599647-1939-Supplementary-Bills-read-a-first-time--Births-and-Deaths-Registration-Amendment-Urban-Council-Amendment-Precetion-of-Eviction-Consolidation-and-Amendment-Kowloon-Unon-Church-Incorporation — Page 3

1042

A BILL

[No. 28-22.7.39.-5.]

Short title.

Application

and inter- pretation.

10 and 11

Geo. 5, c. 17, s. 12 (1) (f), (g) and

(2).

Ordinance

No. 6 of 1901.

INTITULED

An Ordinance to consolidate and amend the Prevention of

Eviction Ordinances, 1938 and 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 Eviction Consolidation and Amendment Ordinance, 1939.

2.--(1) In this Ordinance-

66

(a) landlord" and tenant include any person from time to time deriving title under the original landlord or tenant;

(b) ' landlord also includes in relation to any dwelling- house any person, other than the tenant, who is or would but for this Ordinance be entitled to possession of the dwelling- house;

CC

(e) 'let' includes sub-let;

وو

(d) tenant and tenancy include sub-tenant and sub-tenancy;

(e) "tenant

includes the widow of a tenant dying intestate who was residing with him at the time of his death, or, where a tenant dying intestate leaves no widow or is a woman, such member of the tenant's family so residing as aforesaid as may be decided in default of agreement by the court;

(f)"principal tenant means the person who has obtain- ed a tenancy of a dwelling house, or a floor or floors thereof, from the landlord;

66

(g) the Assessor means the Assessor appointed by the Governor under section 3 of the Rating Ordinance, 1901.

(h). "order" includes judgment or decree.

(2) This Ordinance shall apply to a house or a part of a house, including a bed-space, let as a separate dwelling:

Provided that-

(i) this Ordinance shall not apply to a dwelling-house bona fide let at a rent which includes payments in respect of board, attendance or use of furniture;

(ii) the application of this Ordinance to any house or part of a house shall not be excluded by reason only that part of the premises is used as a shop or office or for business, trade or professional purposes; and

(iii) this Ordinance shall not apply to the New Territories, except New Kowloon.