Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 6

Re-entry by Government

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 29 of 1998 s. 4

(1) Where-

   (a)  there is a breach of any condition of an order made under section 4 in
        respect of premises on land which the landlord holds under a
        Government lease or other tenancy from the Government; or

   (b)  prior to the making of an order under section 4 in respect of any such
        premises there has been made an assignment or underlease of, or an
        agreement to assign or underlet, an undivided share of or in the land
        together with the right to the exclusive possession, use, occupation
        or enjoyment of any portion of any building to be erected thereon
        pursuant to such order, (Amended 76 of 1981 s. 6) such breach, or
        assignment or underlease, or agreement to assign or underlet shall be
        deemed to be a breach of a covenant in the Government lease, or of a
        condition or stipulation of the tenancy of such land, and a right of
        re-entry thereon under the Government Rights (Re-entry and 
        Vesting Remedies) Ordinance ( Cap 126) shall be deemed to have accrued
        to the Government.

(2) Where a right of re-entry is deemed under subsection (1) to have accrued
to the Government and in exercise of such right the Government has re-entered
upon the land, any person who has taken an assignment or underlease, or has
entered into an agreement to take an assignment or underlease, of an undivided
share of or in the land together with the right to exclusive possession, use,
occupation or enjoyment of any portion of any building to be erected thereon
shall, in addition to any other claim he may have, be entitled to recover from
the person to whom it was paid any money or other property which passed,
whether by way of consideration or otherwise, under or by virtue of such
assignment, underlease or agreement.

(3) Subsection (1)(b) shall not apply to an assignment or underlease of, or an
agreement to assign or underlet, an undivided share of or in land where the
consideration or part of the consideration therefor is the erection of the
building to be erected on the land pursuant to an order made under section 4.
(Replaced 46 of 1975 s. 2. Amended 29 of 1998 s. 4)