582163-1940-Ordinances-passed-and-assented-to--Tra — Page 14

THE HONG KONG GOVERNMENT GAZETTE, JUNE 21, 1940. 903

(2) Any such application shall be made to the Assessor on a form of certificate obtainable at the Treasury on payment of a fee of $5.00, or such other sum as the Governor in Council may prescribe as a fee for such certificate, and such certificate shall be completed by the Assessor and returned to the applicant or his representative within 14 days.

(3) In relation to any proceedings under this Ordinance a certificate of the Assessor given under this section shall be prima facie evidence of what is a fair and reasonable rent in respect of the tenement.

on demand

4. As from 31st March, 1940, no landlord shall demand Restriction any increase of rent from his tenant in respect of a tenement for rent which is in excess of the rent of the tenements as certified increases. by the Assessor under the provisions of Section 3 of this Ordinance, or as adjudged by the Court under Section 6 of this Ordinance.

5. Notwithstanding any agreement to the contrary, Restriction whether made before or after the commencement of this Ordinance, and whether oral or in writing--

(1) No rent which has been raised since the 31st day of March, 1940, shall be recoverable in respect of any tenement from the tenant in excess of the rent permitted under Section 4, or as adjudged by the Court under Section 6.

(2) Any rent which has been raised since the 31st day of March, 1940, paid by a tenant in excess of the rent per- nitted by Section 4 or adjudged by the Court under Section 6 shall be deemed to be a debt due by the landlord or his legal representatives to the tenant or his legal representatives, and shall be recoverable from the landlord or his legal repre- sentatives within a period of six years.

on recovery

of rent increases. ct. Ord.

No. 14 s. 3 (1).

of 1922,

Power of

Summary Court to

questions

Chambers.

6. Where a notice of increase of rent in respect of any tenement has been given by a landlord, such landlord and the tenant. notwithstanding anything contained in the Supreme determine Court (Summary Jurisdiction) Ordinance, 1873, may apply in relating to a summary way to a judge in Chambers in the Summary rent in Jurisdiction to decide whether the proposed increase of rent cf. Ord. is fair and reasonable, and on such application the judge may No. 44 give such directions in the matter as he thinks proper. The of 1939 s. 4. decision of a judge under this section shall be final as between the landlord and the tenant.

to be de-

manded for the grant

7.-(1) No person shall, as a condition or pretended Money not condition of the grant renewal or continuance by himself or by any other person of a tenancy of any tenement, demand payment of any sum of money whatsoever in addition to the rent.

renewal or continuance of tenancies.

10 & 11 Geo.

5, c. 17, s. 8.

No. 14 of 1922, s. 16.

(2) Every person demanding any payment in contraven- ef. Ord. tion of this section shall upon summary conviction be liable to a line not exceeding one thousand dollars, and the magis- trate by whom such person is convicted may order the amount to be repaid to the person by whom the same was paid.