Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 35

Order for recovery where domestic premises are required for occupation by landlord, etc.

(1) The Tribunal on the application of a landlord or of the personal
representative of a deceased landlord (not being a landlord who has become
such landlord by purchasing premises or any interest therein after 1 September
1946) may make an order for the recovery of possession of any
domestic premises or for the ejectment of the tenant therefrom where such
premises are reasonably required for occupation as a residence for such
landlord or for any son or daughter of his over 18 years of age, or, where the
landlord is dead, for the surviving spouse, son or daughter over 18 years of
age or father or mother of such deceased landlord: Provided that no such order
shall be made unless the Tribunal is satisfied having regard to all the
circumstances of the case, including any alternative accommodation available
for the persons for whose occupation the premises are so required or for the
tenant, that greater hardship would be caused by refusing to grant the order
than by granting it.

(2) No person obtaining an order for the recovery of possession of or
ejectment from any premises under subsection (1) shall within 12 months after
the date of such order assign, transfer, sublet or part with the possession of
the premises or any part thereof without the previous consent of the Tribunal.

(3) Where a person has obtained an order for the recovery of possession of or
ejectment from any premises under the provision of subsection (1) and it is
subsequently made to appear to the Tribunal that the order was obtained in bad
faith or by the misrepresentation or concealment of material facts or where
such person is shown to have acted in breach of the provisions of subsection
(2), the Tribunal may order the landlord to pay to the former tenant such sum
as may appear to the Tribunal to be sufficient to compensate such tenant for
the cost, damage, loss or inconvenience sustained by him as a result of the
order for recovery of possession or ejectment.
(25 of 1947 s. 19 incorporated. Amended 76 of 1981 s. 22)