592319-1939-Ordinances-passed-and-assented-to---Dangerous-Drugs-Amendment--No-3-of-1939-Government-House-and-City-Development-Fund-Winding-Up--No-4-of-1939-Prevention-of-Eviction-Amendment--No-5-of-1939-Evidence-Amendm — Page 4

THE HONG KONG GOVERNMENT GAZETTE, MARCH 24, 1939.

HONG KONG.

No. 5 of 1939.

I assent.

L.S.

G. A. S. NORTHCOTE, Governor.

24th March, 1939.

An Ordinance to amend the Prevention of Eviction Ordinance,

1938.

24th March, 1939.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Prevention of Short title. Eviction Amendment Ordinance, 1939.

2. Section 3 of the Prevention of Eviction Ordinance, 1938, is amended by renumbering sub-section (1), (2), (3), (4), (5) and (6) as sub-sections (2), (3), (4), (5), (6) and (7) respectively and by the insertion of the following sub-section as sub-section (1) :-

New sub- section 3 (1) No. 6 of 1938 and

of Ordinance

consequent renumber- ing of

(1) During the continuance in force of this Ordinance, a present landlord's common law rights of re-entry are suspended, except sub-sections. where the tenant has abandoned possession, and if in purported exercise of common law rights, otherwise than where the tenant has abandoned possession, a landlord effects or attempts to effect such re-entry, either peaceably or forcibly, the tenant shall have a civil remedy against him for an injunction and damages without prejudice to any statutory liability of the landlord to criminal proceedings.

and 5 for

3. The Prevention of Eviction Ordinance, 1938, is New amended by the renumbering of sections 4, 5 and 6 as sections sections 4 6, 7 and 8 thereof and by the addition of the following sections Ordinance immediately after section 3:-

4. In respect of a dwelling house to which this Ordinance applies, the court shall, in addition to any powers which it may have under this or any other enactment, in any proceed- ings have power to determine any question in relation to the rent payable or to be paid by a sitting tenant.

No. 6 of

1938 and

consequent renumbering of present sections 4,

5 and 6.

Power to

court to questions relating

determine

to rent.

203