CO129-572-10 Rent Commission 14-3-1938 - 7-6-1938 — Page 46

ENCLOSURE NO.1.

A BILL

INTITULED

[No. 7-31.5.38.-2.]

An Ordinance to prevent unreasonable eviction of tenants,

and to make provision as to the rent and recovery of possession of premises in certain cases, and for purposes in connexion therewith.

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

1. This Ordinance may be cited as the Prevention of Short title. Eviction Ordinance, 1938.

2. (1) In this Ordinance-

(a) “landlord" and "tenant" include any person from time to time deriving title under the original landlord or

tenant;

Application and inter-

pretation. 10 and 11

Geo. 5, c. 17, s. 12 (1)

(f), (g)

(b) “landlord' also includes in relation to any dwelling- house any person, other than the tenant, who is or would and (2). but for this Ordinance be entitled to possession of the dwelling-house;

(c) "let" includes sub-let;

(d) “tenant" and "tenancy" include sub-tenant and sub-tenancy;

(e) "tenant" includes the widow of a tenant dying intestate who was residing with him at the time of his death, or, where a tenant dying intestate leaves no widow or is a woman, such member of the tenant's family so residing as aforesaid as may be decided in default of agreement by the

court.

(2) This Ordinance shall apply to a house or a part of a house, including a bed-space, let as a separate dwelling:

Provided that--

(i) this Ordinance shall not apply to a dwelling-house bona fide let at a rent which includes payments in respect of board, attendance or use of furniture;

(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.

52