Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 3

Application of this Part

(Past version on 30/06/1997).

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

(1) This Part shall not apply to-

   (a)  any premises-

        (i)    in a building in respect of which an occupation permit,
               including a temporary occupation permit, was first issued by
               the Building  Authority under section 21(2) of the
               Buildings Ordinance ( Cap 123) after 16 August 1945; or

        (ii)   which were completed or substantially rebuilt after 16 August
               1945; (Replaced 29 of 1983 s. 2)

   (b)  agricultural land or any building thereon, other than a building
        erected before 17 August 1945; (Added 22 of 1953 s. 3)

   (c)  land let unbuilt upon save where such land has been let with, and for
        the better enjoyment of, any building, or save where a building to
        which this Part applies has subsequently been erected thereon; (Added
        22 of 1953 s. 3)

   (d)  (Repealed 29 of 1983 s. 2)

   (e)  (Repealed 40 of 1984 s. 2)

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

   (g)  any premises for the time being vested in or in the custody of the
        Custodian of Property or the Custodian of Enemy Property;

   (h)  any lease or tenancy held directly from the Government; (Amended 13 of
        1948 s. 3; 40 of 1984 s. 2; 29 of 1998 s. 105)

   (i)  any premises which are, or since 4 May 1979 have been, business 
        premises. (Replaced 40 of 1984 s. 2)

(2) In the event of any doubt or dispute as to whether any premises are
excepted from the application of this Part by any of the provisions of
subsection (1), the same may be determined by the Commissioner on the
application of a landlord or tenant. (Amended 76 of 1981 s. 3)

(3) Where immediately before 23 May 1947, a tenant of premises to which this
Part does not apply was entitled to protection against eviction by reason of
an enactment repealed by this Part*, he shall be deemed to be holding at the
rent payable immediately before 23 May 1947, and shall be entitled to such
notice to quit as would have been required under the original contract of
tenancy or if such notice had already been given and had expired at or before
23 May 1947 then to 1 month's notice.

(25 of 1947 s. 3 incorporated)
___________________________________________________________________ Note:

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