Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 19

Duties of principal tenant

(1) Every principal tenant shall affix and shall keep affixed on a conspicuous
part of the premises comprised in his principal tenancy a notice in Form 1 in
the Second Schedule stating the rent payable by him to his landlord and shall
give to each sub-tenant notice in writing of the part of such rent which he
attributes to the premises let to such sub-tenant.

(2) Every principal tenant shall, whether the same shall be demanded or not,
give to each sub-tenant at the time of his paying the same a receipt for the
amount of the rent paid and such receipt shall state the period in respect of
which such rent was payable.

(3) Every principal tenant shall, within 1 month after becoming a
principal tenant, furnish to his landlord a full and true statement showing
the name of all the sub-tenants of such principal tenant with sufficient
particulars of the parts of the premises occupied by and of the standard rent
and gross rent payable by and of the date of first occupation by each of them.
(Amended 11 of 1954 s. 3)

(4) A principal tenant who fails to comply with any of the provisions of
subsections (1), (2) and (3) shall be guilty of an offence and shall be liable
on summary conviction to a fine of $2000. (Amended 22 of 1953 s. 10)

(5) Upon the hearing of any summons issued under this section, it shall be
lawful for a magistrate, in addition to imposing a fine if the defendant is
convicted, to order the eviction of the defendant. (Amended 22 of 1953 s. 10)

(6) Where a principal tenant is evicted under the provisions of this section
or of section 15, the sub-tenants of such principal tenant shall be deemed to
be and shall thereafter be tenants of the immediate landlord of such
principal tenant and shall be deemed to hold their respective premises upon
the terms and conditions upon which they held them from the principal tenant:
Provided that such immediate landlord shall be entitled to demand or receive
from such sub-tenant only such rent as he would have been entitled to demand
or receive if the tenancy of the principal tenant had been terminated under
the provisions of section 21 and shall undertake towards the sub-tenants all
those obligations formerly undertaken by the principal  tenant.

(7) It shall be the duty of the immediate landlord of the principal  tenant to
ensure that the provisions of subsection (1) are complied with, and an
immediate landlord who fails without reasonable excuse (the burden of proving
which shall be upon him) to ensure that the said provisions are complied with
shall be guilty of an offence and shall be liable on summary conviction to a
fine of $2000. (Added 22 of 1953 s. 10)

(25 of 1947 s. 11 incorporated)