CO129-469 - Governor Sir Stubbs - 1921 [9-12] — Page 512

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

C.S.O. 1 in 2576/19.

A BILL

INTITULED

[No. 26-19.10.21.-2.]

An Ordinance to amend the Rents Ordinance,

1921.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinauce may be cited as the Rents Amend- Short title ment Ordinance, 1921, and shall be read and construed and

as one with the Rents Ordinance, 1921, hereinafter construction. called the principal Ordinance, and the said Ordinance Ordinance and this Ordinance may be cited together as the Rents No. 13 of Ordinances, 1921.

1927.

2. Paragraph (f) of sub-section (1) of section 4 of the Amendment principal Ordinance is amended by the addition at the of Ordinance end thereof of the words " stating in writing whether No. 13 of he intends to pull down or to reconstruct such domestic (1).

1921, a. (1) tenement, and in the latter case stating the exact nature

of the reconstruction intended ", provided that this amendment shall not affect any notice to quit which shall have been given before the twenty-second day of October, 1921.

3. Sub-section (I) of section 6 of the principal Ordi- Amendment nauco is amended by the insertion of the words "in of Ordinance any civil proceeding" between the word "If" and the No. 1 of word "any" in the first line thereof.

1921, B. 6 (1).

4.-(1) Nothing contained in the principal Ordinance Transfer of shall be deemed to affect the power of transferring actions to the actions from the summary jurisdiction of the Supreme original Court to the original jurisdiction of the Supreme Court jurisdiction conferred by section 28 of the Supreme Court (Suminary Supromo Jurisdiction) Ordinance, 1873.

of the

Court.

Ordinance No. 4 of

(2.) Subject to the provisions of sub-section (3) of this section, if any action, to which any of the provisions 1873 of the principal Ordinance would have applied if such action had not been transferred to the original juris- diction of the Supreme Court, is transferred to the original jurisdiction of the Supreme Court, the pro- visions of the principal Ordinance shall apply, in the further proceedings in such action, as if there were substituted for the teria "court" in the principal Ordinance the term "Supreme Court in its original jurisdiction", except () in paragraph (a) of section 2 of the principal Ordinance, and (3) where the word "court"

forms part of the term "fall court".

(3.) The special provisions of the principal Ordinance relating to appeals shall not apply to any action which is transferred from the summary jurisdiction of the Supreme Court to the original jurisdiction of the Supreme Court.

(1) This section shall apply to actions instituted before the commencement of this Ordinance as well as to actions instituted after such commencement.

6) Every person who, without lawful excuse, Distress for applies for a warrant of distress for any amount of rent rent made in excess of the rent recoverable in accordance with the irrecoverable provisions of the principal Ordinance, and every person Ordinance.

by principal who, without lawful excuse, under threat of applying and deman for or executing a warrant of distress, demands any made under amount of rent in excess of the rent recoverable in threat of such aécordance with the provisions of the principal Ordi- rance, shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars,

distress.

503

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