TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 220

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

(AMENDMENT) (NO. 2)

(b) the rebuilding is in the public interest; or

(c) the expenditure required to restore or repair me premises would not be economically reasonable, and, where the approval or authority of any person is required in respect of the rebuilding, the Tribunal may—

(i) state that it is satisfied as mentioned in paragraph (c) of section 53(2) and this subsection, if that be the case;

(ii) postpone the hearing of the application to enable the landlord or principal tenant to apply for that approval or authority; and

(iii) if that approval or authority is obtained, but not otherwise, make an order for possession of the premises.

(2) Where the Tribunal grants an order for possession on the grounds mentioned in paragraph (c) of section 53(2), it shall order that compensation be paid to a tenant and it may impose any other reasonable condition on the landlord in relation to his intention to rebuild the premises; and, in particular, may require-

(a) that plans of the new building showing the number and size of any dwellings to be erected be lodged with the Tribunal and that the new building be erected to provide that number of dwellings; and (b) that the new building be commenced and com-

pleted on the dates ordered:

Provided that the Tribunal may, for good cause, vary any order made under this subsection, except in relation to compensation.

(3) The Commissioner shall cause an order of the Tribunal under this section to be registered by memorial in the Land Office against the premises affected and the condi- tions imposed under subsection (2) shall be binding on and enforceable against any successors in title to the landlord. (4) (a) Compensation ordered by the Tribunal under subsection (2) shall be that which is reasonable in all the circumstances, but shall not be less than— (i) an amount equal to the rateable value of the premises where the tenancy has subsisted for a period of not less than 2 years and not more than 3 years;

(ii) an amount equal to one and a half times the rateable value of the premises where the tenancy has subsisted for a period of more than 3 years but not more than 5 years; and

(iii) an amount equal to twice the rateable value of the premises where the tenancy has subsisted for a period of more than 5 years.

(b) Where a tenant has sublet premises or any part of premises, the compensation payable under this subsection shall be apportioned by the Tribunal so that a sub-tenant shall be entitled to receive a portion of the compensation payable under para-

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

(Cap. 126.)

Ord. No. 76/81

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graph (a) which is just and equitable having regard to relationship between the part of the premises occupied by the sub-tenant and the whole of the premises and the period of occupation of the premises or part of the premises by the sub-tenant. (c) Where it appears that premises or any part of premises is sublet, the Tribunal may call upon the Commissioner for a certificate as to which part of the premises is occupied by a sub-tenant and such a certificate purporting to be signed by or behalf of the Commissioner shall be admissible in evidence for the purposes of paragraph (b) upon its mere production without further proof, subject to the right of any party, including any sub-tenant, to cross-examine the Commissioner or a public officer in his department nominated by the Com- missioner for that purpose.

(d) For the purposes of this subsection-

on

"premises" means the subject matter of a tenancy;

and

"rateable value" has the meaning given to that

phrase by section 50(10).

(e) The methods of calculating the amounts mentioned in sub-paragraphs (i), (ii) and (iii) of paragraph (a) may be amended by resolution of the Legislative Council.

(5) (a) Where there is a breach of a condition imposed under paragraph (a) of subsection (2) which results in fewer dwellings or less accommodation being erected than appeared in the plans lodged, the Tribunal may, on the application of the Commis- sioner, impose a penalty of a sum not exceeding what would have been the market value, at the time of the imposition, of the building if it had been erected in accordance with the plans. (b) Where there is a breach of a condition imposed under paragraph (b) of subsection (2), the Tribunal may, on the application of the Commissioner,-

(i) where the applicant for an order for posses- sion holds the premises under a Crown lease or other tenancy from the Crown, decree such breach to be a breach of covenant in the Crown lease or of a condition or stipulation in the tenancy and a right of re-entry under the Crown Rights (Re-entry and Vesting Remedies) Ordinance shall accrue to the Crown; or

(ii) in any case, impose a penalty not exceeding the market value of the premises at the time of the imposition of the penalty.

(c) Where there is a breach of any other condition imposed under subsection (2), the Tribunal may, on the application of the Commissioner, impose a penalty of a sum not exceeding $500,000.

(6) In this section, "dwelling" has the meaning given to that phrase by section 50C(1).”.