1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 99

98

CAP. 7]

Landlord and Tenant (Consolidation)

[1988 Ed.

(a) a tenancy for a fixed term of 3 years or more the agreement for which contains no provision for earlier determination of the same other than for breach of any of the provisions of the agreement or under a provision of the tenancy allowing forfeiture or determination following the destruction, or partial destruction, of or damage to the premises; (Amended 40 of 1984 s. 36)

(b) a tenancy—

(i) of premises to which Part I applies; or

(ii) of premises in respect of which there is in existence an order under section 4; (Replaced 24 of 1980 s. 4. Amended 29 of 1983 s. 45)

(ba) a tenancy to which Part II applies; (Added 6 of 1980 s. 16)

(c) a tenancy to which Part IV applies;

(d) a tenancy in respect of which a valid notice to quit was given prior to 14 April 1962, including a tenancy arising by reason of a tenant holding over in such circumstances;

(e) a tenancy of land unbuilt on, but such a tenancy shall cease to be excluded so soon as there is built on the land in accordance with the provisions of the agreement for the tenancy any building of a permanent nature;

(f) a tenancy of agricultural land, which expression shall have the meaning assigned to it by the Rating Ordinance (Cap. 116), including such a tenancy where there exists on the land any dwelling house occupied by persons working the land;

(g) a tenancy where the landlord is the employer and the tenant is the employee in possession of the premises in accordance with the terms and conditions of his employment where such terms and conditions require him to vacate the accommodation upon ceasing to be so employed;

(h) a tenancy held from the Crown;

(i) (Repealed 29 of 1983 s. 45)

(j) a tenancy authorized by the Commissioner under section 53(7A)(a)(ii); (Added 29 of 1983 s. 45)

(k) a tenancy in respect of which the agreement has been endorsed by the Commissioner under section 116(4); and (Added 29 of 1983 s. 45)

(l) a tenancy authorized by the Commissioner under section 119H(2)(a). (Added 29 of 1983 s. 45)

(3) This Part shall not apply to a tenancy in writing—

(a) for a fixed term not exceeding 1 year; and

(b) which—

(i) has been entered into for a period during which, or for most of which, the landlord will be absent from Hong Kong; or

(ii) is in respect of premises which the landlord intends to rebuild and is for a period pending that rebuilding; or