A136
Ord. No. 32/85
Amendment of section 66.
Amendment of section 74B.
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT)
17. Section 66(1) of the principal Ordinance is amended by deleting "has been sublet whether before or after 18 December 1979" and substituting the following—
"is sublet".
18. Section 74B of the principal Ordinance is amended—
(a) by renumbering it as subsection (1);
(b) by deleting "1985" and substituting the following—
"1987"; and
(c) by inserting the following subsection--
"(2) The Legislative Council may by resolution amend subsection (1) by substituting for the date specified therein such date as may be specified in the resolution.".
Amendment of section 116.
19.
Section 116 of the principal Ordinance is amended—
(a)
Amendment of section 119F.
Amendment of section 119H.
Amendment of
section 119P.
Amendment of section 124B.
in subsection (4) by deleting “, upon payment by the parties of such fee as may be determined by the Financial Secretary,"; and
(b) by inserting after subsection (4) the following-
"(4A) An application to the Commissioner for his endorsement under subsection (4) shall be accompanied by such fee as may be determined by the Financial Secretary.".
20. Section 119F(2)(b) of the principal Ordinance is amended by deleting "new building be commenced and completed" and substituting the following
"rebuilding work (including any demolition that is required) be commenced, and the new building be ready for occupation,”.
21. Section 119H of the principal Ordinance is amended—
(a) in subsection (2)(a) by inserting after "the Commissioner may" the
following-
>
on an application accompanied by such fee as the Financial Secre- tary may determine,";
(b) in subsection (7)—–—
(i) by inserting after "opposition to an application for a new tenancy" the following-
"under section 117"; and
(ii) by deleting "of the notice under section 119(1) or 119A(3), as the case may be" and substituting the following—
"on which the landlord filed with the Tribunal his opposition to the grant of a new tenancy"; and
(c) in subsection (9), by inserting after “Tribunal" in the second place where it
occurs, the following-
"or, as the case may be, the court referred to in subsection (4)”.
22. Section 119P(5) of the principal Ordinance is amended by deleting "119E"
in both places where it occurs and substituting the following—
"119E(1)".
23. Section 124B(3) of the principal Ordinance is amended—
(a) in paragraph (b) at the end by deleting "or";
(b) in paragraph (c) by deleting the full stop and substituting the following—
"; or"; and
A
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT)
Ord. No. 32/85
A137
(c) by inserting after paragraph (c) the following-
"(d) the landlord intends to rebuild the premises.".
24. Section 127A of the principal Ordinance is amended by deleting "section Amendment of 124A, 124B or 124C" and substituting the following-
"this Part".
section 127A.
25. The principal Ordinance is amended in Part VII by adding before section Addition of new 137 the following-
"Remission and refund of fees.
136A. All fees payable to the Commissioner of Rating and Valuation under this Ördinance are due at the time the application or submission to which the fee relates is made to him, but where in any particular case the Commissioner is of the opinion that a fee payable ought to be wholly or partly remitted or, having been paid, ought to be refunded, he may so direct.".
section 136A.
26. The principal Ordinance is amended by deleting the Fourth Schedule and Replacement of replacing it with the following—
Sum sued for
Under $5,000.00
$5,000.00 or above but
under $20,000.00 $20,000.00 or above
"FOURTH SCHEDULE
Fees to be levied in distraints for rent
Fee for every affidavit, warrant to distrain. notice or other document
Commission on sum realized
[s. 80.]
$ 50.00
$100.00 $200.00
$10.00 for every $100.00 or part thereof.
1. This scale does not include auctioneer's commission and expenses but includes all other expenses, except in actions where the tenant disputes the landlord's claim and witnesses have to be subpoenaed, in which case an additional fee for each subpoena is payable at $20.00.
2. Where watchmen are kept in charge of property distrained, a fee of $175.00 per day or part thereof is payable for each watchman.
3.
Where property is removed and stored, the necessary expenses are payable
as fixed by the Registrar.
4.
Expenses for conveyance or transportation shall be payable as fixed by the
Registrar.".
27. The Lands Tribunal Ordinance is amended--
Fourth Schedule.
Amendment of Lands Tribunal
(a) in section 8(7) by deleting all that occurs after "notice to quit given" and Ordinance.
substituting the following—
(Cap. 17.)
"by the landlord to the tenant, the tenant to the landlord, the principal tenant to the sub-tenant or the sub-tenant to the principal tenant."; and (b) by adding after section 8 the following-
"Transfer of
proceedings to the High Court or the District Court.
8A. (1) The Tribunal may transfer to the High Court or the District Court any proceedings instituted before the Tribunal which are within the jurisdiction of the High Court or the District Court, but which-
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