Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 21F

Relief against forfeiture by action for non-payment of rent

(Past version on 27/12/2002).
(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 of First Instance to enforce against a
lessee a right of re-entry or forfeiture in respect of any land for
non-payment of rent. (Amended 25 of 1998 s. 2; 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) If, within the time prescribed by rules of court for acknowledging service
of the writ by which the action was commenced, the lessee pays into court all
the rent in arrear and the costs of the action, the action shall cease, and
the lessee shall hold the land according to the lease without any new lease.

(3) If-

   (a)  the action does not cease under subsection (2); and

   (b)  the Court at the trial is satisfied that the lessor is entitled to
        enforce the right of re-entry or forfeiture, the Court shall order
        possession of the land to be given to the lessor at the expiration of
        such period, but not being less than 7 days from the date of the
        order, as the Court thinks fit, unless within that period the lessee
        pays into court all the rent in arrear and such sum as the Court shall
        direct on account of the costs of the action. (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) The Court may extend the period specified under subsection (3) at any time
before possession of the land is recovered in pursuance of the order under
that subsection.

(5) Subject to subsection (6), if-

   (a)  within the period specified in the order; or

   (b)  within that period as extended under subsection (4), the lessee pays
        into court-

        (i)    all the rent in arrear; and

        (ii)   the sum directed to be paid on account of the costs of the
               action, he shall hold the land according to the lease without
               any new lease.

(6) Subsection (2) shall not apply where the lessor is proceeding in the same
action to enforce a right of re-entry or forfeiture on any other ground as
well as for non-payment of rent, or to enforce any other claim as well as the
right of re-entry or forfeiture and the claim for arrears of rent.

(7) If the lessee does not-

   (a)  within the period specified in the order; or

   (b)  within that period as extended under subsection (4), pay into court-

        (i)    all the rent in arrear; and

        (ii)   the sum directed to be paid on account of the costs of the
               action, the order may be enforced and so long as the order
               remains unreversed the lessee shall be barred from all relief.

(8) The extension under subsection (4) of a period fixed by the Court shall
not be treated as relief from which the lessee is barred by subsection (7) if
he fails to pay into court all the rent in arrear and the sum directed to be
paid on account of the costs of the action within that period.

(9) Where the Court extends a period under subsection (4) at a time when-

   (a)  that period has expired; and

   (b)  a writ of possession in respect of the land has been issued, the Court
        shall suspend the writ for the extended period, and if, before the
        expiration 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 shall cancel the writ.

(10) Nothing in this section shall be taken to affect-

   (a)  the power of the Court to enter final judgment in a case 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).
        (Added 52 of 1987 s. 18) [cf. 1984 c. 28 s. 138 U.K.]