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

44B. Refusal to furnish information and obstruction
(1) Any person who, without reasonable excuse—
(a) refuses or neglects to furnish any of the particulars specified under section 44A(1)(a);
(b) refuses or neglects to exhibit any document he is required to exhibit under section 44A(1)(b);
(c) refuses to allow the Commissioner to take copies of any document exhibited under section 44A(1)(b); or
(d) obstructs or evades the exercise of any power under section 44A(1)(c), (d) or (e),
commits an offence and is liable to a fine at level 3 and to imprisonment for 3 months. (Amended E.R. 4 of 2020)
(2) Where the Commissioner is frustrated or obstructed in the exercise of any power under section 44A(1)(c), (d) or (e), he may apply to the court for an order authorizing him to enter and inspect the premises concerned and exercise his powers and requiring the landlord, tenant, sub-tenant, occupier or person having control of the premises to allow the Commissioner to enter and inspect those premises and exercise his powers; and the court shall have jurisdiction to make such order as it thinks fit.
(3) An application under subsection (2) may be made at the conclusion of any proceedings in respect of an alleged offence under subsection (1) (whether or not any person is convicted) or independently of any such proceedings.
(4) In this section, court (法院) means the District Court, the Tribunal or a magistrate.
(Added 40 of 1984 s. 12)

45. Prohibition of acts done mala fide with intent to induce a lessee to quit
(1) Any person who shall mala fide do any act whatsoever with intent to induce the lessee of any premises to give up possession thereof shall be liable on summary conviction to a fine at level 1. (Amended E.R. 4 of 2020)
(2) Upon the hearing of any summons issued under this section it shall be lawful for a magistrate, in addition to imposing a fine if the defendant is convicted, to order the defendant to pay to the lessee such sum as may appear to the magistrate to be sufficient to compensate the lessee for any costs, damages, loss or inconvenience sustained by him by reason of such act.
(25 of 1947 s. 33 incorporated. Amended 22 of 1953 s. 23)

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

46. Collection of rates not to be affected
Nothing in this Part shall be construed so as to prevent a landlord from collecting from his tenant the rates for the time being payable in respect of any premises or such apportioned sum as shall properly be attributable to such premises in respect of rates, provided that the obligation of paying the rates in respect of such premises was assumed by the tenant under the terms of the tenancy.
(25 of 1947 s. 37 incorporated)

47. Forms
(1) The forms in the Second Schedule are prescribed for use under this Part and shall in each case be in English and Chinese. (Added 22 of 1953 s. 33. Amended 44 of 2000 s. 3)
(2) Subject to subsection (1), the Commissioner may—
(a) specify any form to be used under this Part;
(b) publish any such form in the Gazette; and
(c) in his discretion accept any notice or application served on him which is not in the specified form. (Added 93 of 1975 s. 10)

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

50C. Interpretation
(1) For the purposes of sections 50A, 50B and this section—
(a) section 50(10) shall apply to a dwelling as it applies to premises;
(b) tenancy (租賃) includes a sub-tenancy;
(c) dwelling (住宅) means a building, or part of a building, which is designed and constructed for the purpose of separate occupation as a dwelling, whether or not it is subject to a separate tenancy.
(2) For the purposes of this Part, the date of the tenancy of a dwelling shall be the date on which the parties entered into the tenancy of the premises which included that dwelling.
(Added 52 of 1981 s. 4)

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

51A. Transfer of tenancy to Part IV on joint application
(1) A landlord and tenant, or principal tenant and sub-tenant, of premises to which this Part applies may apply jointly to the Commissioner in the specified form in triplicate for the tenancy, or sub-tenancy, to be excluded from the application of this Part.
(2) An application under subsection (1) may be made during the contractual period of the tenancy, or sub-tenancy, or during its continuation under section 52(1) and shall be lodged with the Commissioner within 28 days of its execution.
(3) The Commissioner shall—
(a) if he is satisfied that the tenant, or sub-tenant, understands the effect of the exclusion of the tenancy, or sub-tenancy, from this Part and has not been subject to any undue pressure or influence, endorse his approval on copies of the application and serve a copy on each of the applicants; or
(b) if he is not so satisfied, serve a notice to that effect on each of the applicants.
(4) Where an application is endorsed under subsection (3)(a), the tenancy, or sub-tenancy, to which the application relates shall be excluded from the application of this Part and Part IV shall apply to it with effect from a future date specified in the application by the applicants or, if no such date is specified, from the date of that endorsement.
(5) Where an application is endorsed under subsection (3)(a), that application shall constitute—
(a) a discontinuance by an applicant of any proceedings under section 53 for possession of the premises to which that application relates; and
(b) a waiver by an applicant to any right to increase the rent under this Part in relation to the premises to which that application relates.
(6) The applicants may in the specified form specify the terms of the tenancy, or sub-tenancy, to which Part IV shall apply and the lodging of the application under this section shall be sufficient compliance with section 119L.
(Added 40 of 1984 s. 17)

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

51C. Review of decisions under sections 51A and 51B
(1) Where the Commissioner—
(a) serves a notice under section 51A(3)(b); or
(b) serves a copy of his certificate under section 51B(5)(a); or
(c) serves a notice under section 51B(5)(b),
a party to the tenancy, or sub-tenancy, which is the subject of the application under those sections and who is aggrieved may, within 14 days of that service, apply to the Commissioner by notice in duplicate in the specified form for a review of his decision.
(2) On receipt of an application under subsection (1) and of such fee as may be determined by the Financial Secretary, the Commissioner shall review his decision and, after giving the parties the opportunity of making written submissions, he may affirm the decision or cancel it and decide the matter afresh, and shall serve a notice of his decision on the parties. (Amended 32 of 1985 s. 10; 77 of 1988 s. 4)
(3) (Repealed 32 of 1985 s. 10)(Added 40 of 1984 s. 17)

51D. Appeal
A party to the tenancy, or sub-tenancy, which is the subject of the application under section 51A or 51B and who is aggrieved by a decision of the Commissioner under section 51C may, within 1 month of the service of the notice of the decision, appeal to the Tribunal which may make such order thereon as it thinks fit.
(Added 40 of 1984 s. 17. Amended 77 of 1988 s. 5)