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Amendment of section 53.
Ord. No. 6/80 LANDLORD AND TENANT (CONSOLIDATION)
(AMENDMENT)
5.
Section 53 of the principal Ordinance is amended-- (a) by deleting subsection (2)(b) and substituting the following
"(b) the premises are reasonably required by the landlord or principal tenant for occupation as a residence for himself, his father, his mother or any son or daughter of his over the age of 18:
Provided that the court shall not make an order by reason only that the circumstances of the case fall within this paragraph if-
(i) in the case of a tenancy, the tenant satisfies the court that in all the circumstances of the case it would manifestly not be just and equitable to do so;
(ii) in the case of a sub-tenancy, the court is satisfied having regard to all the circumstances of the case, includ- ing the question whether other accommodation is avail- able for the principal tenant or the sub-tenant, greater hardship would be caused by granting the order than by refusing it;";
(b) in subsection (2)(d) by deleting "or" where it occurs after the
semicolon;
(c) by deleting subsection (2)(e) and substituting the following-
"(e) the tenant-
(i) in the case of a tenancy to which this Part applied immediately prior to 18 December 1979, has at any time after 14 December 1973; and
(ii) in any other case, has at any time after 18 December 1979,
without the consent in writing of the landlord sublet the whole or any part of the premises of which he is the tenant; or
(f) the tenant or sub-tenant has used, or has suffered or permitted the use of, the premises of which he is the tenant or sub-tenant or any part thereof, for an immoral or illegal purpose.”; and
(d) by inserting after subsection (7) the following-
"(7A) Where the court gives its consent under subsec- tion (7) for premises, or a part of premises, to be let it may specify the terms, including the rent, at which they may be let:
Provided that if the rent is specified by the court it shall be of an amount not less than that paid by the former tenant or sub-tenant.
(7B) Without prejudice to subsection (8), a person who contravenes subsection (7) commits an offence and is liable on conviction on indictment to a fine of $500,000 and in addi- tion, on a second or subsequent conviction, to imprisonment for 12 months, and in any case to forfeit a sum not exceeding the equivalent of-
(a) in the case of a contravention of subsection (7)(a),
2 years' rent calculated at the rate at which the premises were let without the consent of the court;
or
LANDLORD AND TENANT (CONSOLIDATION)
(AMENDMENT)
(Cap. 227.)
6.
Ord. No. 6/80
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(b) in the case of a contravention of subsection (7)(b), the difference at the date of the contravention between the market value of the premises with vacant possession and the market value of the premises with the former tenant or sub-tenant in possession.
(7C) Any court which sentences a person for an offence under subsection (7B) may, in addition to imposing a penalty under that subsection, make an order under subsection (8) after hearing the former tenant or sub-tenant and the defendant.
(7D) Notwithstanding anything in the Magistrates Ordin- ance, proceedings for an offence under subsection (7B), may be brought at any time within 2 years next after the commis- sion of the offence or within 6 months after the discovery thereof by the prosecutor, whichever period expires first.".
Section 54(1) of the principal Ordinance is amended by deleting Amendment of "on or after the 15th December 1973" and substituting the following section 54.
"after the commencement of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980".
7.
Section 55 of the principal Ordinance is amended—
(a) in subsection (1) by deleting "after the 14th December 1973" and
substituting the following-
"after the commencement of the Landlord and Tenant (Con- solidation) (Amendment) Ordinance 1980";
(b) by inserting after subsection (1) the following-
"(1A) A notice under subsection (1) shall not be valid unless-
(a) it is signed by the tenant not earlier than 1 month before the date on which it is lodged with the Commissioner; and
(b) the increase in rent to which it relates is to take effect within 1 month of the date on which the notice is so lodged."; and
(c) by deleting subsection (5) and substituting the following-
"(5) Where, on 18 December 1979, a tenant was in posses- sion of premises under a tenancy agreement which provided for the rent payable by the tenant to be varied during the term of the tenancy by reference to fixed and ascertained periods of time, any increase in rent pursuant to that tenancy agreement shall take effect as if this section had not been enacted, save that where the increase takes effect on after 18 December 1979 the security of tenure afforded to a tenant by section 52(4)(a) shall extend to such tenancy as if the rent had been increased under this Part.”.
8.
or
Amendment of section 55.
Section 55A(6) is amended by deleting paragraph (a) and sub- Amendment of stituting the following-
section 55A.
“(a)
(i) in the case of a tenancy of premises to which this Part applied prior to 18 December 1979, expenditure incurred prior to 9 July 1976;
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