1973-HKRS28-16-21_Part05 — Page 32

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certificate apply to the Commissioner by notice in duplicate in the specified form for a review of the certificate.

(2) On receipt of an application under sub- section (1) and on payment by the applicant to the Commissioner of the sum of fifty dollars, the Com- missioner shall appoint a tribunal consisting of three members of the Panel to review the certificate referred to in the application and shall send a copy of the application to the landlord or to the tenant, as the case may be.

(3) At any time before the determination of a review, the applicant may withdraw his application for a review by notice in writing addressed to the Commissioner.

(4) Where an application for a review is with- drawn under subsection (3) before the appointment of a tribunal under subsection (2), the Commissioner may repay to the applicant the sum of fifty dollars paid by him under that subsection.

(5) Where the Commissioner has appointed a tribunal under subsection (2), be shall immediately serve on the landlord and on the tenant a notice in the specified form informing them that a tribunal has been appointed and inviting them to submit to him within fourteen days of service of the notice any written representation they wish to have con- sidered by the tribunal.

(6) Not less than fourteen days from the date of service of a notice under subsection (5), the Commis- sioner shall refer the application made under sub- section (1) to the tribunal and shall place before the tribunal any written representation submitted to him pursuant to subsection (5).

(7) The tribunal shall, after considering any written representations placed before it under sub- section (6), review the certificate and may-

(a) in the case of a certificate issued under section 58(1)(a), confirm, vary or set aside the increase shown in the certificate; or (b) in the case of a certificate issued under section 58(1)(b), confirm that certificate or,

Appeal,

Notices of increases.

if satisfied that the fair market rent exceeds the current rent. determine in accordance with section 38(2) the amount by which the rent may be increased,

and make such other order as it thinks proper.

(8) The tribunal shall immediately notify the Commissioner of its decision on a review of a certi- ficate and the Commissioner shall thereupon issue free of charge and serve on the landlord and on the tenant certificates in the specified form stating the decision of the tribunal, and shall endorse on such certificates a statement that they are in substitution for the certificate the subject of the review.

60. (1) A landlord or tenant aggrieved by a decision of the tribunal under section 59(7) may, within one month of the service on him of the cer- tificate under section 59(8), appeal to the court against such decision.

(2) Where a landlord appeals under subsection (1), the tenant shall be made the respondent in the appeal and where a tenant so appeals the landlord shall be made the respondent in the appeal.

(3) On the bearing of an appeal under subsec- tion (1) the court may-

(a)

where the decision of the tribunal relates to a certificate under section 59(8) which specifies an increase in the rent, confirm, vary or set aside such increase:

(b) where the decision of the tribunal relates to a certificate under section 59(8) which does not specify an increase, confirm that decision or, if satisfied that the fair market rent exceeds the current rent, determine in accordance with section 58(2) the amount by which the current rent may be increased, and may make such other order as it thinks proper.

61. (1) An increase in rent specified in a certificate issued under section 58(1)(a) or 59(8), of determined by the court under section 60, shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the