TNAG-0874-FCO40-1084-Legislation-for-births--deaths-and-adoption-in-Hong-Kong-1979 — Page 56

A117

Amendment of section 122.

A116

Amendment of section 58.

Amendment of section 68.

Amendment of section 74.

Amendment of section 74B.

Addition of section 120A

Amendment of section 120A.

Ord. No. 39/79 LANDLORD AND TENANT (CONSOLIDATION)

(AMENDMENT)

15. Section 58(3) of the principal Ordinance is amended by deleting "3" and substituting the following-

**"*.

16. Section 68(2) of the principal Ordinance is amended by inserting after "51(4)," the following-

“51(4A),”.

17. Section 74(b) of the principal Ordinance is amended by inserting after "recorded delivery service," the following-

"or registered post,".

18. Section 74B of the principal Ordinance is amended by deleting “1979" and substituting the following-

"1982".

19. The principal Ordinance is amended in Part V by adding after the heading the following section-

"Int.rpr.tation.

120A. In this Part, unless the context otherwise requires-

"business premises" means premises which are not domestic

premises;

"domestic premises" means premises the subject of a separate letting (including any bed-space, cubicle, room, floor or portion of a floor or building) which are used wholly or primarily for human habitation:

Provided that the following shall not be deemed to be domestic premises within the meaning of this definition-

(a) any building or portion of a building which is used for habitation only by caretakers or watchmen not exceeding two in number;

(b) any building or portion of a building which is used for habitation only by office attendants or their families;

(c) any particular portion of an hotel or boarding-house which is let by the keeper of such hotel or boarding- house to a guest of such hotel or boarding-house.”,

20. The principal Ordinance is amended in section 120A-

(a) by inserting after the definition of "business premises" the

following-

“Commissioner" means the Commissioner of Rating and

Valuation;

"current rent" means the rent, exclusive of rates, payable by a tenant at the date of an application under sec- tion 124B(1);"; and

(b) by inserting after the definition of "domestic premises" the

following-

64

"fair market rent" in relation to any premises means the rent, exclusive of rates, at which they might reasonably

LANDLORD AND TENANT (CONSOLIDATION) Ord. No. 39/79

(AMENDMENT)

be expected to be let, at the date of an application under section 124B(1), on the terms of the tenancy other than those relating to rent and duration of the tenancy but disregarding the effect of sections 124A to 124C;

"landlord" includes any person, other than the Crown, who is from time to time entitled to receive rent in respect of any premises and, in relation to a particular tenant, means a person entitled to receive rent from such a tenant;

"nctice of termination" means a notice served under

section 122(1);

"premises" means the subject matter of any tenancy; "principal tenant" means a tenant of premises other than a Crown lessee, who has or shall sublet any part or parts thereof as a separate holding or holdings.".

21. Section 122 of the principal Ordinance is amended-

(a) in subsection (1)—–—

(i) by deleting the second sentence thereof and substituting the following—

"No such notice shall be valid unless-

(a)

in the case of a tenancy of business premises, the notice is served not less than 6 months on the part of the landlord, or 1 month on the part of the tenant, before the date on which it is to take effect; (b) in the case of a tenancy of domestic premises. the notice is served not less than 12 months on the part of the landlord, or 1 month on the part of the tenant, before the date on which it is to take effect."; (ii) by inserting in the third sentence thereof, after "may be served", the following-

"12 months,";

(b) in subsection (2)—

(i) by deleting ", or" and substituting the following-

"or, subject to sections 124A to 124C,”;

(ii) by deleting "6 months" and substituting the following-

"12 months or 6 months, as the case may be,";

(c) in subsection (3) by inserting, after "such notice of termination

shall", the following-

", subject to sections 124A_to_124C,”;

(d) by deleting subsection (4) and substituting the following-

"(4) When but for subsection (1) a tenancy would have terminated, the tenancy shall continue-

(a) at the same rent until a notice of termination expires

or but for an order under section 124B(2) would have expired; and