TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 225

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Ord. No. 76/81

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

(2) Where a landlord successfully opposes the gran a new tenancy on the ground mentioned in paragraph (c) of section 119E(1), the Tribunal shall order that compensation be paid to a tenant and it may make an order imposing 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 completed

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 made under this section to be registered by memorial in the Land Office against the premises affected and the conditions 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 sub- section shall be apportioned by the Tribunal so that a sub-tenant shall be entitled to receive a portion of the compensation payable under paragraph (a) which is just and equitable having regard to the 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 prem- ises 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 on 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-

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

(AMENDMENT) (NO. 2)

(Cap. 126.)

Dismissal of application for new tenancy where landlord successfully opposes.

1954 c. 56.

s. 31.

Penalties.

examine the Commissioner or a public officer in his department nominated by the Commissioner for that purpose.

(d) For the purposes of this subsection-

"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 landlord 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 payable to the general revenue of a sum not exceeding $500,000.

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

119G. If the landlord opposes an application under section 117(1) on grounds on which he is entitled to oppose it in accordance with section 119E and, subject to section 119F, establishes any of those grounds to the satisfaction of the Tribunal, the Tribunal shall not make an order for the grant of a new tenancy.

119H. (1) Subject to subsection (2), where the landlord successfully opposes the grant of a new tenancy on the ground specified in paragraph (b) or (c) of section 119E(1), he shall not, for a period of 24 months after the decision of the Tribunal declining to make an order for the grant of a new tenancy-

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