20
Restriction
on right to possession in certain
cases.
13 and 14 Geo.
5,
c. 32, s. 12.
Ordinance No. 10 of 1897.
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(ii) the application of this Ordinance to any house or part of a house shall not be excluded by reason only that part of the premises is used as a shop or office or for business, trade or professional purposes; and
(iii) this Ordinance shall not apply to the New Territories, except New Kowloon.
3.—(1) If proceedings are taken against the person who at the commencement of this Ordinance is tenant of a dwelling- house (hereinafter referred to as the sitting tenant') for the recovery of possession of the dwelling-house or for the eject- ment of the tenant therefrom, should it appear to the court that the proceedings are harsh or oppressive or that exceptional hardship would be caused to the sitting tenant by the making or giving of an order or judgment for possession or ejectment, the court may refuse to make or give such an order or judgment or may adjourn the application for or stay or suspend execution of any such order or judgment or postpone the date of posses- sion for such period or periods, and subject to such conditions as it thinks proper, and, if such conditions are complied with, the court may, if it thinks fit, discharge or rescind any such order or judgment.
(2) For the purpose of the exercise of its jurisdiction under this section, the court may direct that the tenancy of the sitting tenant shall be treated as a subsisting tenancy notwithstanding the determination of the same by any notice to quit or similar notice or otherwise and may set aside and annul any such notice accordingly, and shall have power to determine what increase of rent (if any) is fair and reasonable, regard being had to the character and condition of the dwelling-house and the rents of similar dwelling-houses in the locality,
(3) The court shall not exercise any of the powers given to it under sub-section (1) or (2) in any case where it is satisfied that greater hardship would be caused to the landlord by the exercise of the power than would be caused to the tenant by the refusal to exercise it.
(4) In any such proceedings an order or judgment for possession or ejectment against the sitting tenant of the dwelling-house shall not, unless the court otherwise directs, be operative against a sitting tenant of a part of the dwelling- house which, at the commencement of this Ordinance, is lawfully sub-let to him and is a separate dwelling-house, and the court shall, in relation to that part of the dwelling-house and the sitting tenant thereof, have all the like powers and jurisdiction as it has in relation to the whole dwelling-house and the sitting tenant thereof.
(5) In order to assist the court in the determination of questions arising under this Ordinance in relation to the rent, character or condition of dwelling-houses, the Governor may establish reference committees to whom such questions may be referred by the court for consideration and report.
(6) The foregoing provisions of this section shall not apply to proceedings against a sitting tenant under the Small Tenements Recovery Ordinance, 1897, and any such pro- ceedings shall, on the application of the sitting tenant, be discontinued.
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3
as to
4. (1) The constitution and procedure of reference Regulations committees established under this Ordinance shall be such as reference may be prescribed by regulations made by the Governor in committees. Council.
(2) In addition to any questions that may be referred to a reference committee by the court under this Ordinance and subject to any regulations made under this section, a reference committee may consider and determine any questions in relation to the rent payable or to be paid by a sitting tenant which may be submitted to it by the tenant and land- lord.
(3) An appeal shall lie from the decision of a reference committee on any question submitted to it by the tenant or the landlord under sub-section (2). Such appeal shall be made in a summary manner to a judge in chambers within one
month from the date of the decision.
13 and 14 Geo. 5,
c. 32, s. 15.
5. The Chief Justice may make such rules and give such Rules as to directions as he thinks fit for the purpose of giving full effect procedure. to the provisions of this Ordinance relative
to legal Geo. 5, proceedings.
13 and 14
c. 32, s. 16.
of this
6. This Ordinance shall continue in force until the first Duration day of June, 1989, and no longer, unless otherwise provided Ordinance. by Ordinance.
Passed the Legislative Council of Hong Kong, this 1st day of June, 1938.
T. MEGARRY,
Clerk Councils.
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