Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 18

No surrender etc. of tenancy without approval

(1) Subject to subsection (2), a tenant may agree to surrender or terminate
his tenancy. (Replaced 53 of 1993 s. 13)

(2) An agreement mentioned in subsection (1) shall have no effect unless it
is-

   (a)  in such form as the Commissioner shall approve;

   (b)  endorsed by the Commissioner under subsection (3)(c); and

   (c)  lodged with the Commissioner within 28 days of its execution, with
        such fee as may be determined by the Financial Secretary. (Replaced 53
        of 1993 s. 13)

(3) The Commissioner or any public officer authorized by him in that behalf-

   (a)  shall satisfy himself that the tenant-

        (i)    in entering or proposing to enter into an agreement under this
               section understands the effect of such agreement; and

        (ii)   in signing or agreeing to sign such an agreement has not been
               subject to any undue pressure or influence; and

   (b)  may make such inquiries as he thinks fit for the purposes of paragraph
        (a); and

   (c)  shall, if satisfied as to the matters specified in paragraph

   (a)  , endorse upon the agreement a certificate to that effect in such form
        as the Commissioner shall, from time to time, specify. (Amended 93 of
        1975 s. 5; 32 of 1985 s. 3)

(4) Nothing in subsection (3) shall be construed as imposing upon the
Commissioner or any public officer any duty to inquire into or be satisfied as
to the reasonableness or otherwise of the consideration specified in the
agreement.

(5) Where, after the commencement of the Landlord and Tenant (Consolidation)
(Amendment) Ordinance 1973 (64 of 1973), an agreement is made for the
surrender or termination of a tenancy under subsection (1), the premises to
which the agreement relates shall be excluded from the further application of
this Part. (Added 64 of 1973 s. 2) (Added 40 of 1968 s. 2. Amended 18 of 1974
s. 2; 10 of 1975 s. 6)