Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 4

Power to exclude application of this Part

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 44 of 2000 s. 3

(1) The Chief Executive may, in his absolute discretion and without the
necessity of hearing any interested party, by order exclude from the further
application of this Part any class of premises. (Replaced 40 of 1968 s. 3.
Amended 72 of 1973 s. 2; 44 of 2000 s. 3)

(2) The Tribunal may, in accordance with this section, make an order excluding
any particular premises from the further application of this Part. (Replaced
76 of 1981 s. 4)

(3) Every order made under subsection (1) shall be published in the Gazette
whereupon the tenant of any such premises shall be deemed to be holding at the
rent payable immediately before the publication of such order and shall be
entitled to such notice to quit as would have been required under the original
contract of tenancy, or, if such notice has already been given and has
expired, then to 1 month's notice expiring at the end of the calendar month
next after the month in which such order was published: (Amended 76 of 1981 s.
4) Provided that in the event of any notice having been given prior to such
order being published nothing herein contained shall entitle a landlord to
recover possession prior to the expiration of such notice. (Added 40 of 1968
s. 3)

(3A) Upon the making of an order under subsection (2) the tenant of any such
premises shall be deemed to be holding at the rent payable immediately before
the making of the order and shall be entitled to such notice to quit as would
have been required under the original contract of tenancy or, if such notice
has already been given and has expired, then to 1 month's notice expiring at
the end of the calendar month next after the month in which such order was
made: Provided that in the event of any notice having been given prior to such
order being made nothing herein contained shall entitle a landlord to recover
possession prior to the expiration of such notice. (Added 29 of 1983 s. 3)

(4) Any landlord or tenant desiring to obtain an order of the Tribunal under
subsection (2) shall serve notice thereof on his immediate tenant or landlord
as the case may be in the prescribed form and shall also post such notice in a
conspicuous place at the entrance to the premises to which the application
relates. Such service and posting shall be verified by affidavit in the
prescribed form which shall be lodged in the registry of the Tribunal.
(Amended 30 of 1955 s. 5; 56 of 1961 s. 2; 40 of 1968 s. 3; 76 of 1981 s. 4)

(5) Any party other than the person served under subsection (4) who opposes
the application shall within 14 days of such notice having been posted as
aforesaid give notice in writing to the registrar of the Tribunal in the
prescribed form stating his interest in the matter and whether he wishes to
make written representations to the Tribunal or whether he wishes to appear by
himself or by his advocate on the hearing of the application. (Amended 76 of
1981 s. 4)

(6) (Repealed 76 of 1981 s. 4)

(7) (a) After hearing the parties and considering such representations as it
thinks fit, the Tribunal may make an order in terms of subsection (2), either
absolutely or subject to such conditions as it thinks fit (including a
condition requiring payment of compensation by the landlord to any tenant).
(Replaced 76 of 1981 s. 4)

   (b)  For the purposes of any review under section 11A of the Lands 
        Tribunal Ordinance ( Cap 17), the time limit mentioned in that section
        shall not apply to a decision, other than in relation to the payment
        of compensation, under paragraph (a). (Added 29 of 1983 s. 3)

(8) (a) A landlord who has made an application under this section may enter
into an agreement with any tenant who in accordance with the provisions of
subsection (5) opposes the landlord's application whereby the tenant agrees to
withdraw his opposition to such application subject to such terms as may be
agreed between the landlord and the tenant: (Amended 53 of 1993 s. 3) Provided
that-

        (i)    no such agreement shall contain any term whereby the tenant
               agrees to quit his premises before an order excluding the said
               premises from the further application of this Part has been
               made;

        (ii)   if no order excluding the said premises from the further
               application of this Part is made, the agreement shall be null
               and void;

        (iii)  if an order excluding the said premises from the further
               application of this Part is made, the agreement shall be
               enforceable only in so far as it is consistent with such order.

   (b)  In the event of the Tribunal ordering that the premises to which the
        application relates shall be excluded from the further application of
        this Part, the Tribunal shall make such order subject to the terms
        agreed between the parties together with such other conditions, if
        any, as it may think fit to impose in accordance with subsection (7).
        (Added 30 of 1955 s. 5. Amended 40 of 1968 s. 3; 76 of 1981 s. 4)

(9)-(13) (Repealed 76 of 1981 s. 4)

(14) Where any class of premises has been excluded from the further
application of this Part by an order made under subsection (1), the Tribunal
shall have jurisdiction to determine whether any particular premises fall
within such class. (Amended 76 of 1981 s. 4; 29 of 1983 s. 3)

(25 of 1947 s. 32 incorporated. Amended 23 of 1963 s. 3; 40 of 1968 s. 3)