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

76. Application of this Part
The provisions of this Part shall extend to New Kowloon and to any other land exempted from Part II of the New Territories Ordinance (Cap. 97), notwithstanding anything contained in that Ordinance.
(Replaced 9 of 1950 Schedule)

77. Issuing of warrants of distress
The court shall have jurisdiction to issue warrants of distress for arrears of rent in all cases, without respect to the value of the property on which the rent is to be levied and without respect to the amount of rent to be levied.
(1 of 1883 s. 1 incorporated)

78. Penalty for unauthorized distress
(1) No distress shall be levied for arrears of rent except under the provisions of this Part.
(2) Any person, not being a bailiff or officer acting under this Part, who levies or attempts to levy any such distress shall be liable on summary conviction to a fine at level 1 or to imprisonment for 3 months, in addition to any other liability which he may have incurred by his proceedings. (1 of 1883 s. 2 incorporated. Amended 51 of 1911 s. 4; 21 of 1912; 22 of 1950 Schedule; E.R. 4 of 2020)

79. Limitation of time for issue of warrant
No warrant shall be issued in any case for arrears of rent due for more than 12 months at the time of the application.
(1 of 1883 s. 5 incorporated)

80. Fees
No fees shall be taken or demanded for distress under this Part except those prescribed in the Fourth Schedule.
(1 of 1883 s. 4 incorporated. Amended 50 of 1911; 62 of 1911 Schedule)

81. Application for warrant
Any person claiming to be entitled to arrears of rent, or his duly constituted attorney or agent, may apply for a warrant.
(1 of 1883 s. 6 incorporated)

82. Form of affidavit
Every application for a warrant shall be supported by an affidavit in Form 1 in the Fifth Schedule, sworn in like manner as other affidavits in the court.
(1 of 1883 s. 8 incorporated. Amended 50 of 1911; 51 of 1911; 20 of 1948 s. 4)

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

83. Issue of warrant
A warrant in Form 2 in the Fifth Schedule may be issued by a judge or, in the absence of any judge from the court house, by the Registrar, returnable within 6 days and addressed to a bailiff of the court.
(1 of 1883 s. 9 incorporated. Amended 50 of 1911; 62 of 1911; 20 of 1948 s. 4)

84. Refusal of warrant
The judge or Registrar to whom application is made may, on examination of the person applying for a warrant, decline to issue the same.
(1 of 1883 s. 10 incorporated. Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule)

85. Appeal from refusal
(1) If a judge declines to issue a warrant, application may be made to the Court of Appeal under section 14 of the High Court Ordinance (Cap. 4). (Amended 92 of 1975 s. 58; 25 of 1998 s. 2)
(2) If the Registrar declines to issue a warrant, application may be made to a judge in the first instance. A deputy registrar may, however, refer any application to the Registrar.
(1 of 1883 s. 11 incorporated. Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule)

86. Time for making distress
Every distress shall be made after 9 a.m. and before 7 p.m., and not at any other time, except by special leave of the court or a judge.
(1 of 1883 s. 12 incorporated. Amended 50 of 1911; 62 of 1911 Schedule; 32 of 2002 s. 4)

87. Property liable to seizure
In pursuance of a warrant, a bailiff shall seize the movable property found in or upon the house or premises mentioned in the warrant, and in the apparent possession of the person from whom the rent is claimed (hereinafter called the debtor

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

88. Property not liable to seizure
A bailiff shall not seize—
(a) things in actual use, in the hands of a person at the time of seizure; or
(b) tools and implements not in use, where there is other movable property in or upon the house or premises sufficient to cover the amount of the rent and costs; or
(c) goods of a temporary guest at an inn; or
(d) goods of a lodger at a furnished lodging-house; or
(e) the debtor’s necessary wearing apparel; or
(f) goods in the custody of the law; or
(g) goods delivered to a person or firm exercising a public trade, to be carried, wrought, worked up, or managed in the way of the trade or employ of such person or firm. (Replaced 8 of 1928 s. 3)
(1 of 1883 s. 14 incorporated)

89. Making of inventory on seizure
On seizing any property under section 87, the bailiff shall make an inventory and appraisement of such property, and shall give a copy of such inventory and appraisement together with a notice in Form 3 in the Fifth Schedule, to the debtor or to any other person on his behalf, in or upon the said house or premises.
(1 of 1883 s. 15 incorporated. Amended 20 of 1948 s. 4)

90. Filing of inventory, etc.
The bailiff shall, as soon as may be, file in the court copies of the inventory and appraisement and notice given under section 89.
(1 of 1883 s. 16 incorporated)