1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 66

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

General

Proceedings in, and jurisdiction of, court or Tribunal

68. (1) Subject to subsections (1A) and (2), neither the Commissioner nor any public officer employed in the Rating and Valuation Department shall be called to give evidence in proceedings before the court or the Tribunal and no subpoena shall be issued against the Commissioner or such public officer. (Amended 93 of 1975 s. 17; 76 of 1981 s. 46)

(1A) The Commissioner or any public officer employed in the Rating and Valuation Department may be called to give evidence in any proceedings under sections 51(8), 53, 53A and 60. (Added 93 of 1975 s. 17. Amended 76 of 1981 s. 46)

(2) Notwithstanding subsection (1), a subpoena duces tecum may be issued against the Commissioner requiring him to produce in any proceedings an application under section 51(4), 51(4A), 56A(1), 57(1), 59(1) or 63(1), and a subpoena issued under this subsection shall be deemed to be complied with by the production of any document specified in the subpoena by any public officer employed in the Rating and Valuation Department. (Amended 10 of 1975 s. 13; 39 of 1979 s. 16; 76 of 1981 s. 46)

(3)-(5) (Repealed 76 of 1981 s. 46)

(6) The court shall have the jurisdiction conferred on it by this Part notwithstanding anything in the District Court Ordinance (Cap. 336).

(7) Subject to section 68A, any determination or order, other than a conviction, of the court or the Tribunal under this Part shall be final. (Replaced 93 of 1975 s. 17. Amended 76 of 1981 s. 46)

Appeal on point of law

68A. (1) Any party to proceedings before the court or the Tribunal may appeal to the Court of Appeal against a determination or order other than a conviction of the court or the Tribunal on the ground that such determination or order is erroneous in point of law. (Amended 92 of 1975 s. 59; 76 of 1981 s. 47)

(2) An appeal under this section shall be-

(a) in the case of an appeal from the court, subject to any rules made under the Supreme Court Ordinance (Cap. 4); and

(b) in the case of an appeal from the Tribunal, subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance (Cap. 17). (Replaced 76 of 1981 s. 47)

(Added 93 of 1975 s. 18)

Costs

68B. 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. 48)

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1988 Ed.] Landlord and Tenant (Consolidation) [CAP. 7 65 General Proceedings in, and jurisdiction of, court or Tribunal 68. (1) Subject to subsections (1A) and (2), neither the Commissioner nor any public officer employed in the Rating and Valuation Department shall be called to give evidence in proceedings before the court or the Tribunal and no subpoena shall be issued against the Commissioner or such public officer. (Amended 93 of 1975 s. 17; 76 of 1981 s. 46) (1A) The Commissioner or any public officer employed in the Rating and Valuation Department may be called to give evidence in any proceedings under sections 51(8), 53, 53A and 60. (Added 93 of 1975 s. 17. Amended 76 of 1981 s. 46) (2) Notwithstanding subsection (1), a subpoena duces tecum may be issued against the Commissioner requiring him to produce in any proceedings an application under section 51(4), 51(4A), 56A(1), 57(1), 59(1) or 63(1), and a subpoena issued under this subsection shall be deemed to be complied with by the production of any document specified in the subpoena by any public officer employed in the Rating and Valuation Department. (Amended 10 of 1975 s. 13; 39 of 1979 s. 16; 76 of 1981 s. 46) (3)-(5) (Repealed 76 of 1981 s. 46) (6) The court shall have the jurisdiction conferred on it by this Part notwithstanding anything in the District Court Ordinance (Cap. 336). (7) Subject to section 68A, any determination or order, other than a conviction, of the court or the Tribunal under this Part shall be final. (Replaced 93 of 1975 s. 17. Amended 76 of 1981 s. 46) Appeal on point of law 68A. (1) Any party to proceedings before the court or the Tribunal may appeal to the Court of Appeal against a determination or order other than a conviction of the court or the Tribunal on the ground that such determination or order is erroneous in point of law. (Amended 92 of 1975 s. 59; 76 of 1981 s. 47) (2) An appeal under this section shall be- (a) in the case of an appeal from the court, subject to any rules made under the Supreme Court Ordinance (Cap. 4); and (b) in the case of an appeal from the Tribunal, subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance (Cap. 17). (Replaced 76 of 1981 s. 47) (Added 93 of 1975 s. 18) Costs 68B. 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. 48)

Baseline (Original)

1988 Ed.] Landlord and Tenant (Consolidation) [CAP. 7 65 General Proceedings in, and jurisdiction of, court or Tribunal 68. (1) Subject to subsections (1A) and (2), neither the Commissioner nor any public officer employed in the Rating and Valuation Department shall be called to give evidence in proceedings before the court or the Tribunal and no subpoena shall be issued against the Commissioner or such public officer. (Amended 93 of 1975 s. 17; 76 of 1981 s. 46) (1A) The Commissioner or any public officer employed in the Rating and Valuation Department may be called to give evidence in any proceedings under sections 51(8), 53, 53A and 60. (Added 93 of 1975 s. 17. Amended 76 of 1981 s. 46) (2) Notwithstanding subsection (1), a subpoena duces tecum may be issued against the Commissioner requiring him to produce in any proceedings an application under section 51(4), 51(4A), 56A(1), 57(1), 59(1) or 63(1), and a subpoena issued under this subsection shall be deemed to be complied with by the production of any document specified in the subpoena by any public officer employed in the Rating and Valuation Department. (Amended 10 of 1975 s. 13; 39 of 1979 s. 16; 76 of 1981 s. 46) (3)-(5) (Repealed 76 of 1981 s. 46) (6) The court shall have the jurisdiction conferred on it by this Part notwithstanding anything in the District Court Ordinance (Cap. 336). (7) Subject to section 68A, any determination or order, other than a conviction, of the court or the Tribunal under this Part shall be final. (Replaced 93 of 1975 s. 17. Amended 76 of 1981 s. 46) Appeal on point of law 68A. (1) Any party to proceedings before the court or the Tribunal may appeal to the Court of Appeal against a determination or order other than a conviction of the court or the Tribunal on the ground that such determination or order is erroneous in point of law. (Amended 92 of 1975 s. 59; 76 of 1981 $. 47) (2) An appeal under this section shall be- (a) in the case of an appeal from the court, subject to any rules made under the Supreme Court Ordinance (Cap. 4); and (b) in the case of an appeal from the Tribunal, subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance (Cap. 17). (Replaced 76 of 1981 s. 47) ( Added 93 of 1975 s. 18) Costs 68B. 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. 48)

2026-05-04 21:53:30 · Baseline

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