Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 50

Application

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 29 of 1998 s. 105; 44 of 2000
s. 3

(1) Subject to subsection (6), this Part applies to every domestic  tenancy
and domestic sub-tenancy of post-war premises, whether the same was effected
orally or in writing and notwithstanding any provision in such tenancy or
sub-tenancy, including any provision purporting generally or specifically to
exclude this Part. (Amended 29 of 1983 s. 11)

(2) For the purposes of this section, "post-war premises" (戰後處所) means
premises to which Part I does not apply by virtue of section  3 (1)(a).
(Replaced 29 of 1983 s. 11)

(3) The burden of proving that premises in a building are not
post-war premises shall lie on the person so asserting; and a copy of a
written permit of the Building Authority to occupy a building shall be prima
facie evidence that premises in that building are not post-war if the permit
purports to have been issued prior to 17 August 1945. (Amended 29 of 1983 s.
11)

(4) (a) The benefits and protection afforded by this Part shall, in any
tenancy or sub-tenancy to which it applies, be available to the widow,
widower, mother, father or any daughter or son over the age of 18 years of the
tenant or sub-tenant, as the case may be, where she or he was residing with
the tenant or sub-tenant at the time of his or her death, and for the purposes
of this Part references to tenant or sub-tenant shall, except in this
subsection, be deemed to include a reference to such widow, widower, mother,
father, daughter or son. (Amended 29 of 1983 s. 11; 40 of 1984 s. 14)

   (b)  Only one person mentioned in paragraph (a) shall be entitled to the
        benefits and protection of this Part at one time and, in default of
        agreement by those persons, the Tribunal shall nominate that person on
        such grounds as appears to it to be just and equitable. (Added 29 of
        1983 s. 11)

   (c)  The benefits and protection afforded by this Part shall not be
        available to a personal representative of a deceased tenant or
        sub-tenant or, notwithstanding any will or the law of succession on
        intestacy, any other person who is not a person mentioned in paragraph
        (a) as entitled to those benefits or that protection. (Added 40 of
        1984 s. 14)

(5) (Repealed 6 of 1980 s. 3)

(6) This Part shall not apply to the following-

   (a)  a tenancy or sub-tenancy-

        (i)    of premises to which Part I applies; or

        (ii)   of premises in respect of which there is in existence an order
               under section 4; (Replaced 24 of 1980 s. 2. Amended 29 of 1983
               s. 11)

   (b)  a tenancy or sub-tenancy of land unbuilt on;

   (c)  a tenancy or sub-tenancy of agricultural land, which expression shall
        have the meaning assigned to it by section 36 of the Rating  Ordinance
        ( Cap 116), including such a tenancy or sub-tenancy where there is on
        the land a dwelling house occupied by persons working the land;

   (d)  a tenancy or sub-tenancy where the landlord or principal tenant is the
        employer and the tenant or sub-tenant is the employee in possession of
        the premises in accordance with the terms and conditions of his
        employment, being terms and conditions which require him to vacate the
        accommodation on ceasing to be so employed;

   (e)  a tenancy held from the Government, the Hong Kong Housing Authority,
        the Hong Kong Housing Society or the Hong Kong Settlers Housing
        Corporation Limited, or a sub-tenancy created out of such a tenancy;
        (Amended 52 of 1981 s. 2; 53 of 1993 s. 19; 29 of 1998 s. 105)

   (f)  -(g) (Repealed 76 of 1981 s. 32)

   (h)  (Repealed 29 of 1983 s. 11)

   (i)  -(k) (Repealed 6 of 1980 s. 3)

   (l)  a tenancy or sub-tenancy of any premises in a building in respect of
        which an appropriate certificate was first issued or which premises
        were completed or substantially rebuilt on or after 19 June 1981;
and, for the purposes of this paragraph, "appropriate certificate"
(適當證明書) means-

        (i)    an occupation permit, including a temporary occupation permit,
               issued by the Building Authority under section 21 (2) of the
               Buildings  Ordinance ( Cap 123); or

        (ii)   where section 21 of the Buildings Ordinance ( Cap 123) does not
               apply to the premises by virtue of the Buildings Ordinance
               (Application to the New Territories) Ordinance ( Cap 322 1964
               Ed.) or the Buildings  Ordinance (Application to the New
               Territories) Ordinance ( Cap 121), a certificate issued by the
               Director of Lands, or any person authorized by him, certifying
               that the premises are complete; or (Amended L.N. 370 of 1981;
               L.N. 76 of 1982; L.N. 94 of 1986; 60 of 1987 s. 14; L.N. 291 of
               1993)

        (iii)  where section 21 of the Buildings Ordinance ( Cap 123) does not
               apply to the premises by virtue of section 18 of the
               Housing Ordinance ( Cap 283), a certificate issued by the
               Director of Housing, or any person authorized by him,
               certifying that the premises are complete; (Added 52 of 1981 s.
               2. Amended 29 of 1983 s. 11)

   (m)  a tenancy or sub-tenancy of premises the rateable value of which is
        not less than $30000 or such other sum as the Legislative Council by
        resolution determines; (Replaced 52 of 1981 s. 3. Amended 29 of 1983
        s. 11; 40 of 1984 s. 14; 32 of 1985 s. 8)

   (n)  a tenancy or sub-tenancy in writing created after 18 December 1981 for
        a fixed term of 5 years or longer which contains no provision-

        (i)    for earlier determination by the landlord otherwise than by
               forfeiture; and

        (ii)   for any premium or fine or for any increase in the rent during
               the fixed term; (Added 76 of 1981 s. 32)

   (o)  a tenancy or sub-tenancy created on or after 10 June 1983 of premises
        of which, or of part of which, the tenant or sub-tenant under that
        tenancy or sub-tenancy is not already in possession under another
        tenancy or sub-tenancy. (Added 29 of 1983 s. 11)

(7)-(8) (Repealed 29 of 1983 s. 11)

(9) The Chief Executive may by order exclude from the further application this
Part any class of tenancy or sub-tenancy, any class of premises or any
particular tenancy or sub-tenancy or premises. (Amended 44 of 2000 s. 3)

(10) Subject to subsection (12), for the purposes of this section, the
rateable value of any premises shall be-

   (a)  in the case of premises being a tenement included in the valuation
        list declared in March 1977 under section 13 of the Rating  Ordinance
        ( Cap 116) as amended or altered from time to time up to and including
        10 June 1983, the rateable value contained in that list on 10 June
        1983; and

   (b)  in any other case, the rateable value which would have been contained
        in the list referred to in paragraph (a) on 10 June 1983 had the
        premises been included in that list and which is certified by the
        Commissioner as regards the premises for the purposes of this section
        and that certificate shall be final and binding. (Replaced 29 of 1983
        s. 11. Amended 77 of 1988 s. 3)

(11) The dates mentioned in subsection (10) may be amended by resolution of
the Legislative Council. (Added 29 of 1983 s. 11. Amended 77 of 1988 s. 3)

(12) Any tenancy or sub-tenancy of premises excluded from this Part at any
time by virtue of the operation of subsection (6)(m) shall continue to be so
excluded notwithstanding any amendment of subsection (10). (Added 29 of 1983
s. 11. Amended 77 of 1988 s. 3)

"post-war premises" (戰後處所)

"appropriate certificate" (適當證明書)