Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 15

Offences

(1) Any person who-

   (a)  demands or receives rent in excess of the permitted rent of any
        premises; (Replaced 22 of 1953 s. 8)

   (b)  -(d) (Repealed 53 of 1993 s. 11) shall be guilty of an offence and
        shall be liable on summary conviction to a fine of $4000. (Amended 22
        of 1953 s. 8)

(1A) It shall be a defence for a person charged with demanding or receiving
rent of any premises contrary to subsection (1) to prove-

   (a)  that the demand or receipt was made pursuant to a notice purportedly
        served under section 10(1A)(a); and

   (b)  that at the time of the demand or receipt he did not know and had no
        reason to believe that the rent demanded or received was in excess of
        the permitted rent of those premises. (Added 53 of 1993 s. 11)

(2) Upon conviction of a person of an offence against subsection

(1), it shall be lawful for a magistrate, in addition to imposing a fine-

   (a)  to order the defendant to pay to the tenant any sum received in excess
        of the permitted rent; and (Replaced 53 of 1993 s. 11)

   (b)  if the defendant is a principal tenant to order his ejectment.
        (Replaced 22 of 1953 s. 8)

(3) Nothing in this section shall prejudice the right of any person to
recovery by civil action any such sums as a magistrate may order to be paid
under the provisions of subsection (2).

(4) Any person who, in any document required under this Part to be lodged with
or served on the Commissioner, makes a false statement, knowing it to be false
or not believing it to be true, commits an offence and is liable to a fine of
$5000. (Added 40 of 1984 s. 6)

(25 of 1947 s. 8 incorporated)