TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 215

A434

Ord. No. 76/81 LANDLORD AND TENANT (CONSOLIDATION)

(AMENDMENT) (NO. 2)

(e) by inserting the following definition in the approp

alphabetical order-

"tenement" means any building, structure or part thereof, which is held or occupied as a distinct or separate tenancy or holding or under any licence;"; and

(f) by deleting the definitions of "tribunal" and "tenancy tribunal"

and substituting the following-

66

(Cap. 17.)

Amendment of section -3.

"Tribunal" means the Lands Tribunal established under the

Lands Tribunal Ordinance.".

3. Section 3(2) of the principal Ordinance is amended by deleting "a tribunal" and substituting the following-

Amendment of section 4.

4.

"the Commissioner".

Section 4 of the principal Ordinance is amended—

(a) by deleting subsection (2) and substituting the following sub-

section-

"(2) The Tribunal may, in accordance with this section, make an order excluding any particular premises from the further application of this Part.";

(b) in subsection (3), by deleting "or (2)";

(c) in subsection (4)—

(i) by deleting "the recommendation of a tenancy tribunal for the purposes of" and substituting the following-

"an order of the Tribunal under";

(ii) by deleting "court" and substituting the following-

"Tribunal"; and

(iii) by deleting "together with a fee of $100 for the hearing of the application";

(d) in subsection (5)—

(i) by deleting "court" and substituting the following--

"Tribunal"; and

(ii) by deleting "tenancy tribunal" and substituting the follow- ing-

"Tribunal";

(e) by deleting subsection (6);

(f) by deleting subsection (7) and substituting the following sub-

section-

"(7) After hearing the parties and considering such representations as it thinks fit, the Tribunal may make an order in terms of subsection (2), either absolutely or subject to such conditions as it thinks fit (including a condition requiring payment of compensation by the landlord to any tenant).";

(g) in proviso (i) to subsection (8)(a), by deleting "published in the

Gazette" and substituting the following-

"made";

LANDLORD AND TENANT (CONSOLIDATION)

(AMENDMENT) (NO. 2)

Ord. No. 76/81

A435

h) in subsection (8)(b) —

(i) by deleting "tribunal deciding to make a recommendation" and substituting the following—

"Tribunal ordering"; and

(ii) by deleting "tribunal shall make such recommendation" and substituting the following—

"Tribunal shall made such order";

(i) by deleting subsections (9), (10), (11), (12) and (13); and

(j) in subsection (14), by deleting "a tenancy tribunal" and sub-

stituting the following-

"the Tribunal”.

5.

Section 5 of the principal Ordinance is repealed.

Repeal of

section 5.

6.

Section 6(1) of the principal Ordinance is amended in para- Amendment of graph (b) by deleting "by the Governor”.

section 6.

7.

Section 7 of the principal Ordinance is amended by deleting sub- Amendment of section (1) and substituting the following subsection-

section 7.

"(1) The Commissioner shall cause an order made under section 4 to be registered by memorial in the Land Office against the premises affected.".

8. Section 7A(5) of the principal Ordinance is amended by deleting Amendment of

"a tenancy tribunal" and substituting the following-

9.

"the Tribunal".

Section 10 of the principal Ordinance is amended-

(a) by deleting subsection (3) and substituting the following sub-

sections-

"(3) Where the landlord of any premises incurs expendi- ture of $5,000 or more on improvements to such premises, the landlord may increase the rent payable in respect of those premises by 20 per cent per annum of the amount expended on the improvements.

(3AA) Where rent is increased under subsection (3), the increase shall not take effect except in pursuance of a notice of increase in the specified form served by the landlord on the tenant, specifying the increase and the date from which it is to take effect.

(3AB) The date specified in a notice of increase under subsection (3AA) shall be not earlier than the first day when rent becomes due after the expiry of one month from the service of the notice.

(3AC) Where the landlord of any premises incurs expen- diture of $5,000 or more on improvements to such premises and those premises comprise 2 or more tenements then the amount expended shall be apportioned between the tenements and the rent payable in respect of any tenement may be

section 7A.

Amendment of section 10.