Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 28

Commissioner may approve contracting out in certain circumstances

(1) A landlord and a tenant or prospective tenant of any premises to which
this Part applies may make a joint application to the Commissioner for his
approval under subsection (3) of the terms of any tenancy agreement into which
they propose to enter.

(2) An application under subsection (1) shall be in the specified form in
triplicate and shall be accompanied by a copy of the proposed agreement and
such fee as may be determined by the Financial Secretary. (Amended 32 of 1985
s. 4)

(3) Notwithstanding anything contained in this Part, the Commissioner shall,
if he is satisfied in relation to the proposed agreement- (Amended 32 of 1985
s. 4)

   (a)  that the tenant or prospective tenant understands its effect;

   (b)  that the tenant or prospective tenant in assenting to enter into such
        an agreement has not been subject to any undue pressure or influence;
        and

   (c)  that no sub-tenants are prejudiced thereby, approve the proposed
        agreement and endorse the application submitted to him under
        subsection (1) with a statement to that effect and serve a copy
        thereof on the landlord and on the tenant or prospective tenant.

(4) The Commissioner may make such inquiries as he thinks fit for the purposes
of subsection (3) but nothing in subsection (3) or this subsection shall be
construed as imposing on the Commissioner or any public officer any duty to
inquire into or be satisfied as to the reasonableness or otherwise of the
consideration specified in the agreement.

(5) Where the Commissioner approves the terms of a proposed agreement under
subsection (3) the parties may execute a tenancy agreement in the terms so
approved, notwithstanding anything in this Part.

(6) Where an agreement is executed under subsection (5)-

   (a)  the landlord shall lodge a copy thereof with the Commissioner within
        28 days of its execution; and (Amended 40 of 1984 s. 9)

   (b)  the building or part thereof to which the agreement relates shall be
        excluded from the further application of this Part notwithstanding the
        termination or expiry of the agreement. (Replaced 39 of 1979 s. 12)
        (For savings and transitional provisions see 39 of 1979 s. 25(1))