1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
13
(iii) if an order excluding the said premises from the further application of this Part is made, the agreement shall be enforceable only in so far as it is consistent with such order.
(b) In the event of the Tribunal ordering that the premises to which the application relates shall be excluded from the further application of this Part, the Tribunal shall make such order subject to the terms agreed between the parties together with such other conditions, if any, as it may think fit to impose in accordance with subsection (7).
(Added 30 of 1955 s. 5. Amended 40 of 1968 s. 3; 76 of 1981 s. 4)
(9)-(13) (Repealed 76 of 1981 s. 4)
(14) Where any class of premises has been excluded from the further application of this Part by an order made under subsection (1), the Tribunal shall have jurisdiction to determine whether any particular premises fall within such class. (Amended 76 of 1981 s. 4; 29 of 1983 s. 3)
(25 of 1947 s. 32 incorporated. Amended 23 of 1963 s. 3; 40 of 1968 s. 3)
5. (Repealed 76 of 1981 s. 5)
Re-entry by Crown
6. (1) Where-
(a) there is a breach of any condition of an order made under section 4 in respect of premises on land which the landlord holds under a Crown lease or other tenancy from the Crown; or
(b) prior to the making of an order under section 4 in respect of any such premises there has been made an assignment or underlease of, or an agreement to assign or underlet, an undivided share of or in the land together with the right to the exclusive possession, use, occupation or enjoyment of any portion of any building to be erected thereon pursuant to such order, (Amended 76 of 1981 s. 6)
such breach, or assignment or underlease, or agreement to assign or underlet shall be deemed to be a breach of a covenant in the Crown lease, or of a condition or stipulation of the tenancy of such land, and a right of re-entry thereon under the Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) shall be deemed to have accrued to the Crown.
(2) Where a right of re-entry is deemed under subsection (1) to have accrued to the Crown and in exercise of such right the Crown has re-entered upon the land, any person who has taken an assignment or underlease, or has entered into an agreement to take an assignment or underlease, of an undivided share of or in the land together with the right to exclusive possession, use, occupation or enjoyment of any portion of any building to be erected thereon shall, in addition to any other claim he may have, be entitled to recover from the person to whom it was paid any money or other property which passed, whether by way of consideration or otherwise, under or by virtue of such assignment, underlease or agreement.
1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
13
(iii) if an order excluding the said premises from the further applica- tion of this part is made, the agreement shall be enforceable only in so far as it is consistent with such order.
(b) In the event of the Tribunal ordering that the premises to which the application relates shall be excluded from the further application of this Part, the Tribunal shall make such order subject to the terms agreed between the parties together with such other conditions, if any, as it may think fit to impose in accordance with subsection (7).
(Added 30 of 1955 s. 5. Amended 40 of 1968 s. 3; 76 of 1981 s. 4)
(9)-(13) (Repealed 76 of 1981 s. 4)
(14) Where any class of premises has been excluded from the further application of this Part by an order made under subsection (1), the Tribunal shall have jurisdiction to determine whether any particular premises fall within such class. (Amended 76 of 1981 s. 4; 29 of 1983 s. 3)
(25 of 1947 s. 32 incorporated. Amended 23 of 1963 s. 3; 40 of 1968 s. 3)
5. (Repealed 76 of 1981 s. 5)
Re-entry by Crown
6. (1) Where-
(a) there is a breach of any condition of an order made under section 4 in respect of premises on land which the landlord holds under a Crown lease or other tenancy from the Crown; or
(b) prior to the making of an order under section 4 in respect of any such premises there has been made an assignment or underlease of, or an agreement to assign or underlet, an undivided share of or in the land together with the right to the exclusive possession, use, occupation or enjoyment of any portion of any building to be erected thereon pursuant to such order, (Amended 76 of 1981 s. 6)
such breach, or assignment or underlease, or agreement to assign or underlet shall be deemed to be a breach of a covenant in the Crown lease, or of a condition or stipulation of the tenancy of such land, and a right of re-entry thereon under the Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) shall be deemed to have accrued to the Crown.
(2) Where a right of re-entry is deemed under subsection (1) to have accrued to the Crown and in exercise of such right the Crown has re-entered upon the land, any person who has taken an assignment or underlease, or has entered into an agreement to take an assignment or underlease, of an undivided share of or in the land together with the right to exclusive possession, use, occupation or enjoyment of any portion of any building to be erected thereon shall, in addition to any other claim he may have, be entitled to recover from the person to whom it was paid any money or other property which passed, whether by way of consideration or otherwise, under or by virtue of such assignment, underlease or agreement.
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