Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 119V

Harassment

(Past version on 30/06/1997).

(1) Any person who unlawfully deprives a tenant or sub-tenant of occupation of
any premises commits an offence and is liable on conviction on indictment by
the court-

   (a)  on a first conviction, to a fine of $500000 and to imprisonment for 12
        months;

   (b)  on a second or subsequent conviction, to a fine of $1000000 and to
        imprisonment for 3 years.

(2) Subject to subsection (3), any person who, in relation to any premises-

   (a)  either-

        (i)    does any act calculated to interfere with the peace or comfort
               of the tenant or sub-tenant or members of his household; or

        (ii)   persistently withdraws or withholds services reasonably
               required for occupation of the premises as a dwelling; and

   (b)  knows, or has reasonable cause to believe, that that conduct is likely
        to cause the tenant or sub-tenant-

        (i)    to give up occupation of the premises; or

        (ii)   to refrain from exercising any right or pursuing any remedy in
               respect of the premises, commits an offence and is liable on
               conviction on indictment by the court-

        (i)    on a first conviction, to a fine of $500000 and to imprisonment
               for 12 months;

        (ii)   on a second or subsequent conviction, to a fine of $1000000 and
               to imprisonment for 3 years.

(3) A person does not commit an offence under subsection (2) if he proves that
he had reasonable grounds for doing the act, or withdrawing or withholding the
services, concerned.

(4) Where a person is convicted of an offence under subsection (1) or (2), the
court, in addition to passing sentence, may order the person convicted-

   (a)  to pay to the tenant or sub-tenant such sum as it thinks fit by way of
        compensation for damage, loss or inconvenience suffered by the tenant
        or sub-tenant by reason of the conduct constituting the offence;

   (b)  to forfeit to the Government a sum not exceeding the equivalent of the
        difference at the date of the contravention between the market value
        of the premises with vacant possession and the market value of the
        premises with the former tenant or sub-tenant in possession.

(5) In this section-

"premises" (處所) includes part of any premises. (Replaced 32 of 2002 s. 27)

"premises" (處所)