TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 219

A442

Ord. No. 76/81

LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)

(6) Where a tenant has, without breach of the contra tenancy, sublet the whole or any part of the premises, Tribunal shall not make any order for possession under sub- section (2) against the sub-tenant unless---

(a) the Tribunal makes the order on the ground men- tioned in paragraph (b) or (c) of subsection (2); or (b) the Tribunal is satisfied that, if the application had been by the tenant for an order for possession against the sub-tenant, the tenant would have been entitled to such an order.

(6A) Where the Tribunal makes an order for possession against the tenant but does not make an order for possession against a sub-tenant to whom the premises or any part has been sublet, the sub-tenant shall become the tenant of the landlord on the same terms, subject to this Part, as the sub- tenant held from the principal tenant:

Provided that, where a part only of the premises would remain in the possession of a sub-tenant or sub-tenants if an order were made under this subsection, the Tribunal, on the application of the landlord, shall, either, order the sub-tenant or the sub-tenants jointly to accept a tenancy of the whole premises on the same terms, subject to this Part, as the principal tenant held from the landlord or make an order for possession of the whole premises.";

(g) in subsection (7)—

(i) by deleting "A" at the beginning of the subsection and substituting the following-

"Subject to subsection (7A), a”; and

(ii) by deleting ", without the previous consent of the court,"; (h) by deleting subsection (7A) and substituting the following sub-

section--

"(7A) (a) Where an applicant has obtained an order for

possession under subsection (2)(b) or (c)—–

(i) the Tribunal may authorize him to let, assign, transfer or part with possession of the premises or any part thereof; and

(ii) the Commissioner may authorize him to let the premises or any part thereof for a particular purpose and for a term not exceeding 1 year.

(b) The Tribunal or Commissioner, when granting an authority under paragraph (a) to let, shall specify the terms, including the rent, on which the premises or the part may be let:

Provided that the rent shall not be more than that payable by the tenant or sub-tenant last in possession.";

(i) in subsection (7B)(a), by deleting "consent of the court" and

substituting the following-

"authority of the Tribunal or the Commissioner"; and

(j) by inserting, immediately after subsection (7D), the following

subsections--

LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)

Ord. No. 76/81

A443

"(7E) A letting, assignment, transfer or parting with pos- session of premises or any part thereof shall not be void, voidable or unenforceable by reason only of a contravention of subsection (7).

(7F) Where, in an application for possession of premises under subsection (2), the applicant alleges a ground mentioned in paragraph (b) or (c) of subsection (2) and—

(a) an order for posssession is granted with the con-

sent of the tenant or sub-tenant; or

(b) the application does not proceed and the tenant or sub-tenant consents to deliver up vacant posses- sion of the premises,

the applicant shall be deemed, for the purposes of subsections (7), (7G) and (8), to have obtained an order for possession under paragraph (b) or (c) of subsection (2); and, in a case mentioned in paragraph (b) of this subsection and for the purposes of fixing the commencement of the period mentioned in subsection (7), the date of the order shall be deemed to be the date upon which the application for possession is issued from the Tribunal.

(7G) Any applicant who has obtained an order for possession under paragraph (b) or (c) of subsection (2) shall be presumed, until the contrary is shown, to have knowledge of that order, of the application for possession, of the grounds alleged upon which the order was obtained, of the outcome of the application and of any consent given by the tenant or sub-tenant in connexion with the order or the delivery of vacant possession.".

(k) in subsection (8), by deleting "court" from the two places where

it appears and substituting the following-

"Tribunal"; and

(1) by inserting, after subsection (8), the following subsection-

"(9) Where a tenant or sub-tenant successfully opposes an order for possession of the premises under subsection (2) and it is subsequently made to appear to the Tribunal that the opposition was successful by reason of the misrepresenta- tion or concealment of material facts, the Tribunal may order the tenant or sub-tenant to pay to the landlord or principal tenant such sum as it thinks fit by way of compensation for damage or loss sustained by the landlord or principal tenant as a result of that opposition.".

37. The principal Ordinance is amended by adding, immediately after Addition of section 53, the following section-

"Restriction

on order for possession for rebuilding.

53A. (1) The Tribunal shall not make an order for possession of premises on the ground mentioned in para- graph (c) of section 53(2) unless, in addition, it is satisfied that

(a) the rebuilding will result in an increase in the number of dwellings or in accommodation for domestic use or in accommodation for other than domestic use; and, if for other than domestic use, the site of the premises is suitable for the intended use; or

new section 53A.