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

74. 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, or sub-tenancy, to which this Part applies may be effected— (Amended 40 of 1984 s. 29)
(a) by personal service;
(b) by post, addressed to the last known place of business or residence of the person to be served; (Amended 39 of 1979 s. 17; 29 of 1983 s. 26)
(c) in the case of service on a tenant or sub-tenant, by leaving the notice, application, certificate or other document with an adult occupier of the premises in which the tenant or sub-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. (Added 29 of 1983 s. 26)
(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 29 of 1983 s. 26)

74A. Saving
Nothing in this Part shall—
(a) authorize any increase in rent in respect of a tenancy or sub-tenancy which is not a tenancy or sub-tenancy continuing under section 52(1); or (Replaced 40 of 1984 s. 30)
(aa) (Repealed 76 of 1981 s. 51)(b) subject to section 53(1)(c), (4A), (4B), (5), (6), (6A) and (6B), afford to any sub-tenant any security of tenure greater than that enjoyed by his principal tenant. (Amended 76 of 1981 s. 51; 29 of 1983 s. 27)

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

74C. Provisions transitional to the enactment of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980
For the avoidance of doubt it is hereby declared that—
(a) where prior to 18 December 1979 a tenant or sub-tenant—
(i) was in possession of premises under a tenancy or sub-tenancy which became subject to this Part on that date by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980); and 
(ii) made an agreement with his landlord or principal tenant for a new tenancy or sub-tenancy of the premises to commence on or after 18 December 1979, or for a continuation of the existing tenancy or sub-tenancy at an increased rent to take effect on or after that date,
he shall be entitled to the benefits and protection afforded by this Part as if the agreement had not been made;
(b) where a tenant or sub-tenant—
(i) was immediately prior to 18 December 1979 in possession of premises under a tenancy or sub-tenancy which was subject to this Part, or which became subject to this Part on that date by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980); and
(ii) made an agreement with his landlord or principal tenant on or after 18 December 1979 and before the commencement* of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980) for an increase in rent,
the amount of rent recoverable by the landlord or principal tenant shall be the amount so agreed, whether or not any notice has been lodged under section 55;
(c) where a tenant or sub-tenant has paid by way of rent any amount which, by virtue of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 1980 (6 of 1980), is not recoverable by the landlord or principal tenant, the tenant or sub-tenant shall be entitled to recover the amount from the landlord or principal tenant who received it or from his personal representatives.
(Added 6 of 1980 s. 15) Editorial Note:
* Commencement date: 15 February 1980.

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

75. Interpretation
In this Part, unless the context otherwise requires—
Commissioner (署長) means the Commissioner of Rating and Valuation; (Added 32 of 2002 s. 2)
court (法院) means the District Court;

rateable value (應課差餉租值) means—
(a) in the case of premises being a tenement included in the valuation list in force under section 14 of the Rating Ordinance (Cap. 116), the rateable value shown in that list; or (Amended 22 of 1995 s. 36)
(b) in any other case, the rateable value certified under section 75A; (Added 37 of 1986 s. 4)

Registrar (司法常務官) means the Registrar of the District Court;
warrant (手令) means a warrant of distress for arrears of rent.
(Amended 5 of 1924 Schedule; 13 of 1966 Schedule; 22 of 1995 s. 36)

75A. Certificate as to rateable value
(1) For the purposes of ascertaining the rateable value of any premises in connection with any application under section 101 a certificate purporting to be under the hand of an officer of the Rating and Valuation Department not below the rank of Rent Officer showing in respect of any particular day— (Amended 32 of 2002 s. 3)
(a) in the case of premises being a tenement included in the valuation list in force under section 14 of the Rating Ordinance (Cap. 116), the rateable value shown in that list; or (Amended 22 of 1995 s. 36)
(b) in any other case, whether or not the rateable value of those premises exceeds the sum mentioned in section 101(1),
shall be admissible in any proceedings on its production and without further proof and shall be prima facie evidence of the facts stated therein.
(2) A person may apply to the Commissioner for a certificate under subsection (1). (Added 32 of 2002 s. 3)
(3) An application under subsection (2) shall—
(a) be made by sending a notice in the specified form to the Commissioner; and
(b) be accompanied by such fee as may be determined by the Financial Secretary by notice published in the Gazette. (Added 32 of 2002 s. 3)
(4) The Commissioner shall comply with an application under subsection (2). (Added 32 of 2002 s. 3)
(Added 37 of 1986 s. 5)