-

() himself;

(i) his father or mother; or

(iii) any son or daughter of his over eighteen years of age,

and the landlord or principal tegant did not become the landlord or principal tenant on or after the 15th day of December 1973:

Provided that a court shall not make an order for possession by reason only that the circumstances of the case fall within this paragraph if the court is satisfied that having regard to all the circumstances of the case. including the question whether other accom- modation is available for the landlord, the tenant, the principal tenant or the sub-tenant, greater hardship would be caused by grant- ing the order than by refusing to grant it;

(c) the landlord or principal tenant intends to

rebuild the premises:

(d) the tenant or the sub-tenant has caused unnecessary annoyance, inconvenience or disturbance to the landlord, principal tenanı or to other occupants of the premises, as the case may be:

Provided that no order shall be made under this paragraph unless the court is satisfied that the annoyance, inconvenience or disturbance had continued after a warn- ing given by the Commissioner to the tenant or sub-tenant causing the same; or

(e) the tenant has, at any time after the 14th day of December 1973, without the consent in writing of the landlord sublet the whole or any part of the premises of which he is the tenant.

(3) An order for possession shall take effect on such date as the court may order, but not later than three months from the date of such order: and on the making of an order for possession under subsection

11968, c. 23,

18013

11968, c. 23, 4. 180221

(1968, c. 23,

D. 190

(2) the court may also order the payment of rent or mesne profits.

(4) Notwithstanding subsection (}X(c), if the court makes an order for possession of premises from a tenant under subsection (2), nothing in the order shall affect the right of any sub-tenant to whom the pre- mises or any part thereof have been lawfully sublet before the commencement of the proceedings to retain possession thereof, nor shall the order operate to give a right to possession as against such sub-tenant.

(5) Where a tenancy to which this Part applies is determined as a result of an order for possession under subsection (2), any sub-tenant to whom the premises the subject matter of tenancy, or any part thereof, has been lawfully sublet shall, subject to this Part, be deemed to become the tenant of the landlord on the same terms as he would have held from the Tenant if the tenant's tenancy had continued.

(6) A person who has obtained an order for possession of premises under subsection (2)(b) or (c) shall not, without the previous consent of the court, for a period of twenty-four months after the date of such order-

(a) let the premises or any part thereof; or

(6) assign, transfer or part with the possession of the premises or any part thereof except. in the case of an order for possession under subsection (2Xc), where the assignment, trans- fer or parting with possession is solely to facilitate the rebuilding of the premises.

(7) Where a landlord or principal tenant has obtained an order for possession of the premises under subsection (2) and it is subsequently made to appear to the court that the order was obtained by the mis- representation or concealment of material facts or where such landlord or principal tenant is shown to have acted in contravention of subsection (6), the court may order the landlord or principal teoad! (o pay to the former tenant or sub-tenant such sum as it thinks fit by way of compensation for damage or loss sustained by that tenant or sub-tenant as a result of the order.