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

32. Tribunal may hear appeals and, in certain cases, fix or apportion rent, etc.
The Tribunal on the application of landlord or tenant may—
(aa) hear any appeal from any decision, determination or assessment of the Commissioner made under this Part, provided that the application is made within 1 month after the applicant is notified of the decision, determination or assessment; or (Added 76 of 1981 s. 19. Amended 53 of 1993 s. 16)
(a) fix any rent which for any reason is not otherwise determinable under the provisions of this Part; or
(b) apportion any rent to which this Part relates; or (Amended 29 of 1983 s. 8; 53 of 1993 s. 16)
(c) entertain and determine any dispute or difference as to the amount of rent payable in respect of any premises to which this Part applies including any increase of rent, and any charge for the use of furniture by or the provision of services to the tenant, or so far as may be necessary to carry this Part into effect as to the right to the possession of such premises; or
(d) entertain and determine concurrently with any other application, any application for the payment of rent or mesne profits of any premises to which this Part applies accruing due on or after 1 October 1945,
and make such order thereon as the Tribunal shall think fit.
(25 of 1947 s. 17 incorporated. Amended 76 of 1981 s. 19)

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

34. Order for ejectment of principal tenant not to operate against sub-tenants
An order for ejectment made against any principal tenant shall not, unless the Tribunal so directs, operate as an order for ejectment of any sub-tenant of such principal tenant, but immediately upon the making of such an order such sub-tenants shall be deemed to be tenants of the immediate landlord of the principal tenant in like manner as is provided by section 21(3) and such immediate landlord shall undertake towards them the obligations theretofore undertaken by the principal tenant.
(25 of 1947 s. 23 incorporated. Amended 76 of 1981 s. 21)

35. Order for recovery where domestic premises are required for occupation by landlord, etc.
(1) The Tribunal on the application of a landlord or of the personal representative of a deceased landlord (not being a landlord who has become such landlord by purchasing premises or any interest therein after 1 September 1946) may make an order for the recovery of possession of any domestic premises or for the ejectment of the tenant therefrom where such premises are reasonably required for occupation as a residence for such landlord or for any son or daughter of his over 18 years of age, or, where the landlord is dead, for the surviving spouse, son or daughter over 18 years of age or father or mother of such deceased landlord:
Provided that no such order shall be made unless the Tribunal is satisfied having regard to all the circumstances of the case, including any alternative accommodation available for the persons for whose occupation the premises are so required or for the tenant, that greater hardship would be caused by refusing to grant the order than by granting it.
(2) No person obtaining an order for the recovery of possession of or ejectment from any premises under subsection (1) shall within 12 months after the date of such order assign, transfer, sublet or part with the possession of the premises or any part thereof without the previous consent of the Tribunal.
(3) Where a person has obtained an order for the recovery of possession of or ejectment from any premises under the provision of subsection (1) and it is subsequently made to appear to the Tribunal that the order was obtained in bad faith or by the misrepresentation or concealment of material facts or where such person is shown to have acted in breach of the provisions of subsection (2), the Tribunal may order the landlord to pay to the former tenant such sum as may appear to the Tribunal to be sufficient to compensate such tenant for the cost, damage, loss or inconvenience sustained by him as a result of the order for recovery of possession or ejectment.

(25 of 1947 s. 19 incorporated. Amended 76 of 1981 s. 22)

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

36. Order where subletting is made without landlord’s consent
The Tribunal on the application of a landlord may make an order for the recovery of possession from or ejectment of the occupier of any premises the rent whereof is payable monthly, the tenant of which has, after 1 March 1946 without the consent in writing of the landlord, assigned, transferred, sublet or parted with the possession of such premises or any part thereof:
Provided that no order shall be made under this section against an occupier holding as the sub-tenant of a principal tenant any portion of any domestic premises which premises before 22 October 1945 were divided into and let as separate domestic premises, or since that date have, with the consent of the landlord, been so divided and let.(25 of 1947 s. 20 incorporated. Amended 76 of 1981 s. 23)

37. Tenant if a party to an application under section 36 shall be bound by an order made thereunder
A tenant who has been made a party to an application under section 36 shall without prejudice to any appeal be bound by an order in favour of the landlord made under that section, and any tenancy in the premises to which the order relates to which such tenant is or might be entitled by virtue of this Part shall cease and determine.
(Added 22 of 1953 s. 15)

38. Apparent change in occupancy shifts onus of proof to tenant
Where a landlord establishes a prima facie case that there has been an apparent change in the occupancy of premises or of part thereof, the tenant shall be deemed to have parted with the possession of such premises or of such part unless he satisfies the Tribunal to the contrary.
(Added 22 of 1953 s. 15. Amended 76 of 1981 s. 24)