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

131. Issue of warrant for possession of premises
(1) If the person served with an originating summons under section 130 does not appear before the District Court at the time and place mentioned in the originating summons, or fails to show cause why he should not quit and deliver up possession of the premises, the District Court may issue its warrant to any bailiff of the Court of First Instance or the District Court, commanding him to enter (by force, if needful) into the premises, and give possession of the same to the owner thereof or his agent: (Amended 37 of 1986 s. 11; 25 of 1998 s. 2; 36 of 2021 s. 7)

Provided that—
(a) entry, upon a warrant, shall not be made at any time except between 9 a.m. and 7 p.m.; (Amended 32 of 2002 s. 36)
(b) nothing herein contained shall be deemed to protect any person on whose application a warrant may be granted from any action which may be brought against him by a tenant or occupier for and in respect of such entry and taking possession, where such person had not, at the time of granting the same, lawful right to the possession of the said premises. (27 of 1897 s. 5 incorporated. Amended 50 of 1911 s. 4; 51 of 1911 s. 4; 1 of 1912 Schedule; 21 of 1912 s. 2; 29 of 1962 s. 2; 35 of 1969 Schedule; 92 of 1975 s. 59)
(2) For the purposes of subsection (1), if—
(a) the premises are a subdivided unit subject to a regulated tenancy; and
(b) the regulated tenancy is created out of another tenancy,
the District Court must, in issuing a warrant to a bailiff of the Court of First Instance or the District Court, include a condition in the warrant that the execution of the warrant is to be stayed for 60 days. (Added 36 of 2021 s. 7)
(3) However, subsection (2) does not apply if the person making the application under section 129(1) is the landlord of the regulated tenancy for the premises. (Added 36 of 2021 s. 7)
[cf. 1838 c. 74 s. 1 U.K.]

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

132. Recovery of land in case of illegal encroachment or inclosure with a rateable value not exceeding $100,000
When any person by whom any illegal encroachment or inclosure has been made upon the land of another person, the rateable value of which at the time of any demand made under this section does not exceed $100,000, refuses or neglects, upon demand made, to quit and deliver up possession of the same, or any part thereof, to the owner of such land or his agent, the possession thereof may be recovered by such owner or agent under this Part, in like manner as if the occupier of such encroachment or inclosure were the tenant of premises the possession of which is recoverable under this Part, whose term or interest had ended.
(27 of 1897 s. 6 incorporated. Amended 4 of 1951 Schedule; 37 of 1986 s. 12; 32 of 2002 s. 37)

132A. Amendment of sections 129 and 132 by Legislative Council
The Legislative Council may by resolution amend the sums mentioned in sections 129 and 132.
(Added 37 of 1986 s. 13)

133. Stay of warrant
In every case in which the person on whose application, or on whose behalf, a warrant is granted had not, at the time of granting the same, lawful right to the possession of the premises, the obtaining of the warrant shall be deemed a trespass by him against the tenant or occupier of the premises, although no entry may be made by virtue of the warrant; and, in case any such tenant or occupier will become bound with 2 sureties as hereinafter provided, to be approved of by the District Court, in such sum as to it may seem reasonable (regard being had to the value of the premises and to the probable costs of an action), to sue the person on whose application, or on whose behalf, the warrant was granted, with effect and without delay, and to pay all the costs of the proceedings in the action in case judgment shall pass for the defendant or the plaintiff shall discontinue or not prosecute his action or become nonsuit therein, execution of the warrant shall be delayed until judgment has been given in the action; and if, on the trial of the action, judgment passes for the plaintiff, the judgment shall supersede the warrant so granted, and the plaintiff shall be entitled to reasonable damages in the action.
(27 of 1897 s. 7 incorporated. Amended 35 of 1969 Schedule)[cf. 1838 c. 74 s. 3 U.K.]

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

134. Giving of bond and proceedings thereon
Every such bond as herein before mentioned shall be made to the complainant or his agent at the cost of such complainant or agent, and shall be approved of and attested by the District Court, and if the bond so taken is forfeited or if, on the trial of the action for securing the trial of which such bond was given, the judge by whom it is tried does not certify that the condition of the bond has been fulfilled, the party to whom the bond has been so made may bring an action and recover thereon: (Amended 35 of 1969 Schedule)
Provided that the court where such action as last aforesaid is brought may, by an order, give such relief to the parties upon such bond as may be agreeable to justice, and such order shall have the nature and effect of a defeasance to such bond.(27 of 1897 s. 8 incorporated)[cf. 1838 c. 74 s. 4 U.K.]

135. Protection of District Court and bailiff acting under this Part
No action or prosecution shall be brought against the District Court by whom a warrant is issued, or against a bailiff by whom the warrant is executed, for issuing the warrant or executing the same respectively, by reason that the person on whose application, or on whose behalf, the warrant is granted had not lawful right to the possession of the premises.
(27 of 1897 s. 9 incorporated. Amended 29 of 1962 s. 3; 35 of 1969 Schedule)[cf. 1838 c. 74 s. 5 U.K.]

135A. Forms
(1) The Commissioner may specify the forms to be used under section 128A(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. 38)

136. Recovery of bailiff’s expenses
The expenses incurred by a bailiff in the execution of a warrant may be recovered from the complainant.
(Added 29 of 1962 s. 4)