Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 39

A tenant about to absent himself from Hong Kong for certain periods may sublet under conditions

(1) A tenant of domestic premises not being a corporation or unincorporate
body shall not be deemed to have assigned, transferred, sublet or parted with
possession for the purposes of section 36 if the Tribunal is satisfied that-
(Amended 76 of 1981 s. 25)

   (a)  he sublet to a person for a period during which the tenant was absent
        from Hong Kong; and

   (b)  such subletting occurred with the consent of the landlord or the
        landlord's consent was unreasonably withheld; and

   (c)  the tenant was absent from Hong Kong for a period of not less than 3
        and not more than 9 months; and

   (d)  such person did not pay or promise to pay to the tenant a
        consideration in excess of the rent payable by the tenant to the
        landlord. (Amended 32 of 1985 s. 7)

(2) Whether or not the conditions of this section have been complied with a
person who has obtained possession of premises to which this Part applies on
condition that he will give up possession to the tenant on the tenant's return
to Hong Kong shall not be entitled to the protection of this Part as against
the tenant after such tenant's return or as against the landlord. (Amended 32
of 1985 s. 7)

(3) Nothing herein contained shall entitle a person who has obtained
possession of any premises by reason of this section to retain possession as
against the landlord after the expiration of 9 months from the date when he
first obtained such possession. (Added 22 of 1953 s. 15)