Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 49

Interpretation

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 23 of 1998 s. 2; 29 of 1998 s.
105 PART II

TENURE AND RENT OF DOMESTIC PREMISES

Interpretation and Application

In this Part, unless the context otherwise requires-

"Building Authority" (建築事務監督) means the Building Authority under
the Buildings Ordinance ( Cap 123);

"Commissioner" (署長) means the Commissioner of Rating and Valuation;

"court" (法院) means the District Court;

"current rent" (現行租金) means, except in section 51B, the rent,
exclusive of rates, payable by a tenant at the date of an application under
section  57 ; (Amended 40 of 1984 s. 13)

"forfeiture" (沒收租賃權) means forfeiture-

   (a)  for breach of any provision of a tenancy or sub-tenancy; or

   (b)  under a provision of a tenancy or sub-tenancy allowing forfeiture or
        determination following the destruction, or partial destruction, of or
        damage to the premises; (Added 40 of 1984 s. 13)

"landlord" (業主) includes any person, other than the Government, who is
from time to time entitled to receive rent in respect of any premises and, in
relation to a particular tenant, means a person entitled to receive rent from
such tenant; (Amended 29 of 1998 s. 105)

"prevailing market rent" (市值租金) means, except in section 51B, the
rent, exclusive of rates, at which premises the subject matter of a tenancy to
which this Part applies might reasonably be expected to be let, at the date
upon which the Commissioner issues his certificate under section 58, on the
terms of the tenancy (other than those relating to rent and duration of the
tenancy) but disregarding the effect of this Part; (Amended 29 of 1983 ss. 10
& 46; 40 of 1984 s. 13)

"principal tenant" (主租客) means a tenant of premises, other than a
Government lessee, who has sublet the whole or any part or parts thereof as a
separate holding or holdings; (Amended 29 of 1998 s. 105)

"repealed Part II" (已廢除的第II部) means Part II of the Ordinance
repealed by section 2 of the Landlord and Tenant (Consolidation) (Amendment)
(No. 2) Ordinance 1973 (78 of 1973);

"tenancy" (租賃) includes an agreement for a tenancy;

"tenant" (租客) or "sub-tenant" (分租客) does not include a Government
lessee but includes- (Amended 29 of 1998 s. 105)

   (a)  a person who, on 18 December 1979, is in possession of premises the
        subject matter of a tenancy or sub-tenancy to which this Part, whether
        by virtue of the Landlord and Tenant (Consolidation) (Amendment)
        Ordinance 1980 (6 of 1980) or otherwise, applies; (Amended 6 of 1980
        s. 2)

   (b)  (Repealed 6 of 1980 s. 2)

   (c)  a person who retains possession of any premises by virtue of this
        Part; (Amended 93 of 1975 s. 12)

   (d)  any government other than the Government of the Hong Kong Special
        Administrative Region, or a public body, corporation, partnership or
        firm, which is the tenant or sub-tenant of premises the subject matter
        of a tenancy or sub-tenancy to which this Part applies; (Added 6 of
        1980 s. 2. Amended 23 of 1998 s. 2)

"tenement" (物業單位) means any building, structure, or part thereof,
which is held or occupied as a distinct or separate tenancy or holding or
under any licence; (Added 93 of 1975 s. 12)

"Tribunal" (審裁處) means the Lands Tribunal established under the Lands 
Tribunal Ordinance ( Cap 17). (Replaced 76 of 1981 s. 31)

"Building Authority" (建築事務監督)

"Commissioner" (署長)

"court" (法院)

"current rent" (現行租金)

"forfeiture" (沒收租賃權)

"landlord" (業主)

"prevailing market rent" (市值租金)

"principal tenant" (主租客)

"repealed Part II" (已廢除的第II部)

"tenancy" (租賃)

"tenant" (租客) or "sub-tenant" (分租客)

"tenement" (物業單位)

"Tribunal" (審裁處)