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

15. Offences
(1) Any person who—
(a) demands or receives rent in excess of the permitted rent of any premises, (Replaced 22 of 1953 s. 8)
(b)-(d) (Repealed 53 of 1993 s. 11)shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2. (Amended 22 of 1953 s. 8; E.R. 4 of 2020)
(1A) It shall be a defence for a person charged with demanding or receiving rent of any premises contrary to subsection (1) to prove—
(a) that the demand or receipt was made pursuant to a notice purportedly served under section 10(1A)(a); and
(b) that at the time of the demand or receipt he did not know and had no reason to believe that the rent demanded or received was in excess of the permitted rent of those premises. (Added 53 of 1993 s. 11)
(2) Upon conviction of a person of an offence against subsection (1), it shall be lawful for a magistrate, in addition to imposing a fine—
(a) to order the defendant to pay to the tenant any sum received in excess of the permitted rent; and (Replaced 53 of 1993 s. 11)
(b) if the defendant is a principal tenant to order his ejectment. (Replaced 22 of 1953 s. 8)
(3) Nothing in this section shall prejudice the right of any person to recovery by civil action any such sums as a magistrate may order to be paid under the provisions of subsection (2).
(4) 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 40 of 1984 s. 6. Amended E.R. 4 of 2020)
(25 of 1947 s. 8 incorporated)

16. Recovery of excessive payments by civil action
The person by whom any payment has been made the demanding or receiving of which is made an offence under the provisions of section 15 may recover the amount or value thereof by action: (Amended 76 of 1981 s. 11)
Provided that any action for such recovery shall be commenced within 6 months after the making of such payment.(25 of 1947 s. 9 incorporated. Amended 53 of 1993 s. 12)

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

17. Restriction on recovery of possession and effect of retention of possession
(1) No order against a tenant for the recovery of possession of or for ejectment from any premises to which this Part applies shall be made otherwise than under this Part or under any Ordinance empowering any court or magistrate to make an order terminating the tenancy of any premises or for the closure of or ejection of the tenant from, any premises, by reason of the use thereof for immoral or illegal purposes or of the dangerous, insanitary or overcrowded state thereof, or with respect to which any offence has been committed.
(2)  Any tenant who before 23 May 1947 has retained possession of any premises by virtue of any enactment repealed by this Part* and who is on 23 May 1947 in possession of premises to which this Part applies and any tenant who shall retain possession by virtue of this Part shall so long as he retains possession observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as the same are consistent with this Part, and shall be entitled to give up possession only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required on giving not less than 1 month’s notice:
Provided that notwithstanding anything in the contract of tenancy a landlord who obtains an order for the recovery of possession from or the eviction of any tenant retaining possession as aforesaid shall not be required to give any notice to quit to the tenant. 
(3) Subsection (1) shall not apply to—
(a) proceedings by a person claiming under a title adverse and superior to that under which the original tenancy, by virtue of which the tenant became entitled to retain possession, was derived; or
(b)  proceedings against a derivative landlord:
Provided that no order or judgment against a derivative landlord for the recovery of possession or ejectment therefrom shall affect the right of any sub-tenant to whom the premises or any part thereof shall have been lawfully sublet before proceedings for recovery of possession or ejectment were commenced to retain possession under this section or be in any way operative against any such sub-tenant. 
(4) Notwithstanding the provisions of subsection (1), a closure order may be made under section 27 (Closure Order) of the Buildings Ordinance (Cap. 123). (Added 43 of 1949 s. 3)
(25 of 1947 s. 5 incorporated) Editorial Note:
* See s. 38 of the Landlord and Tenant Ordinance 1947 (25 of 1947).

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

18. No surrender etc. of tenancy without approval
(1) Subject to subsection (2), a tenant may agree to surrender or terminate his tenancy. (Replaced 53 of 1993 s. 13)
(2) An agreement mentioned in subsection (1) shall have no effect unless it is—
(a) in such form as the Commissioner shall approve;
(b) endorsed by the Commissioner under subsection (3)(c); and
(c) lodged with the Commissioner within 28 days of its execution, with such fee as may be determined by the Financial Secretary. (Replaced 53 of 1993 s. 13)
(3) The Commissioner or any public officer authorized by him in that behalf—
(a) shall satisfy himself that the tenant—
(i) in entering or proposing to enter into an agreement under this section understands the effect of such agreement; and
(ii) in signing or agreeing to sign such an agreement has not been subject to any undue pressure or influence; and
(b) may make such inquiries as he thinks fit for the purposes of paragraph (a); and
(c) shall, if satisfied as to the matters specified in paragraph (a), endorse upon the agreement a certificate to that effect in such form as the Commissioner shall, from time to time, specify. (Amended 93 of 1975 s. 5; 32 of 1985 s. 3)
(4) Nothing in subsection (3) shall be construed as imposing upon the Commissioner or any public officer any duty to inquire into or be satisfied as to the reasonableness or otherwise of the consideration specified in the agreement.
(5) Where, after the commencement* of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1973 (64 of 1973), an agreement is made for the surrender or termination of a tenancy under subsection (1), the premises to which the agreement relates shall be excluded from the further application of this Part. (Added 64 of 1973 s. 2)
(Added 40 of 1968 s. 2. Amended 18 of 1974 s. 2; 10 of 1975 s. 6) Editorial Note:
* Commencement date: 16 November 1973.

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

19A. Provision of rent receipts
(1) A landlord shall give to his tenant, at the time the tenant pays the rent, a receipt for the amount of rent paid and the receipt shall contain—
(a) the name and address of the landlord;
(b) the period in respect of which such rent was paid; and
(c) the date of payment.
(2) A landlord who fails to comply with subsection (1) commits an offence and is liable to a fine at level 1. (Amended E.R. 4 of 2020)
(Added 29 of 1983 s. 6)