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

110. Restoration of property removed but bona fide sold
If the property or any part thereof so removed or carried away under section 108 or 109 has been sold bona fide and for a sufficient consideration, before or after removal from the premises distrained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was removed or carried away, or was to be removed or carried away, so as to prevent or hinder the landlord or lessee from distraining, the same, or so much thereof as has been so sold, shall be restored by the bailiff distraining or by the court on application under section 93.
(1 of 1883 s. 39 incorporated)

111. Fraudulent removal of property by tenant
Any tenant or lessee or person in possession or occupation who fraudulently removes or carries away movable property under section 108 or 109, and any person who wilfully and knowingly aids or assists such tenant or lessee or person in such fraudulent removal or carrying away, shall be guilty of an offence triable upon indictment.
(1 of 1883 s. 40 incorporated. Amended 50 of 1991 s. 4; 32 of 2002 s. 6)

112. Protection against irregularity in proceedings
Where any distress is made for any sum of money to be levied by virtue of this Part, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the proceeding relating thereto, nor shall the party distraining be deemed a trespasser from the beginning on account of any irregularity which may afterwards be committed by the party so distraining, but the person aggrieved by such irregularity may recover satisfaction for the special damages in an action under section 97.
(1 of 1883 s. 42 incorporated)

113. Exclusion of Government rents
Nothing in this Part shall be held to apply to rents due to the Government.
(1 of 1883 s. 43 incorporated. Amended 29 of 1998 s. 105)

114. Power to amend Schedules
The Chief Justice may by notice published in the Gazette amend the Fourth Schedule and the Fifth Schedule in any manner whatsoever.
(Added 17 of 1929 s. 2. Amended 72 of 1973 s. 2; 44 of 2000 s. 3; 32 of 2002 s. 7)

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

114A. Forms
(1) The Commissioner may specify the forms to be used under section 75A(3)(a).
(2) The Commissioner may publish in the Gazette any form specified by him under subsection (1).
(3) The Commissioner may in his discretion accept any notice or application served on him which is not in the specified form.
(Added 32 of 2002 s. 8)

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

119R. Costs
In any proceedings under this Part, the Tribunal shall not make any order as to costs against a party unless that party has conducted his case in a frivolous or vexatious manner.

119RA. Provision of rent receipts
(1) A landlord shall give to his tenant, at the time that the tenant pays his rent, a receipt for the amount of the 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. 43)

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

119S. Proceedings
(1) Subject to subsection (2), neither the Commissioner nor any public officer employed in the Rating and Valuation Department shall be called to give evidence in proceedings before the Tribunal and no subpoena shall be issued against the Commissioner or such public officer.
(2) The Commissioner or any public officer employed in the Rating and Valuation Department may be called to give evidence in any proceedings under section 115A(10). (Amended 32 of 2002 s. 24)
(3) (Repealed 32 of 2002 s. 24)(4) Any determination or order of the Tribunal under this Part shall be final.
(Amended 16 of 2004 s. 12)

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

119T. Exercise of powers of Commissioner
(1) The Commissioner may, for the purposes of this Part—
(a) serve on any person a requisition in the specified form requiring him to furnish to the Commissioner, within such reasonable period as the Commissioner may specify in the form, the particulars reasonably required by the Commissioner by the requisition;
(b) require the landlord or tenant or former landlord or tenant of any premises to exhibit to him all documents relating to the tenancy and user of the premises, including leases, receipts for rent, rent-books and accounts, and the Commissioner may take copies of those documents;
(c) at any reasonable time, with the consent of the occupier, enter and inspect any premises and take such measurements and other particulars as he thinks fit;
(d) require the occupier or other person in control of the premises, following not less than 24 hours’ notice in writing delivered at the premises, to allow the Commissioner to enter and inspect those premises at any reasonable time and take such measurements and other particulars as he thinks fit; (Amended E.R. 4 of 2020)
(e) after the expiry of not less than 24 hours’ notice in writing to the occupier of the premises or, if the occupier cannot be found, to the landlord or other person in control of the premises, enter at any reasonable time during daylight (using such force as may be necessary) and inspect any premises and take such measurements and other particulars as he thinks fit. (Amended E.R. 4 of 2020)
(1A) The Commissioner may disclose any information obtained under this Part to any specified person where in his opinion the disclosure will enable or assist the person to perform a function or exercise a power (including a right) imposed or conferred on the person by—
(a) this Ordinance;
(b) the Rating Ordinance (Cap. 116); or
(c) the Government Rent (Assessment and Collection) Ordinance (Cap. 515). (Added 32 of 2002 s. 25)
(1B) In subsection (1A), specified person (指明人士) means—
(a) the Tribunal or a court or magistrate; or
(b) a public officer acting in his capacity as a public officer.
(c) (Repealed 16 of 2004 s. 13)
(Added 32 of 2002 s. 25. Amended 16 of 2004 s. 13)(2) Any public officer or class of public officer employed in the Rating and Valuation Department and authorized in writing in that behalf by the Commissioner may exercise any of the powers and perform any of the duties conferred or imposed on the Commissioner by this Part.
(Added 53 of 1993 s. 30)