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

120AAZU. Commissioner’s endorsement of notice of tenancy
(1) On receiving a notice submitted under section 120AAZT, the Commissioner must—
(a) endorse the notice with the date of its receipt; and
(b) notify the landlord and tenant of the receipt of the notice.
(2) The landlord may not maintain an action to recover any rent under the tenancy unless the notice is endorsed by the Commissioner under subsection (1).

120AAZV. Commissioner may serve requisition
(1) For the purposes of this Part, the Commissioner may serve on any person a requisition in the specified form in relation to any premises.
(2) The person must—
(a) within the period specified by the Commissioner; and
(b) in writing,
provide to the Commissioner any particulars reasonably required by the requisition.
(3) If the person, without reasonable excuse, refuses or neglects to comply with subsection (2), the person commits an offence.
(4) A person who commits an offence under subsection (3) is liable on conviction to a fine at level 3 and to imprisonment for 3 months.

120AAZW. Commissioner may require reference documents
(1) For the purposes of this Part, the Commissioner may require the landlord or tenant of any premises (provider

120AAZX. Commissioner may enter premises with consent
The Commissioner may, with the occupier’s consent, enter any premises at any reasonable time for the following purposes—
(a) to carry out an inspection of the premises under section 120AAZR;
(b) to ascertain whether an offence under this Part is being, or has been, committed in relation to the premises.

120AAZY. Commissioner may enter premises with warrant
(1) If the Commissioner—
(a) fails to obtain the occupier’s consent for; or
(b) is otherwise frustrated or obstructed in,
entering any premises for the purposes mentioned in section 120AAZX, the Commissioner may apply to a magistrate for a warrant to enter the premises for those purposes.
(2) The Commissioner may, with a warrant issued under subsection (3), enter (by the use of reasonable force if necessary) the premises and exercise any of the powers specified in section 120AAZZ(1) and (2) (each a specified power

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

120AAZZ. Powers after entry
(1) The following are powers specified for the purposes of section 120AAZY(2) if the entry is for the purpose mentioned in section 120AAZX(a)—
(a) to inspect the premises;
(b) to take any measurements and other particulars of the premises that the Commissioner considers appropriate;
(c) to take any photograph and video recording inside the premises;
(d) to require any person present on the premises to provide any assistance or information necessary for enabling the Commissioner to perform the Commissioner’s functions under section 120AAZR.
(2) The following are powers specified for the purposes of section 120AAZY(2) if the entry is for the purpose mentioned in section 120AAZX(b)—
(a) to inspect and search the premises;
(b) to examine any document found on the premises;
(c) to take any measurements and other particulars of the premises that the Commissioner considers appropriate;
(d) to take any photograph and video recording inside the premises;
(e) to seize and detain anything that is, or that appears to be or to contain, or that is likely to be or to contain, evidence of the commission of an offence under this Part in relation to the premises, and to take the steps that appear to be necessary for preserving the thing so seized or preventing interference with it;
(f) to do anything necessary for ascertaining whether an offence under this Part is being, or has been, committed in relation to the premises;
(g) to require any person present on the premises to provide any assistance or information necessary for enabling the Commissioner to perform the Commissioner’s functions for the purpose mentioned in section 120AAZX(b).

120AAZZA. Commissioner may disclose information
(1) The Commissioner may disclose any information obtained under this Part to a specified person if the Commissioner considers that the disclosure will enable or assist the specified person to exercise a power (including a right) conferred, or perform a function (including a duty) imposed, on the person by—
(a) this Ordinance;
(ab) regulation 47, 47A, 47B or 47C of the Waterworks Regulations (Cap. 102 sub. leg. A); (Added 7 of 2024 s. 8)
(b) the Rating Ordinance (Cap. 116); or
(c) the Government Rent (Assessment and Collection) Ordinance (Cap. 515).
(2) In subsection (1)—
specified person (指明人士) means—(a) the Court of First Instance;
(b) the District Court;
(c) the Tribunal;
(d) a magistrate; or
(e) a public officer acting in the capacity of a public officer.

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

120AAZZB. Costs
In any proceedings under this Part, the court must not make any order as to costs against a party unless that party has conducted the case in a frivolous or vexatious manner.

120AAZZC. Giving evidence in proceedings
(1) Subject to subsection (2)—
(a) neither the Commissioner nor an RVD officer may be called to give evidence in proceedings before the court; and
(b) no subpoena may be issued against the Commissioner or an RVD officer.
(2) The Commissioner or an RVD officer may only be called to give evidence in any proceedings before the court for determining whether or not a tenancy is a domestic tenancy for the purposes of section 120AAB(1)(b).

120AAZZD. Use of returned requisition as evidence
(1) A returned requisition is, in any proceedings before the Tribunal, a magistrate, the District Court or the Court of Appeal, admissible as evidence of the facts stated in the returned requisition.
(2) A document purporting to be a returned requisition is in the proceedings 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 the person in that capacity.
(3) In this section—
returned requisition (交回報表) means either—(a) a notice submitted to the Commissioner under section 120AAZT(2); or
(b) a requisition—
(i) served under section 120AAZV(1) on a person;
(ii) served under section 5(1)(a) of the Rating Ordinance (Cap. 116) on a person who is 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 a person who is the lessee of an applicable lease or the owner or occupier of a tenement,
and returned by the person to the Commissioner containing (or purporting to contain) all or any of the particulars required to be given by the person to the Commissioner.