Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 48

Expiry of this Part

(1) Subject to subsections (3), (4) and (5), this Part, except sections 6 and
7, shall expire at midnight on 31 December 1998. (Amended L.N. 518 of 1996)

(2) The Legislative Council may by resolution amend subsection (1) by
substituting for the date specified in that subsection such date as may be
specified in the resolution.

(3) If, within 1 year before the expiry of this Part under subsection (1)-

   (a)  an increase in the rent of any premises, other than an increase under
        section 10(2), (3) or (3AC), 10AA, 10B or 10C, becomes effective;

   (b)  a notice of an alteration in rent of any premises is lodged with the
        Commissioner under section 9B(2);

   (c)  the landlord of any premises serves notice of an increase in rent in
        accordance with section 10(1A)(a) or 10G(1); or

   (d)  the Tribunal makes an order in respect of an appeal under
        section 32(aa) from a decision of the Commissioner under section 10F,
        this Part, except section 10D, shall continue to apply to those
        premises for a period of 1 year from the date on which that increase
        or alteration becomes effective.

(4) If, before this Part ceases to apply to any particular premises, the
landlord or tenant of those premises serves and posts notice of his desire to
obtain an order of the Tribunal under section 4(2) excluding the premises from
the further application of this Part-

   (a)  section 4 shall continue to apply to that application notwithstanding
        this section; and

   (b)  if an order is made under section 4(2) the tenancy of the premises
        shall be excluded from the application of Part IV.

(5) If, before this Part ceases to apply to any particular premises, a tenant
of those premises agrees in such form as the Commissioner shall approve to
surrender or terminate his tenancy-

   (a)  that agreement may become effective under section 18 notwithstanding
        this section; and

   (b)  if the agreement becomes effective the tenancy shall be surrendered or
        terminated notwithstanding Part IV.

(6) If, before this Part ceases to apply to any particular premises, an
application is made under section 33, 35 or 36 for the recovery of possession
of those premises or for the ejectment of a tenant or occupier of those
premises-

   (a)  that section and sections 34, 37, 38, 39, 40, 43 and 43A shall
        continue to apply to that application notwithstanding this section;

   (b)  an order of the Tribunal under section 33(1), 35(1) or 36 shall take
        effect notwithstanding Part IV; and

   (c)  any tenancy deemed to arise under section 34 after this Part has
        ceased to apply to the premises shall be governed by Part IV.

(7) Subject to subsections (4), (5) and (6), when by virtue of subsection (1)
or (3) this Part ceases to apply to any particular premises, Part IV shall
apply to the tenancy of those premises. (Added 53 of 1993 s. 18)