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

120AAZZE. Providing false or misleading particulars etc.
(1) This section applies if a person is required to—
(a) provide any particulars required by a requisition, any reference document or any other information to the Commissioner under this Part; or
(b) submit a notice in the specified form to the Commissioner to notify the Commissioner of any particulars of a tenancy under section 120AAZT(2).
(2) A person commits an offence if the person—
(a) in purported compliance with the requirement—
(i) provides any particulars that are false or misleading in a material particular;
(ii) provides any reference document that is false or misleading in a material particular; or
(iii) says or states anything (when providing the particulars, reference document or information) that is false or misleading in a material particular; and
(b) knows that, or is reckless as to whether or not, the particulars, reference document or information, or the thing said or stated, is false or misleading in a material particular.
(3) A person who commits an offence under subsection (2) is liable on conviction to a fine at level 3 and to imprisonment for 3 months.
(4) In this section—
reference document (參考文件) has the meaning given by section 120AAZW(6).

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

120AAZZF. Use of incriminating evidence in proceedings
(1) This section applies if the Commissioner requires a person to provide any particulars required by a requisition under section 120AAZV(2).
(2) The Commissioner must ensure that the requisition served on the person contains sufficient information to inform and remind the person of the limitations imposed by subsection (3) on the admissibility in evidence of the Commissioner’s requirement and the person’s response.
(3) Despite anything in this Ordinance, if the conditions specified in subsection (4) are satisfied, the Commissioner’s requirement and the person’s response are not admissible in evidence against the person in criminal proceedings.
(4) The conditions are—
(a) that the person’s response might tend to incriminate the person; and
(b) that the person so claims before giving the response.
(5) However, a person is not excused from complying with a requirement imposed on the person under section 120AAZV(2) only on the ground that to do so might tend to incriminate the person.
(6) Subsection (3) does not apply to any criminal proceedings in which the person is charged with an offence in respect of the person’s response—
(a) under section 120AAZV or 120AAZZE; or
(b) under Part V of the Crimes Ordinance (Cap. 200).
(7) In this section—
response (回應), in relation to a person, means any particulars provided by the person as required by a requisition under section 120AAZV(2).

120AAZZG. 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 under subsection (1).
(3) The Commissioner may, if considered appropriate, accept any notice or application submitted to the Commissioner that is not in the specified form.

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

120AAZZH. Service of documents
(1) Service of any specified document under this Part may only be effected—
(a) by personal service;
(b) by post or courier, addressed to the last known place of business or residence of the person to be served; or
(c) if it is to be served on a tenant—
(i) by leaving the specified document with an adult occupier of the premises in which the tenant resides and to which the document relates; or
(ii) by affixing a copy of it to a prominent part of the premises in which the tenant resides and to which it relates.
(2) A certificate purporting to be signed by a person who states in the certificate that the person effected service under subsection (1) is, unless proved otherwise, evidence of the facts stated in the certificate relating to the service.
(3) Subsection (1)(c)(ii) does not apply if the specified document is a tenancy in writing or Form AR1.
(4) In this section—
specified document (指明文件) means any notice (other than a notice under section 120AAZJ(2)), form, application, certificate or other document.

120A. Interpretation
In this Part, unless the context otherwise requires—
Commissioner (署長) means the Commissioner of Rating and Valuation; (Added 39 of 1979 s. 20)
landlord (業主) includes any person, other than the Government, who is from time to time entitled to receive rent in respect of any premises and, in relation to a particular tenant, means a person entitled to receive rent from such a tenant; (Added 39 of 1979 s. 20. Amended 29 of 1998 s. 105)
premises (處所) means the subject matter of any tenancy; (Added 39 of 1979 s. 20)
principal tenant (主租客) means a tenant of premises other than a Government lessee, who has or shall sublet any part or parts thereof as a separate holding or holdings; (Added 39 of 1979 s. 20. Amended 29 of 1998 s. 105)
Tribunal (審裁處) means the Lands Tribunal established under the Lands Tribunal Ordinance (Cap. 17). (Added 76 of 1981 s. 53)
(Added 39 of 1979 s. 19. Amended 32 of 2002 s. 28; 16 of 2004 s. 14)

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

122. (Repealed 16 of 2004 s. 8) Editorial Note:
This section was repealed by s. 8 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2004 (16 of 2004). For the saving provisions, see s. 9 of 16 of 2004.

123. Exclusion of tenancies from this Part
(1) (Repealed 52 of 1981 s. 13)
(2) The Chief Executive in Council may in his absolute discretion by order exclude from the further application of this Part or of any provisions contained in this Part any class of tenancy, and class of premises or any particular tenancy or premises. (Amended 39 of 1979 s. 22; 44 of 2000 s. 3)
(3) (Repealed 52 of 1981 s. 13)
(14 of 1962 s. 4 incorporated. Amended 18 of 1974 s. 5)

124. (Repealed 16 of 2004 s. 8) Editorial Note:
This section was repealed by s. 8 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2004 (16 of 2004). For the saving provisions, see s. 9 of 16 of 2004.

126. Covenant to pay rent to be implied
In the absence of any express covenant for the payment of rent and condition for forfeiture, there shall be implied in every tenancy a covenant to pay the rent on the due date and a condition for forfeiture for non-payment within 15 days of the due date.
(Added 37 of 1965 s. 3)

127. (Repealed 16 of 2004 s. 8) Editorial Note:
This section was repealed by s. 8 of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2004 (16 of 2004). For the saving provisions, see s. 9 of 16 of 2004.