### Landlord and Tenant (Consolidation) Ordinance 《業主與租客(綜合)條例》

119TA. Use of returned requisition as evidence
(1) A returned requisition shall, in any proceedings before the Tribunal, a magistrate, the District Court or the Court of Appeal, be admissible as evidence of the facts stated in the returned requisition; and any document purporting to be a returned requisition shall in any such proceedings be presumed, unless the contrary is shown—
(a) to be such a returned requisition;
(b) to have been made by the person by whom it purports to have been made; and
(c) if it purports to have been made by a person in a capacity specified in the returned requisition, to have been made by him in that capacity.
(2) In subsection (1), returned requisition (已交回的申報表) means either—
(a) a notice under section 119L(1) lodged with the Commissioner; or
(b) a requisition—
(i) served under section 119T(1)(a) on a person;
(ii) served under section 5(1)(a) of the Rating Ordinance (Cap. 116) on the owner or occupier of a tenement; or
(iii) served under section 31(1)(a) of the Government Rent (Assessment and Collection) Ordinance (Cap. 515) on the lessee of an applicable lease or the owner or occupier of a tenement,
and returned by him to the Commissioner containing or purporting to contain all or any of the particulars required to be given by him to the Commissioner.
(Added 32 of 2002 s. 26)

### Landlord and Tenant (Consolidation) Ordinance 《業主與租客(綜合)條例》

119U. Refusal to furnish information and obstruction
(1) Any person who, without reasonable excuse—
(a) refuses or neglects to furnish any of the particulars specified under section 119T(1)(a);
(b) refuses or neglects to exhibit any document he is required to exhibit under section 119T(1)(b);
(c) refuses to allow the Commissioner to take copies of any document exhibited under section 119T(1)(b); or
(d) obstructs or evades the exercise of any power under section 119T(1)(c), (d) or (e),
commits an offence and is liable to a fine at level 3 and to imprisonment for 3 months. (Amended E.R. 4 of 2020)
(2) Where the Commissioner is frustrated or obstructed in the exercise of any power under section 119T(1)(c), (d) or (e), he may apply to the court for an order authorizing him to enter and inspect the premises concerned and exercise his powers and requiring the landlord, tenant, occupier or person having control of the premises to allow the Commissioner to enter and inspect those premises and exercise his powers; and the court shall have jurisdiction to make such order as it thinks fit.
(3) An application under subsection (2) may be made at the conclusion of any proceedings in respect of an alleged offence under subsection (1) (whether or not any person is convicted) or independently of any such proceedings.
(4) In this section, court (法院) means the District Court, the Tribunal or a magistrate.
(Added 53 of 1993 s. 30)

### Landlord and Tenant (Consolidation) Ordinance 《業主與租客(綜合)條例》

119V. Harassment
(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 $500,000 and to imprisonment for 12 months;
(b) on a second or subsequent conviction, to a fine of $1,000,000 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 $500,000 and to imprisonment for 12 months;
(ii) on a second or subsequent conviction, to a fine of $1,000,000 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)

### Landlord and Tenant (Consolidation) Ordinance 《業主與租客(綜合)條例》

119W. False statement
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 at level 2.
(Added 53 of 1993 s. 30. Amended E.R. 4 of 2020)

119X. Forms
(1) The Commissioner may specify the forms to be used under this Part.
(2) The Commissioner may publish in the Gazette any form specified by him under subsection (1).
(3) The Commissioner may in his discretion accept any notice or application served on him which is not in the specified form.
(Added 53 of 1993 s. 30)

119Y. Service of notice
(1) Service of any notice, application, certificate or other document under this Part or of a notice to quit in respect of a periodic tenancy to which this Part applies may be effected—
(a) by personal service;
(b) by post, addressed to the last known place of business or residence of the person to be served;
(c) in the case of service on a tenant, by leaving the notice, application, certificate or other document with an adult occupier of the premises in which the tenant resides and to which such document relates; or
(d) by affixing a copy of it to a prominent part of the premises to which it relates.
(2) A certificate purporting to be signed by a person who states in that certificate that he effected service under subsection (1) shall be prima facie evidence of the facts stated therein relating to that service.
(Added 53 of 1993 s. 30)