Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 53A

Restriction on order for possession for rebuilding

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 29 of 1998 s. 5

(1) The Tribunal shall not make an order for possession of premises on the
ground mentioned in paragraph (c) of section 53(2) unless, in addition, it is
satisfied that-

   (a)  the rebuilding will result in an increase in the number of dwellings
        or in accommodation for domestic use or in accommodation for other
        than domestic use; and, if for other than domestic use, the site of
        the premises is suitable for the intended use; or

   (b)  the rebuilding is in the public interest; or

   (c)  the expenditure required to restore or repair the premises would not
        be economically reasonable, and, where the approval or authority of
        any person is required in respect of the rebuilding, the Tribunal may-

        (i)    state that it is satisfied as mentioned in paragraph (c) of
               section 53(2) and this subsection, if that be the case;

        (ii)   postpone the hearing of the application to enable the landlord 
               or principal tenant to apply for that approval or authority;
               and

        (iii)  if that approval or authority is obtained, but not otherwise,
               make an order for possession of the premises.

(2) Where the Tribunal grants an order for possession on the grounds mentioned
in paragraph (c) of section 53(2), it may impose any reasonable condition on
the landlord in relation to his intention to rebuild the premises and shall
order that compensation be paid to the tenant and-

   (a)  that plans of the new building showing the number and size of any
        dwellings to be erected be lodged with the Tribunal and that the new
        building be erected to provide that number of dwellings; and

   (b)  that the rebuilding work (including any demolition that is required)
        be commenced, and the new building be ready for occupation, on the
        dates ordered. (Amended 29 of 1983 s. 16; 32 of 1985 s. 13)

(2A) 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 subsection (2). (Added 29 of 1983 s. 16)

(3) The Commissioner shall cause an order of the Tribunal under this section
to be registered by memorial in the Land Registry against the premises
affected and the conditions imposed under subsection (2) shall be binding on
and enforceable against any successors in title to the landlord. (Amended 8 of
1993 s. 2)

(4) (a) The compensation ordered by the Tribunal under subsection (2) shall
be-

        (i)    where the rateable value of the premises does not exceed
               $30000, an amount equal to 7 times the rateable value;

        (ii)   where the rateable value of the premises exceeds $30000 and
               does not exceed $60000, $210000 plus 5 times the amount by
               which the rateable value exceeds $30000;

        (iii)  where the rateable value of the premises exceeds $60000 and
               does not exceed $90000, $360000 plus 3 times the amount by
               which the rateable value exceeds $60000;

        (iv)   where the rateable value of the premises exceeds $90000,
               $450000 plus the amount equivalent to that by which the
               rateable value exceeds $90000. (Replaced L.N. 153 of 1996)

   (b)  Where a tenant has sublet premises or any part of premises, the
        compensation payable under this subsection shall be apportioned by the
        Tribunal so that a sub-tenant shall be entitled to receive a portion
        of the compensation payable under paragraph (a) which is just and
        equitable. (Amended 40 of 1984 s. 20)

   (c)  Where it appears that premises or any part of premises is sublet, the
        Tribunal may call upon the Commissioner for a certificate as to which
        part of the premises is occupied by a sub-tenant and such a
        certificate purporting to be signed by or on behalf of the
        Commissioner shall be admissible in evidence for the purposes of
        paragraph (b) upon its mere production without further proof, subject
        to the right of any party, including any sub-tenant, to cross-examine
        the Commissioner or a public officer in his department nominated by
        the Commissioner for that purpose.

   (d)  For the purposes of this subsection-

"premises" (處所) means the subject matter of a tenancy; and

"rateable value" (應課差餉租值) means-

   (a)  in the case of premises being a tenement that was, at the date of the
        application for an order for possession on the ground mentioned in
        section 53(2)(c), included in the valuation list in force under
        section 14 of the Rating Ordinance ( Cap 116), the rateable value of
        those premises contained in that list on that date (disregarding any
        amendment or alteration to that list made after that date, even if
        retrospective); (Amended 22 of 1995 s. 36)

   (b)  in any other case, the rateable value that would have been contained
        in that list on that date had the premises been included in that list,
        a certificate signed by the Commissioner as regards the premises for
        the purposes of this section being final and binding as to such value.
        (Replaced 53 of 1993 s. 21)

   (e)  The method of calculating the compensation mentioned in paragraph (a)
        may be amended by resolution of the Legislative Council. (Replaced 40
        of 1984 s. 20)

   (f)  Where an order for possession on the ground mentioned in
        section 53(2)(c) is made pursuant to an application made before the
        commencement of the Landlord and Tenant (Consolidation) (Amendment)
Ordinance 1993 (53 of 1993), the definition of "rateable value"
(應課差餉租值) in paragraph (d) shall be construed as if each reference
to the date of the application were a reference to the date of that
commencement. (Added 53 of 1993 s. 21)

(5) (a) Where there is a breach of a condition imposed under paragraph (a) of
subsection (2) which results in fewer dwellings or less accommodation being
erected than appeared in the plans lodged, the Tribunal may, on the
application of the Commissioner, impose a penalty of a sum not exceeding what
would have been the market value, at the time of the imposition, of the
building if it had been erected in accordance with the plans.

   (b)  Where there is a breach of a condition imposed under paragraph

   (b)  of subsection (2), the Tribunal may, on the application of the
        Commissioner,-

        (i)    where the applicant for an order for possession holds the
               premises under a Government lease or other tenancy from the
               Government, decree such breach to be a breach of covenant in
               the Government lease or of a condition or stipulation in the
               tenancy and a right of re-entry under the
               Government Rights (Re-entry and Vesting Remedies) Ordinance (
               Cap 126) shall accrue to the Government; or (Amended 29 of 1998
               s. 5)

        (ii)   in any case, impose a penalty not exceeding the market value of
               the premises at the time of the imposition of the penalty.

   (c)  Where there is a breach of any other condition imposed under
        subsection (2), the Tribunal may, on the application of the
        Commissioner, impose a penalty of a sum not exceeding $500000.

(6) In this section, "dwelling" (住宅) has the meaning given to that phrase
by section 50C(1). (Added 76 of 1981 s. 37)

"premises" (處所)

"rateable value" (應課差餉租值)

"dwelling" (住宅)