Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 2

Interpretation

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 29 of 1998 s. 105 PART I

PROTECTED TENANCIES AND PERMITTED RENTS

Interpretation and Application

In this Part, unless the context otherwise requires-

"agricultural land" (農地) means land which is held from the Government on
terms the effect of which is to prohibit the use thereof otherwise than as
agricultural land or to prohibit the erection thereon of any building without
the consent of the Government; (Added 22 of 1953 s. 2. Amended 29 of 1998 s.
105)

"Building Authority" (建築事務監督) means the Building Authority as
defined in section 2 of the Buildings Ordinance ( Cap 123); (Added 22 of 1953
s. 2)

"business premises" (商用處所) means premises which are not domestic 
premises; (Replaced 22 of 1953 s. 2)

"Commissioner" (署長) means the Commissioner of Rating and Valuation; (Added
10 of 1975 s. 2)

"domestic premises" (住宅處所) means premises the subject of a separate
letting (including any bed-space, cubicle, room, floor or portion of a floor
or building) which are used wholly or primarily for human habitation: (Amended
22 of 1953 s. 2) Provided that the following shall not be deemed to be
domestic premises within the meaning of this definition-

   (a)  any building or portion of a building which is used for habitation
        only by caretakers or watchmen not exceeding 2 in number;

   (b)  any building or portion of a building which is used for habitation
        only by office attendants or their families;

   (c)  any particular portion of an hotel or boarding-house which is let by
        the keeper of such hotel or boarding-house to a guest of such hotel or
        boarding-house;

"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
such tenant; (Amended 29 of 1998 s. 105)

"lease" (租契) or "tenancy agreement" (租賃協議) includes every
agreement for the letting of any premises, whether oral or in writing;

"let" (出租、租出) includes sublet and "letting" (出租、租出)
includes subletting;

"order" (命令、令) means an order of the Tribunal; (Replaced 76 of 1981 s.
2)

"permitted rent" (准許租金) means the rent lawfully payable under this
Part in respect of any premises; (Added 22 of 1953 s. 2)

"premises" (處所) means the subject matter of any tenancy;

"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-

   (a)  of service of a notice under section 10(1A)(a); or

   (b)  on which the Commissioner issues his certificate under section  10E ,
        as may be appropriate, on the terms of the tenancy (other than those
        relating to rent and duration of the tenancy) but disregarding the
        effect of this Part; (Replaced 53 of 1993 s. 2)

"principal tenant" (主租客) means a tenant of premises other than a
Government lessee, who has or shall sublet any part or parts thereof as a
separate holding or holdings but shall not include a tenant, hereinafter
referred to as a derivative landlord, who has or shall sublet the whole of
such premises as one holding; (Amended 29 of 1998 s. 105)

"standard rent" (標準租金) with respect to any premises means-

   (a)  if the premises were actually let unfurnished on 25 December 1941, the
        rate of rent which was recoverable from the sitting tenant; and

   (b)  if the premises were not actually let on 25 December 1941, or were
        then let furnished, but had been let unfurnished on some previous
        date, the rate of rent which was recoverable from the sitting tenant
        on the last occasion before 25 December 1941, on which the premises
        were actually let unfurnished; and

   (c)  if the premises were not let unfurnished until after 25 December 1941,
        then such rate of rent as may be assessed by the Commissioner under
        section 8 having regard to what would have constituted a standard rent
        for the premises if let unfurnished immediately before 1 December
        1941; (Amended 22 of 1953 s. 2; 76 of 1981 s. 2; 53 of 1993 s. 2)

"tenancy" (租賃) includes a sub-tenancy;

"tenant" (租客) does not include a Government lessee but includes a
sub-tenant and- (Amended 29 of 1998 s. 105)

   (a)  a person who before 23 May 1947 had retained possession of premises by
        virtue of any enactment repealed by this Part* and who was on 23 May
        1947 in possession of premises, to which this Part applies;

   (b)  a person who retains possession of any premises by virtue of this
        Part;

   (c)  the widow of a tenant, residing with the tenant at the time of his
        death, or where the tenant leaves no widow or is a woman, such member
        of the tenant's family so residing as aforesaid as may be decided in
        default of agreement by the Tribunal; (Replaced 22 of 1953 s. 2.
        Amended 76 of 1981 s. 2)

"tenement" (物業單位) means any building, structure or part thereof, which
is held or occupied as a distinct or separate tenancy or holding or under any
licence; (Added 76 of 1981 s. 2)

"Tribunal" (審裁處) means the Lands Tribunal established under the Lands 
Tribunal Ordinance ( Cap 17). (Replaced 76 of 1981 s. 2)

(25 of 1947 s. 2 incorporated. Amended 53 of 1993 s. 2)
___________________________________________________________________ Note:

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

"agricultural land" (農地)

"Building Authority" (建築事務監督)

"business premises" (商用處所)

"Commissioner" (署長)

"domestic premises" (住宅處所)

"landlord" (業主)

"lease" (租契) or "tenancy agreement" (租賃協議) "let" (出租、租出)

"letting" (出租、租出)

"order" (命令、令)

"permitted rent" (准許租金)

"premises" (處所)

"prevailing market rent" (市值租金)

"principal tenant" (主租客)

"standard rent" (標準租金)

"tenancy" (租賃)

"tenant" (租客)

"tenement" (物業單位)

"Tribunal" (審裁處)