1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 34

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

(b) such subletting occurred with the consent of the landlord or the landlord's consent was unreasonably withheld; and

(d) such person did not pay or promise to pay to the tenant a consideration in excess of the rent payable by the tenant to the landlord. (Amended 32 of 1985 s. 7)

(2) Whether or not the conditions of this section have been complied with a person who has obtained possession of premises to which this Part applies on condition that he will give up possession to the tenant on the tenant's return to Hong Kong shall not be entitled to the protection of this Part as against the tenant after such tenant's return or as against the landlord. (Amended 32 of 1985 s. 7)

(3) Nothing herein contained shall entitle a person who has obtained possession of any premises by reason of this section to retain possession as against the landlord after the expiration of 9 months from the date when he first obtained such possession.

(Added 22 of 1953 s. 15)

Power to adjourn, etc.

40. Upon any application for the recovery of possession of any premises or the ejectment of the tenant therefrom the Tribunal may-

(a) in lieu of making an order adjourn the application for a period not exceeding 30 days and subject to such conditions as it thinks proper;

(b) upon making such order direct that it shall not be operative until the expiration of any period not exceeding 30 days specified in such order and may make any such direction subject to such conditions as it thinks proper.

(25 of 1947 s. 22 incorporated. Amended 76 of 1981 s. 26)

41-42. (Repealed 76 of 1981 s. 27)

Appeal to Court of Appeal

43. (1) Any party to proceedings before the Tribunal may appeal to the Court of Appeal against a determination or order of the Tribunal on the ground that such determination or order is erroneous in point of law.

(2) An appeal under this section shall be subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance (Cap. 17).

(Replaced 76 of 1981 s. 28)

Costs

43A. In any proceedings under this Part, the Tribunal shall not make any order as to costs against a party unless that party has conducted his case in a frivolous or vexatious manner.

(Added 76 of 1981 s. 29)

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1988 Ed.] Landlord and Tenant (Consolidation) [CAP. 7 33 (b) such subletting occurred with the consent of the landlord or the landlord's consent was unreasonably withheld; and (c) the tenant was absent from Hong Kong for a period of not less than 3 and not more than 9 months; and (d) such person did not pay or promise to pay to the tenant a consideration in excess of the rent payable by the tenant to the landlord. (Amended 32 of 1985 s. 7) (2) Whether or not the conditions of this section have been complied with a person who has obtained possession of premises to which this Part applies on condition that he will give up possession to the tenant on the tenant's return to Hong Kong shall not be entitled to the protection of this Part as against the tenant after such tenant's return or as against the landlord. (Amended 32 of 1985 s. 7) (3) Nothing herein contained shall entitle a person who has obtained possession of any premises by reason of this section to retain possession as against the landlord after the expiration of 9 months from the date when he first obtained such possession. (Added 22 of 1953 s. 15) Power to adjourn, etc. 40. Upon any application for the recovery of possession of any premises or the ejectment of the tenant therefrom the Tribunal may- (a) in lieu of making an order adjourn the application for a period not exceeding 30 days and subject to such conditions as it thinks proper; (b) upon making such order direct that it shall not be operative until the expiration of any period not exceeding 30 days specified in such order and may make any such direction subject to such conditions as it thinks proper. (25 of 1947 s. 22 incorporated. Amended 76 of 1981 s. 26) 41-42. (Repealed 76 of 1981 s. 27) Appeal to Court of Appeal 43. (1) Any party to proceedings before the Tribunal may appeal to the Court of Appeal against a determination or order of the Tribunal on the ground that such determination or order is erroneous in point of law. (2) An appeal under this section shall be subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance (Cap. 17). (Replaced 76 of 1981 s. 28) Costs 43A. In any proceedings under this Part, the Tribunal shall not make any order as to costs against a party unless that party has conducted his case in a frivolous or vexatious manner. (Added 76 of 1981 s. 29)

Baseline (Original)

1988 Ed.] Landlord and Tenant (Consolidation) [CAP. 7 33 (b) such subletting occurred with the consent of the landlord or the landlord's consent was unreasonably withheld; and (c) the tenant was absent from Hong Kong for a period of not less than 3 and not more than 9 months; and (d) such person did not pay or promise to pay to the tenant a considera- tion in excess of the rent payable by the tenant to the landlord. (Amended 32 of 1985 s. 7) (2) Whether or not the conditions of this section have been complied with a person who has obtained possession of premises to which this Part applies on condition that he will give up possession to the tenant on the tenant's return to Hong Kong shall not be entitled to the protection of this Part as against the tenant after such tenant's return or as against the landlord. (Amended 32 of 1985 s. 7) (3) Nothing herein contained shall entitle a person who has obtained possession of any premises by reason of this section to retain possession as against the landlord after the expiration of 9 months from the date when he first obtained such possession. (Added 22 of 1953 s. 15) • Power to adjourn, etc. 40. Upon any application for the recovery of possession of any premises or the ejectment of the tenant therefrom the Tribunal may- (a) in lieu of making an order adjourn the application for a period not exceeding 30 days and subject to such conditions as it thinks proper; (b) upon making such order direct that it shall not be operative until the expiration of any period not exceeding 30 days specified in such order and may make any such direction subject to such conditions as it thinks proper. (25 of 1947 s. 22 incorporated. Amended 76 of 1981 s. 26) 41-42. (Repealed 76 of 1981 s. 27) Appeal to Court of Appeal 43. (1) Any party to proceedings before the Tribunal may appeal to the Court of Appeal against a determination or order of the Tribunal on the ground that such determination or order is erroneous in point of law. (2) An appeal under this section shall be subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance (Cap. 17). (Replaced 76 of 1981 s. 28) Costs 43A. In any proceedings under this part, the Tribunal shall not make any order as to costs against a party unless that party has conducted his case in a frivolous or vexatious manner. (Added 76 of 1981 s. 29)

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1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

(b) such subletting occurred with the consent of the landlord or the

landlord's consent was unreasonably withheld; and

and not more than 9 months; and

(d) such person did not pay or promise to pay to the tenant a considera- tion in excess of the rent payable by the tenant to the landlord. (Amended 32 of 1985 s. 7)

1985 s. 7)

(Added 22 of 1953 s. 15)

•

Power to adjourn, etc.

40. Upon any application for the recovery of possession of any premises or the ejectment of the tenant therefrom the Tribunal may-

(a) in lieu of making an order adjourn the application for a period not

exceeding 30 days and subject to such conditions as it thinks proper; (b) upon making such order direct that it shall not be operative until the expiration of any period not exceeding 30 days specified in such order and may make any such direction subject to such conditions as it thinks proper.