1973-HKRS28-16-21_Part05 — Page 31

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Certificates

of increase in reat.

(3) Where the Commissioner is of the opinion that, having regard to section 64, no increase in rent is due, or such increase in rent is not due within a period of six months from the date of receipt of the application under subsection (1), he may decline to deal with such application or defer dealing with such application until it appears to him that the increase in rent is due within a period of six months.

(4) Subject to subsection (3), upon receipt of an application under subsection (1) the Commissioner shull serve a copy thereof on the tenant.

(5) Within fourteen days of service on him under subsection (4) of a copy of the landlord's application the tenant may send his representations thereon in writing to the Commissioner.

(6) Where the Commissioner receives represent- ations from a tenant under subsection (5) which indicate that the tenant disputes any fact set oul in the application of the landlord, he shall determine the facts in dispute and shall then deal with the application in accordance with section $8.

58. (1) Where a landlord applies for a certifi- cate under section 57, the Commissioner, on receipt of the representations of the tenant under section 57(5) or after one month from the receipt of the application whichever is the sooner, shall-

(a) if satisfied that the fair market rent exceeds the current rent paid by the tenant, issue free of charge and serve on the landlord and on the tenant certificates in the specified form stating the amount, as ascertained in accordance with subsection (2), by which the current rent may be increased; or

(b) if not satisfied that the fair market rent exceeds the current rent paid by the tenant. issue free of charge and serve on the land- lord and on the tenant certificates in the specified form to that effect.

and he may endorse on the certificates such matters as he thinks proper relating to such application, which, in the case of a dispute as to facts, shall include the Commissioner's determination thereof under section 57(6).

CLA of 1973. 1

(1) at 1973.J

Review.

(2) The amount by which the rent may be increased shall be such sum as shall be ascertained after dividing the amount by which the fair market rent exceeds the current reat by the appropriate factor:

Provided that, where the rateable value of the premises the subject matter of the tenancy does not exceed thirty thousand dollars, the amount by which the rent may be increased shall not exceed an amount equivalent to twenty-one per cenr of the current rent.

(3) For the purposes of subsection (2), the appropriate factor shall be five or such other figure as the Legislative Council may by resolution deter- mine.

(4) Where a certificate has been issued under subsection (1)}{b) in relation to any premises, no further application under section 57 in respect of those premises shall be made by the person to whom the certificate has been issued before the expiration of one year from the date of service of the certificate.

(5) The rateable value of any premises shall be ascertained for the purposes of the proviso to sub- section (2) as follows-

(a) if the premises are a tenement which is in- cluded in the valuation list declared on the 9th day of March 1973, or subsequently included in that list following an interim valuation, the rateable value shall be that included in the list in respect of such Lenement;

(b) if the premises are not such a tenement, the rateable value shall be determined by the Commissioner in accordance with section 7 of the Rating Ordinance 1973 and the decision of the Commissioner shall be final.

(6) In subsection (5). "interim valuation”, "tenement" and "valuation_list" have the meanings assigned to them in the Rating Ordinance 1973.

59. (1) Where the Commissioner issues a certi- ficate under section 58. the landlord or the tenant may within fourteen days of service on him of the