Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 69

Relief against forfeiture by action for non-payment of rent

(Past version on 27/12/2002).
(Past version on 01/09/2000).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) Subject to subsection (1A), this section has effect where a lessor is
proceeding by action in the Court to enforce against a lessee a right of
re-entry or forfeiture of any land for non-payment of rent. (Amended 32 of
2002 s. 40)

(1A) Where during the term of a lease the application of this section has
prevented a lessor from enforcing against a lessee a right mentioned in
subsection (1), then during that term this section shall not be applicable
again to prevent the lessor from exercising that right against the lessee
unless the Court is satisfied that there is good cause why this section should
apply in favour of the lessee. (Added 32 of 2002 s. 40)

(2) The action ceases if the lessee pays into court all the rent in arrear and
the costs of the action within the time prescribed by rules of court for
acknowledging service of the writ. The lessee holds the land according to the
lease without any new lease.

(3) The Court is to order that the lessor be given possession of the land on
the expiry of a period, not being less than 7 days from the date of the order,
as the Court thinks fit if the Court at the trial is satisfied that the lessor
is entitled to enforce the right of re-entry or forfeiture. (Amended 32 of
2002 s. 40)

(3A) The Secretary for Development may, by notice published in the Gazette,
amend the number of days specified in subsection (3) by substituting another
number therefor. (Added 32 of 2002 s. 40. Amended L.N. 130 of 2007)

(4) An order for possession lapses if the lessee pays into court all the rent
in arrear and the sum the Court directs on account of the costs of the action
before the date ordered for possession. The lessee holds the land according to
the lease without any new lease.

(5) The Court may extend the period specified in the order for possession at
any time before possession of the land is recovered under the order.
Subsection (7) does not affect the power of the Court under this subsection.

(6) An action, order or writ for possession does not lapse on payment into
court under this section if the lessor is proceeding in the same action-

   (a)  to enforce a right of re-entry or forfeiture on any other ground as
        well as for non-payment of rent; or

   (b)  to enforce any other claim as well as the right of re-entry or
        forfeiture and the claim for arrears of rent.

(7) The order for possession may be enforced if the lessee does not within the
period allowed under the order pay into court all the rent in arrear and the
sum directed to be paid on account of the costs of the action. So long as the
order remains unreversed the lessee is barred from all relief.

(8) The Court is to suspend a writ for the possession of the land for the
extended period if the Court extends the period under an order before
possession can be taken after that period has expired. If, before the expiry
of the extended period, the lessee pays into court all the rent in arrear and
the sum directed to be paid on account of the costs of the action, the Court
is to cancel the writ.

(9) This section does not affect-

   (a)  the power of the Court to enter final judgment where the defendant
        fails to give notice of intention to defend;

   (b)  the power of the Court to make any order which it would otherwise have
        power to make as respects a right of re-entry or forfeiture on any
        ground other than non-payment of rent; or

   (c)  section 58(4) of the Conveyancing and Property Ordinance ( Cap  219).
        (Replaced 28 of 2000 s. 38)