1937_SMALL_TENEMENTS_RECOVERY_ORDINANCE__1897 — Page 2

HK Historical Laws 香港歷史法例 All AI Reviewed

SMALL TENEMENTS RECOVERY. No. 10 of 1897.

(b) House "includes a matshed or other structure;

(c) Owner means the person entitled to the immediate reversion or, in cases within section 6, to the possession of the premises, or, if the property is held in joint tenancy or tenancy in common, means any one of the persons entitled to such reversion or possession;

(d)

"Premises" mean lands (including leaseholds), houses, and other corporeal hereditaments.

545

of tenant

annual

unlawfully holding

over.

(cf. 1 & 2 Vict. c. 74, s. 1.)

3.-(1) When and so soon as the term or interest of the tenant of any house, land, or other premises, held by him at will or for any term not exceeding seven years, either without being liable to the payment of any rent or at a rent not exceeding $240 a year (being the rate of twenty dollars a month or two hundred and forty dollars a year), and upon which no fine has been reserved or made payable, has ended or has been duly determined by a legal notice to quit or otherwise, and such tenant, or (if such tenant does not actually occupy the premises or only occupies a part thereof) any person by whom the same or any part thereof is then actually occupied, notwithstanding that demand for possession has been made, refuses or neglects to quit and deliver up possession of the premises or of such part thereof respectively, it shall be lawful for a magistrate, on a complaint being made to him, to issue a summons requiring the person against whom such complaint has been made to appear at a certain time and place before such magistrate to answer such complaint and to show cause why he should not quit and deliver up possession of the said premises.

(2) Such complaint and summons may be in Forms Nos. 1 and 2 respectively in the Schedule.

Forms Nos. 1 and 2.

4. Any such summons may be served either personally or by leaving the same with some person being in and apparently residing at the place of abode of the defendant: Provided that if the defendant cannot be found, and the place of abode of the defendant is not known or admission thereto cannot be obtained for serving the summons, the posting up of the summons on some conspicuous part of the premises shall be deemed to be good service on the defendant.

(cf. 1 & 2 Vict. c. 74, s. 2.)

• As amended by Law Rev. Ord., 1937.

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SMALL TENEMENTS RECOVERY. No. 10 of 1897.(b) House "includes a matshed or other structure;65(c) Owner means the person entitled to the immediate reversion or, in cases within section 6, to the possession of the premises, or, if the property is held in joint tenancy or tenancy in common, means any one of the persons entitled to such reversion or possession;(d)"Premises" mean lands (including leaseholds), houses, and other corporeal hereditaments.545of tenantannualunlawfully holdingover.(cf. 1 & 2 Vict. c. 74, s. 1.)3.-(1) When and so soon as the term or interest of the tenant of any house, land, or other premises, held by him at will or for any term not exceeding seven years, either without being liable to the payment of any rent or at a rent not exceeding $240 a year (being the rate of twenty dollars a month or two hundred and forty dollars a year), and upon which no fine has been reserved or made payable, has ended or has been duly determined by a legal notice to quit or otherwise, and such tenant, or (if such tenant does not actually occupy the premises or only occupies a part thereof) any person by whom the same or any part thereof is then actually occupied, notwithstanding that demand for possession has been made, refuses or neglects to quit and deliver up possession of the premises or of such part thereof respectively, it shall be lawful for a magistrate, on a complaint being made to him, to issue a summons requiring the person against whom such complaint has been made to appear at a certain time and place before such magistrate to answer such complaint and to show cause why he should not quit and deliver up possession of the said premises.(2) Such complaint and summons may be in Forms Nos. 1 and 2 respectively in the Schedule.Forms Nos. 1 and 2.+4. Any such summons may be served either personally or by leaving the same with some person being in and apparently residing at the place of abode of the defendant: Provided that if the defendant cannot be found, and the place of abode of the defendant is not known or admission thereto cannot be obtained for serving the summons, the posting up of the summons on some conspicuous part of the premises shall be deemed to be good service on the defendant.(cf. 1 & 2 Vict. c. 74, s. 2.)• As amended by Law Rev. Ord., 1937.

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SMALL TENEMENTS RECOVERY. No. 10 of 1897.(b) House "includes a matshed or other structure;65(c) Owner means the person entitled to the immediate reversion or, in cases within section 6, to the possession of the premises, or, if the property is held in joint tenancy or tenancy in common, means any one of the persons entitled to such reversion or possession;(d)"Premises" mean lands (including leaseholds), houses, and other corporeal hereditaments.545of tenantannualunlawfully holdingover.(cf. 1 & 2s. 1.] Vict. c. 74, 3.-(1) When and so soon as the term or interest of theSummoning tenant of any house, land, or other premises, held by him atof premises will or for any term not exceeding seven years, either withoutnot exceed being liable to the payment of any rent or at a rent not exceeding $240 ing the rate of twenty dollars a month or two hundred and fortyrental dollars a year, and upon which no fine has been reserved or made payable, has ended or has been duly determined by a legal notice to quit or otherwise, and such tenant, or (if such tenant does not actually occupy the premises or only occupies a part thereof) any person by whom the same or any part thereof is then actually occupied, notwithstanding that demand for possession has been made, refuses or neglects to quit and deliver up possession of the premises or of such part thereof respectively, it shall be lawful for a magistrate, on a complaint being made to him, to issue a summons requiring the person against whom such complaint has been made to appear at a certain time and place before such magistrate to answer such complaint and to show cause why he should not quit and deliver up possession of the said premises.(2). Such complaint and summons may be in Forms Nos. 1Schedule. and 2 respectively in the Schedule.Forms Nos. 1 and 2.+4. Any such summons may be served either personally orService of by leaving the same with some person being in and apparentlysummons. residing at the place of abode of the defendant: Provided that[ef. 1 & 2 if the defendant cannot be found, and the place of abode of theVict. c. 74,s. 2.1 defendant is not known or admission thereto cannot be obtained for serving the summons, the posting up of the summons on some conspicuous part of the premises shall be deemed to be good service on the defendant.• As amended by Law Rev. Ord., 1937.

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SMALL TENEMENTS RECOVERY. No. 10 of 1897.

(b) House "includes a matshed or other structure;

(d)

"Premises" mean lands (including leaseholds), houses, and other corporeal hereditaments.

545

of tenant

annual

unlawfully holding

over.

(cf. 1 & 2 s. 1.]

Vict. c. 74,

3.-(1) When and so soon as the term or interest of the Summoning tenant of any house, land, or other premises, held by him at of premises will or for any term not exceeding seven years, either without not exceed being liable to the payment of any rent or at a rent not exceeding $240 ing the rate of twenty dollars a month or two hundred and forty rental dollars a year, and upon which no fine has been reserved or made payable, has ended or has been duly determined by a legal notice to quit or otherwise, and such tenant, or (if such tenant does not actually occupy the premises or only occupies a part thereof) any person by whom the same or any part thereof is then actually occupied, notwithstanding that demand for possession has been made, refuses or neglects to quit and deliver up possession of the premises or of such part thereof respectively, it shall be lawful for a magistrate, on a complaint being made to him, to issue a summons requiring the person against whom such complaint has been made to appear at a certain time and place before such magistrate to answer such complaint and to show cause why he should not quit and deliver up possession of the said premises.

(2). Such complaint and summons may be in Forms Nos. 1 Schedule. and 2 respectively in the Schedule.

Forms Nos. 1 and 2.

4. Any such summons may be served either personally or Service of by leaving the same with some person being in and apparently summons. residing at the place of abode of the defendant: Provided that [ef. 1 & 2 if the defendant cannot be found, and the place of abode of the Vict. c. 74,

s. 2.1 defendant is not known or admission thereto cannot be obtained for serving the summons, the posting up of the summons on some conspicuous part of the premises shall be deemed to be good service on the defendant.

1937_SMALL_TENEMENTS_RECOVERY_ORDINANCE__1897 — Page 2

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