1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 82

1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

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(1A) Where Part II ceases to apply to a tenancy because that tenancy becomes a tenancy mentioned in paragraph (m) of section 50(6), this Part shall apply to that tenancy. (Added 29 of 1983 s. 30)

(1B) Where Part II ceases to apply to a tenancy under section 51A or 51B, this Part shall apply to that tenancy. (Added 40 of 1984 s. 32)

(2) This Part shall not apply to any tenancy-

(a) to which Part I or Part II applies; or

(b) which is excluded from Part II by paragraph (b), (c), (d), (e) or (n) of section 50(6), whether or not the tenancy is also excluded from Part II by paragraph (1), (m) or (0), or all those paragraphs, of that section; or (Replaced 29 of 1983 s. 30)

(c) of premises which is subsisting at the time an order under section 4 is made in respect of those premises; or (Added 29 of 1983 s. 30) (d) which is entered into under an authority under section 53(7A)(a)(ii) or an authority by the Commissioner under section 119H(2)(a). (Addeď 29 of 1983 s. 30)

(3) This Part shall not apply to a tenancy entered into in writing for a term not exceeding 1 year which is endorsed by the Commissioner under sub- section (4).

(4) When the Commissioner is satisfied that a tenancy mentioned in subsection (3)---

(a) has been entered into for a period during which, or for most of which, the landlord will be absent from Hong Kong or for any other special reason acceptable to the Commissioner, the landlord is unable to, or does not wish to, occupy the premises; or

(b) is a tenancy (which is not a sub-tenancy) of premises-

(i) which are, in his opinion, fully furnished; and

(ii) in respect of which the landlord is obliged by the terms of the tenancy to maintain and repair the premises, furnishings and fittings; or

(c) is a sub-tenancy of premises which are--

(i) in his opinion, fully furnished and in respect of which the principal tenant is obliged by the terms of the sub-tenancy to maintain and repair the premises, furnishings and fittings; and

(ii) under a principal tenancy which is excluded under para- graph (b),

and that the tenant or sub-tenant understands the effect of excluding the tenancy or sub-tenancy from this Part, he may endorse the agreement to the effect that this Part does not apply to the tenancy or sub-tenancy. (Replaced 40 of 1984 s. 32. Amended 32 of 1985 s. 19)

(4A) An application to the Commissioner for his endorsement under subsection (4) shall be accompanied by such fee as may be determined by the Financial Secretary. (Added 32 of 1985 s. 19)

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