### Evidence Ordinance 《證據條例》

81. Warrant or order to bring up prisoner to give evidence
(1) Any judge of the Court of First Instance may, on application or on his own motion, issue a warrant or order for bringing up any person in lawful custody before any court to enable such person to prosecute, pursue, defend or be examined as a witness in, any proceedings, either criminal or civil, before such court. (Replaced 46 of 1967 s. 3)
(2) Any District Judge, magistrate, coroner appointed under the Coroners Ordinance (Cap. 504), adjudicator appointed under the Small Claims Tribunal Ordinance (Cap. 338), presiding officer appointed under the Labour Tribunal Ordinance (Cap. 25), judge of the Court of First Instance who is a member of the Competition Tribunal by the operation of section 135(1) of the Competition Ordinance (Cap. 619) or member of the Lands Tribunal referred to in section 4(1)(a), (b), (c) or (d) of the Lands Tribunal Ordinance (Cap. 17) may, on application or on his own motion, issue a warrant or order for bringing up any person in lawful custody before the District Court, magistrate, coroner, Small Claims Tribunal, Labour Tribunal, Competition Tribunal or Lands Tribunal, as the case may be, to enable such person to prosecute, pursue, defend or be examined as a witness in, any proceedings, either criminal or civil, before such District Court, magistrate, coroner, Small Claims Tribunal, Labour Tribunal, Competition Tribunal or Lands Tribunal. (Replaced 46 of 1967 s. 3. Amended 79 of 1981 s. 11; 27 of 1997 s. 62; 15 of 2014 s. 13; 18 of 2014 s. 43)
(3) Such prisoner or person shall be brought under the same care and custody, and be dealt with in like manner in all respects, as a prisoner required by any writ of habeas corpus awarded by the Court of First Instance to be brought before the said court to be examined as a witness in any cause or matter depending before the said court is by law required to be dealt with. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule)
(Amended 5 of 1924 s. 21; 25 of 1998 s. 2) [cf. 1853 c. 30 s. 9 U.K.]

### Evidence Ordinance 《證據條例》

82. Saving as to Wills Act 1837
Nothing in this Ordinance shall be construed to repeal any provisions contained in the Wills Act 1837 (1837 c. 26 U.K.).
(Amended 50 of 1911; 62 of 1911 Schedule; 5 of 1924 s. 21)

### Tenancy (Notice of Termination) (Exclusion) (Consolidation) Order 《租賃(終止租賃通知書)(豁除)(綜合)令》

1. Citation
This Order may be cited as the Tenancy (Notice of Termination) (Exclusion) (Consolidation) Order.
(E.R. 4 of 2020)

2. Tenancies excluded from the further application of the Ordinance
Tenancies held from—
(a) the Hong Kong Housing Authority,
(b) the Hong Kong Housing Society, and
(c) (Repealed L.N. 164 of 1992)(d) the Hong Kong Settlers Housing Corporation Limited, (L.N. 164 of 1992)
are excluded from the further application of Part V of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7).

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

1. Short title
This Ordinance may be cited as the Landlord and Tenant (Consolidation) Ordinance.

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

8. Assessment of standard rent
(1) The landlord or tenant of any premises to which this Part applies may apply to the Commissioner in the specified form for his assessment of the standard rent of such premises. (Replaced 93 of 1975 s. 2)
(2) (Repealed 93 of 1975 s. 2)(3) A certificate given pursuant to the provisions of this section by the Commissioner of his assessment of the standard rent of premises described therein shall be prima facie evidence of such standard rent in any legal proceedings whatsoever, whether civil or criminal. (Amended 93 of 1975 s. 2)
(Added 22 of 1953 s. 5)

9A. Relevance of prevailing market rent
The rent of any premises to which this Part applies—
(a) may, by virtue of section 9B; but
(b) shall not, by virtue of section 10,
exceed the prevailing market rent of the premises or, where the rates in respect of the premises are payable by the landlord, the aggregate of the following amounts—
(i) the prevailing market rent of the premises; and
(ii) the amount of the rates payable in respect of the premises.
(Replaced 53 of 1993 s. 5)

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

9B. Alterations in rent by agreement
(1) Subject to subsection (2), there shall be payable and recoverable by way of rent of premises to which this Part applies such amount as may be agreed between the landlord and tenant.
(2) Where an alteration in rent is agreed between a landlord and a tenant, the landlord shall lodge with the Commissioner a notice of the alteration in rent in triplicate in the specified form signed by both the landlord and tenant. (Amended E.R. 4 of 2020)
(3) A notice under subsection (2) is not valid unless—
(a) it is signed by the tenant not earlier than 1 month before the date on which it is lodged with the Commissioner and the alteration of rent to which it relates takes effect neither earlier than 1 month before, nor later than 6 months after, the date on which the notice is so lodged; or
(b) the notice is endorsed by the Commissioner, the application for which endorsement shall be accompanied by a fee of $500, to the effect that he is satisfied that the tenant understands the effect of the alteration in rent and has not been subject to any undue pressure or influence.
(4) Where a notice is lodged with the Commissioner under subsection (2), he shall record the agreement concerning the alteration in rent and shall endorse on 2 copies of the notice a statement to that effect and shall return 1 copy to the landlord and 1 copy to the tenant.
(5) Where there is an increase in rent under an agreement mentioned in subsection (2), a landlord shall not be entitled to maintain an action to recover rent at the increased rate unless a valid notice mentioned in that subsection is endorsed by the Commissioner under subsection (4).
(6) The security of tenure afforded to a tenant under section 48(3) shall apply where the rent payable by the tenant is increased by agreement, notwithstanding the failure of the landlord to lodge notice of it under subsection (2).
(7) Subject to section 10H, the rent of premises payable and recoverable by virtue of this section may be increased—
(a) by a further agreement to which this section applies;
(b) if the rent is less than the rent permitted under section 10(1), by an increase made under section 10(1A)(a) or by virtue of a certificate under section 10E;
(c) under section 10(3) or (3AC) only if, after the alteration in rent is agreed under this section, the landlord incurs expenditure on improvements as set out in that section, in which case section 10(3A) shall apply only in respect of expenditure incurred on improvements after the time of that agreement;
(d) under section 10AA, 10B or 10C.
(Added 53 of 1993 s. 6)