Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 115

Interpretation

Caution: This is a past version. See the current version here.

Adaptation amendments retroactively made - see 23 of 1998 s. 2; 29 of 1998 s.
105 PART IV

NEW TENANCIES OF DOMESTIC PREMISES

Interpretation and Application

(1) In this Part, unless the context otherwise requires- "Commissioner"
(署長) means the Commissioner of Rating and Valuation; "current tenancy"
(現行租賃) means a tenancy which is subsisting (whether or not continued
by section 117) at the time when a notice is served under section 119(1) or a
request made under section 119A(1); "date of termination" (終止日期) means
the date stated in a notice served under section 119(1) as the date at which
the tenancy is to come to an end; "domestic tenancy" (住宅租賃) means a
tenancy of premises let as a dwelling; (Replaced 53 of 1993 s. 26)
"forfeiture" (沒收租賃權) means forfeiture-

   (a)  for breach of any provision of a tenancy; or

   (b)  under a provision of a tenancy allowing forfeiture or determination
        following the destruction, or partial destruction, of or damage to the
        premises; (Added 40 of 1984 s. 31) "landlord" (業主) includes any
        person, other than the Government, who is, from time to time, entitled
        to receive rent in respect of any premises and, in relation to a
        particular tenant, means the person entitled to receive rent from that
        tenant; (Amended 29 of 1998 s. 105) "notice to quit" (遷出通知書)
        means a notice to terminate a tenancy given in accordance with the
        express or implied provisions of that tenancy; "premises" (處所)
        means the subject matter of any tenancy; (Added 29 of 1983 s. 29)
        "prevailing market rent" (市值租金) means the rent, exclusive of
        rates at which premises the subject matter of a tenancy to which this
        Part applies might reasonably be expected to be let, at the date on
        which the current tenancy would, apart from section 119N, have come to
        an end under section  119 (1) or section 119A(5), on the terms of the
        new tenancy granted under this Part, but disregarding the effect of
        this Ordinance; (Amended 29 of 1983 ss. 29 & 46) "tenancy" (租賃)
        means a tenancy entered into orally or in writing and includes-

   (a)  an agreement for a tenancy;

   (b)  a sub-tenancy; and

   (c)  a tenancy continued or granted under this Part; "tenant" (租客) does
        not include a Government lessee but includes- (Amended 29 of 1998 s.
        105)

   (a)  a sub-tenant; and

   (b)  any government other than the Government of the Hong Kong Special
        Administrative Region, or a public body, corporation, partnership or
        firm which is the tenant of premises which is the subject matter of a
        tenancy to which this Part applies; (Amended 23 of 1998 s. 2)
        "Tribunal" (審裁處) means the Lands Tribunal established under the
        Lands  Tribunal Ordinance ( Cap 17).

(2) (Repealed 53 of 1993 s. 26)

(3) No notice or application under this Part shall, for the purposes of the
Land Registration Ordinance ( Cap 128), be regarded as an instrument in
writing by which any parcel of ground, tenement or premises may be affected or
as creating a lis pendens. (Added 29 of 1983 s. 29) [cf. 1954 c. 56 s. 46
U.K.] "Commissioner" (署長) "current tenancy" (現行租賃) "date of
termination" (終止日期) "domestic tenancy" (住宅租賃) "forfeiture"
(沒收租賃權) "landlord" (業主) "notice to quit" (遷出通知書)
"premises" (處所) "prevailing market rent" (市值租金) "tenancy" (租賃)
"tenant" (租客) "Tribunal" (審裁處)