604218-1940-Supplementary-Bills-read-a-first-time---Trade-Boards--Advertisements-Regulation-Amendment--New-Territories-Regulation-Amendment--Defences-Sketching-Prevention--Amendment — Page 16

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(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.

for rent

4. As from 31st March, 1940, no landlord shall demand Restriction any increase of rent from his tenant in respect of a tenement ou demand 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 on recovery 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- mitted 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.

of rent increases. ef. Ord.

No. 14 of 1922, s: 3 (1).

Court to

relating to

6. Where a tenant has received from the landlord a Power of notice of increase of rent in respect of any tenement the Summary tenant, notwithstanding anything contained in the Supreme determine Court (Summary Jurisdiction) Ordinance, 1873, may apply in questions a summary way to a judge in Chambers in the Summary rent in Jurisdiction to decide whether the proposed increase of rent ef. 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.

7.-(1) No person shall, as a condition or pretended 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.

Chambers.

Money not manded for the grant

to be de-

renewal or continuance of tenancies.

10 & 11 Geo.

5, c. 17, s. 8.

No. 14

s. 16.

(2) Every person demanding any payment in contraven- cf. Ord. tion of this section shall upon summary conviction be liable of 1922, to a fine 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.

8. The Chief Justice may make such rules and give such Rules as to directions as he thinks fit for the purpose of giving full procedure. effect to the provisions of this Ordinance relative to legal proceedings.

13 & 14 Geo.

5, c. 32,

s. 16.

cf. Ord. No. 44 of 1939, s. 8.

9. As long as the Prevention of Eviction Consolidation Temporary- and Amendment Ordinance, 1939, shall be in force, this Non- Ordinance shall not apply to any dwelling house to which that to dwelling Ordinance applies.

application

houses.

!