600673-1939-Supplementary-Bill-read-a-second-time--Prevention-of-Eviction-Consolidation-and-Amendment — Page 2

Restriction on right to possession in certain

cases.

13 and 14 Geo. 5, c. 32, s. 12.

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(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.

3. (1) During the continuance in force of this Ordin- ance, a landlord's common law rights of re-entry of premises to which this Ordinance applies are suspended, except 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.

(2) If proceedings are taken against the person who on the 3rd day of June, 1938, was tenant of a dwelling-house (hereinafter referred to as the sitting tenant") for the recovery of possession of the dwelling-house or for the eject- ment of the tenant therefrom, it shall be lawful for the court, in its discretion, having regard to the housing shortage in the Colony and to the hardship on the sitting tenant of having to quit the dwelling-house, and taking into consideration any greater hardship which may be caused to the landlord by the sitting tenant remaining in possession, to refuse to make an order for the recovery of possession of the dwelling-house or for the ejectment of the sitting tenant therefrom, or to adjourn the application or to stay or suspend execution of any such order or to postpone the date of possession for such period or periods, and subject to such conditions as it thinks proper, and, if such conditions are complied with, the court may, if it thinks fit, discharge or rescind any such order.

(3) For the purpose of the exercise of its jurisdiction under this section, the court may direct that the tenancy of the sitting tenant shall be treated as a subsisting tenancy notwithstanding the determination of the same by any notice to quit or similar notice or otherwise and may set aside and annul any such notice accordingly, and shall have power to determine what increase of rent (if any) is fair and reason- able, regard being had to the character and condition of the dwelling-house and the rents of similar dwelling-houses in the locality.

(4) Subject to the provisions of sub-section (5) of this section, in any such proceedings an order for possession or ejectment against the sitting tenant of a dwelling-house shall not, unless the court otherwise directs, be operative against a sitting tenant of a part of the dwelling-house which was lawfully sub-let to him at or before the 3rd day of June, 1938, and is a separate dwelling-house, and the court shall, in relation to that part of the dwelling-house and the sitting tenant thereof, have all the like powers and jurisdiction as it has in relation to the whole dwelling-house and the sitting tenant thereof,

(5) The court shall not exercise any of the powers given to it under sub-sections (2) and (3) in the following cases :-

(a) if any rent lawfully due from the tenant has not been paid or tendered within a fortnight after demand.

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