2
3
Amendment of section 101.
6.
Section 101 of the principal Ordinance is amended-
(a) in subsection (1)—
(i) by deleting "Where any immovable" and all the words following thereafter up to and including "if the tenant is" and substituting the following.
"If a tenant of premises with a rateable value not exceeding $30,000 at the time of an application for a warrant under this section is"; and (ii) by deleting "at the request" and substituting the following-
"on the application"; and
(b) by inserting after subsection (2) the following—
Amendment of
7.
section 128.
Addition of new section 128A.
"(3) The Legislative Council may by resolution amend the sum mentioned in subsection (1).".
Section 128 of the principal Ordinance is amended--
દ્ર
(a) by inserting after the definition of "agent" the following definition—
(Cap. 116.)
* "Collector of Rates" has the meaning assigned to it in section 2 of the
Rating Ordinance;"; and
(b) by inserting after the definition of "premises" the following definition—
"rateable value" means-
(Cap. 116.)
แ
(a) in the case of premises being a tenement included in a valuation list maintained by the Collector of Rates under section 14A of the Rating Ordinance, the rateable value shown in that list; or
(b) in any other case, the rateable value certified under section
128A;".
8. The principal Ordinance is amended by adding after section 128 the following-
"Certificate as to rateable value.
(Cap. 116.)
Amendment of section 129.
9.
128A. For the purposes of ascertaining the rateable value of any premises in connexion with any proceedings under section 129 or 132 a certificate purporting to be under the hand of an officer of the Rating and Valuation Department not below the rank of Rent Officer showing in respect of any particular day—
(a) in the case of premises being a tenement included in a valuation list maintained by the Collector of Rates under section 14A of the Rating Ordinance, the rateable value shown in that list; or
(b) in any other case, whether or not the rateable value of those premises exceeds the sum mentioned in section 129 or 132, as the case may be.
shall be admissible in any proceedings on its production and without further proof and shall be prima facie evidence of the facts stated therein.".
Section 129 of the principal Ordinance is amended-
(a) by deleting "either without being liable to the payment of any rent or at a rent not exceeding the rate of $75 a month or $900 a year” and substituting the following-
"with a rateable value at the time of an application by an owner under this section not exceeding $30.000";
(b) by deleting ", where an action has been commenced for the recovery of
possession of the premises,"; and
(c) by deleting "a summons" and substituting the following-
"an originating summons".
10. Section 130 of the principal Ordinance is amended--- (a) by deleting "A summons" and substituting the following-
"An originating summons"; and
(b) by deleting "the summons" wherever it occurs and substituting the
following-
"the originating summons".
11. Section 131 of the principal Ordinance is amended- (a) by deleting "a summons" and substituting the following-
"an originating summons"; and
(b) by deleting "the summons" and substituting the following-
"the originating summons".
Amendment of section 130.
Amendment of section 131.
section 132.
12. Section 132 of the principal Ordinance is amended by deleting "not Amendment of exceeding in value $75 a month or $900 a year" and substituting the following-
"the rateable value of which at the time of any demand made under this section does not exceed $30,000".
13. The principal Ordinance is amended by adding after section 132 the Addition of new following
"Amendment of sections 129 and
132 by Legislative Council.
132A. The Legislative Council may by resolution amend the sums mentioned in sections 129 and 132.".
14. Section 136A of the principal Ordinance is amended- (a) by being renumbered as subsection (1) thereof; and
(b) by inserting after subsection (1) the following—
"(2) Any public officer or class of public officer employed in the Rating and Valuation Department and authorized in writing in that behalf by the Commissioner may exercise the powers of the Commis- sioner conferred on him by this section.".
section 132A,
Amendment of
section 136A.
15. (1) Section 2 shall not apply in respect of any notice served under section Transitional. 10(1A) of the principal Ordinance before 1 August 1986.
(2) Section 3 shall not apply in respect of any application under section 57 of the principal Ordinance received by the Commissioner before 19 December 1986.
(3) Section 6 shall not apply in respect of any request for a warrant under section 101 of the principal Ordinance before 1 August 1986.
(4) Sections 9, 10 and 11 shall not apply to an application by or on behalf of an owner under section 129 of the principal Ordinance made before 1 August 1986,
(5) Section 12 shall not apply to an application by or on behalf of an owner under section 132 of the principal Ordinance made before 1 August 1986.
Explanatory Memorandum
This Bill amends the principal Ordinance as a result of the continuing review
of its operation. Increase of rent
2. Clause 2 increases the rent payable under Part I of the Ordinance to 30 times the standard rent.
3. Clause 3 increases the level to which rents may, in certain cases in Part II of the Ordinance and in accordance with the formula in section 58(2), be increased.
No comments yet.
Private notes are available after approval.