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

120AAZO. Offence of harassment
(1) If a person unlawfully deprives a tenant of a regulated tenancy for a subdivided unit of occupation of the subdivided unit, the person commits an offence.
(2) A person who commits an offence under subsection (1) is liable on conviction on indictment by the court—
(a) on a first conviction, to a fine of $500,000 and to imprisonment for 12 months; and
(b) on a second or subsequent conviction, to a fine of $1,000,000 and to imprisonment for 3 years.
(3) Subject to subsection (5), if a person, in relation to a subdivided unit—
(a) either—
(i) does any act calculated to interfere with the peace or comfort of the tenant or members of the tenant’s household; or
(ii) persistently withdraws or withholds services reasonably required for occupation of the subdivided unit as a dwelling; and
(b) knows, or has reasonable cause to believe, that that conduct is likely to cause the tenant—
(i) to give up occupation of the subdivided unit; or
(ii) to refrain from exercising any right or pursuing any remedy in respect of the subdivided unit,
the person commits an offence.
(4) A person who commits an offence under subsection (3) is liable on conviction on indictment by the court—
(a) on a first conviction, to a fine of $500,000 and to imprisonment for 12 months; and
(b) on a second or subsequent conviction, to a fine of $1,000,000 and to imprisonment for 3 years.
(5) A person does not commit an offence under subsection (3) if the person proves that the person had reasonable grounds for doing the act, or withdrawing or withholding the services, concerned.
(6) On a person’s conviction of an offence under subsection (1) or (3), the court may, in addition to passing sentence, order the person convicted—
(a) to pay to the tenant a sum that the court considers appropriate by way of compensation for damage, loss or inconvenience suffered by the tenant because of the conduct constituting the offence; and
(b) to forfeit to the Government a sum not exceeding the equivalent of the difference, as at the date of the contravention, between—
(i) the market value of the subdivided unit with vacant possession; and
(ii) the market value of the subdivided unit with the former tenant in possession.
(7) In this section—
court (法院) means the Court of First Instance, the District Court or a magistrate;
subdivided unit (分間單位) includes part of a subdivided unit.

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

120AAZP. Interpretation
(1) In this Division—
premises (處所) means the subject matter of a tenancy;
primary user certificate (主要用途證明書), in relation to any premises, means a certificate in the specified form as to the primary user of the premises.
(2) For the purposes of this Division, a reference to the Commissioner includes, as the case requires, an RVD officer authorized in writing in that behalf by the Commissioner to exercise any of the powers conferred, or perform any of the duties imposed, on the Commissioner for the purposes of this Part.

120AAZQ. Application for primary user certificate
(1) If—
(a) a dispute arises as to whether a tenancy of any premises is a domestic tenancy; and
(b) the primary user of the premises is relevant to the dispute,
the landlord or tenant of the premises may apply to the Commissioner for the issue of a primary user certificate for the premises.
(2) A landlord or tenant of any premises may also apply to the Commissioner for the issue of a primary user certificate for the premises, even though no dispute arises as to whether the tenancy is a domestic tenancy.
(3) An application under this section—
(a) must be made in an application form; and
(b) if made under subsection (2)—
(i) must be submitted to the Commissioner not less than 10 days before the day proposed under subsection (5); and
(ii) must be accompanied by an application fee.
(4) If the application is made under subsection (1), the applicant must also state in the application form the nature of the dispute.
(5) If the application is made under subsection (2), the applicant must also propose in the application form a day (other than a public holiday) on which the Commissioner may carry out an inspection of the premises under section 120AAZR.
(6) In this section—
application fee (申請費用) means a fee determined by the Financial Secretary by notice published in the Gazette;
application form (申請表格) means a specified form for an application under this section.
(7) For the purposes of the definition of application fee

120AAZR. Commissioner’s inspection
(1) Before the Commissioner issues a primary user certificate for any premises, the Commissioner must carry out an inspection of the premises for the purpose of determining the primary user of the premises.
(2) The Commissioner may carry out the inspection—
(a) for an application under section 120AAZQ(1)—on a day specified by the Commissioner; and
(b) for an application under section 120AAZQ(2)—
(i) on the day proposed under section 120AAZQ(5); or
(ii) if the inspection cannot be carried out on that day—on another day as soon as reasonably practicable afterwards specified by the Commissioner.

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

120AAZS. Commissioner’s issue of primary user certificate
(1) The Commissioner must, after carrying out an inspection of any premises under section 120AAZR—
(a) if satisfied on the evidence available as to the primary user of the premises—
(i) issue; and
(ii) serve on the landlord and tenant,
a primary user certificate as to the primary user of the premises on the day of the inspection; or
(b) if not satisfied on the evidence available as to the primary user of the premises—
(i) issue; and
(ii) serve on the landlord and tenant,
a notice in the specified form declining to express an opinion as to the primary user of the premises.
(2) If the Commissioner issues a primary user certificate for any premises under this section, no further application may be made under section 120AAZQ(1) or (2) for the premises before the expiry of 1 year from the day on which the primary user certificate is issued.
(3) A primary user certificate for any premises issued by the Commissioner under this section is, for all purposes, evidence (unless proved otherwise)—
(a) of the facts set out in the primary user certificate; and
(b) of the primary user of the premises as at the day of the inspection.

120AAZT. Notice of tenancy to Commissioner
(1) This section applies if—
(a) a landlord and a tenant have entered into a first term tenancy for a subdivided unit; or
(b) a second term tenancy—
(i) is entered into by the parties by way of a Form AR1; or
(ii) is taken to be granted by the landlord to the tenant under section 120AAW(2)(b),
for the subdivided unit.
(2) The landlord must, within 60 days after the term of the tenancy commences or is taken to commence under section 120AAQ(3)(a) or (5)(a), submit a notice in the specified form to the Commissioner to notify the Commissioner of the particulars of the tenancy.
(3) If the landlord, without reasonable excuse, refuses or neglects to comply with subsection (2), the landlord commits an offence.
(4) A person who commits an offence under subsection (3) is liable on conviction to a fine at level 3, and in the case of a continuing offence, to a further fine of $200 for each day during which the offence continues.
(5) On a person’s conviction of an offence under subsection (3), the magistrate may, in addition to any penalty that may be imposed, order the person to, within a time specified in the order, submit the notice to the Commissioner.