Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 17

Restriction on recovery of possession and effect of retention of possession

Protected Tenancies

(1) No order against a tenant for the recovery of possession of or for
ejectment from any premises to which this Part applies shall be made otherwise
than under this Part or under any Ordinance empowering any court or magistrate
to make an order terminating the tenancy of any premises or for the closure of
or ejection of the tenant from, any premises, by reason of the use thereof for
immoral or illegal purposes or of the dangerous, insanitary or overcrowded
state thereof, or with respect to which any offence has been committed.

(2) Any tenant who before 23 May 1947 has retained possession of any premises
by virtue of any enactment repealed by this Part* and who is on 23 May 1947 in
possession of premises to which this Part applies and any tenant who shall
retain possession by virtue of this Part shall so long as he retains
possession observe and be entitled to the benefit of all the terms and
conditions of the original contract of tenancy, so far as the same are
consistent with this Part, and shall be entitled to give up possession only on
giving such notice as would have been required under the original contract of
tenancy, or, if no notice would have been so required on giving not less than
1 month's notice: Provided that notwithstanding anything in the contract of
tenancy a landlord who obtains an order for the recovery of possession from or
the eviction of any tenant retaining possession as aforesaid shall not be
required to give any notice to quit to the tenant.

(3) Subsection (1) shall not apply to-

   (a)  proceedings by a person claiming under a title adverse and superior to
        that under which the original tenancy, by virtue of which the tenant
        became entitled to retain possession, was derived; or

   (b)  proceedings against a derivative landlord: Provided that no order or
        judgment against a derivative landlord for the recovery of possession
        or ejectment therefrom shall affect the right of any sub-tenant to
        whom the premises or any part thereof shall have been lawfully sublet
        before proceedings for recovery of possession or ejectment were
        commenced to retain possession under this section or be in any way
        operative against any such sub-tenant.

(4) Notwithstanding the provisions of subsection (1), a closure order may be
made under section 27 (Closure Order) of the Buildings  Ordinance ( Cap 123).
(Added 43 of 1949 s. 3)

(25 of 1947 s. 5 incorporated)
___________________________________________________________________ Note:

* See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).