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

39. A tenant about to absent himself from Hong Kong for certain periods may sublet under conditions
(1) A tenant of domestic premises not being a corporation or unincorporate body shall not be deemed to have assigned, transferred, sublet or parted with possession for the purposes of section 36 if the Tribunal is satisfied that— (Amended 76 of 1981 s. 25)
(a) he sublet to a person for a period during which the tenant was absent from Hong Kong; and
(b) such subletting occurred with the consent of the landlord or the landlord’s consent was unreasonably withheld; and
(c) the tenant was absent from Hong Kong for a period of not less than 3 months and not more than 9 months; and (Amended E.R. 4 of 2020)
(d) such person did not pay or promise to pay to the tenant a consideration in excess of the rent payable by the tenant to the landlord. (Amended 32 of 1985 s. 7)
(2) Whether or not the conditions of this section have been complied with a person who has obtained possession of premises to which this Part applies on condition that he will give up possession to the tenant on the tenant’s return to Hong Kong shall not be entitled to the protection of this Part as against the tenant after such tenant’s return or as against the landlord. (Amended 32 of 1985 s. 7)
(3) Nothing herein contained shall entitle a person who has obtained possession of any premises by reason of this section to retain possession as against the landlord after the expiration of 9 months from the date when he first obtained such possession.
(Added 22 of 1953 s. 15)

40. Power to adjourn etc.
(Amended E.R. 4 of 2020)Upon any application for the recovery of possession of any premises or the ejectment of the tenant therefrom the Tribunal may—
(a) in lieu of making an order adjourn the application for a period not exceeding 30 days and subject to such conditions as it thinks proper;
(b) upon making such order direct that it shall not be operative until the expiration of any period not exceeding 30 days specified in such order and may make any such direction subject to such conditions as it thinks proper.
(25 of 1947 s. 22 incorporated. Amended 76 of 1981 s. 26)

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

43. Appeal to Court of Appeal
(1) Any party to proceedings before the Tribunal may appeal to the Court of Appeal against a determination or order of the Tribunal on the ground that such determination or order is erroneous in point of law.
(2) An appeal under this section shall be subject to the provisions of, and any rules made under, the Lands Tribunal Ordinance (Cap. 17).
(Replaced 76 of 1981 s. 28)

43A. Costs
In any proceedings under this Part, the Tribunal shall not make any order as to costs against a party unless that party has conducted his case in frivolous or vexatious manner.
(Added 76 of 1981 s. 29)

43B. Enlargement of time
The Commissioner may extend any time fixed by this Part for the making of any application to him or for the lodging of any document with him.
(Added 40 of 1984 s. 10)

44. Service of notice
(1) Service of any notice, application, certificate or other document under this Part may be effected—
(a) by personal service;
(b) by post, addressed to the last known place of business or residence of the person to be served;
(c) in the case of service on a tenant, by leaving the notice, application, certificate or other document with an adult occupier of the premises in which the tenant resides and to which such document relates; or
(d) by affixing a copy of it to a prominent part of the premises to which it relates. (Replaced 53 of 1993 s. 17)
(1A) A certificate purporting to be signed by a person who states in that certificate that he effected service under subsection (1) or (2) shall be prima facie evidence of the facts stated in the certificate relating to that service. (Added 53 of 1993 s. 17)
(2) The provisions of subsection (1) shall not apply in respect of the service of any notice under section 21, but in such cases service shall be effected by posting the prescribed form of notice in English and Chinese, upon the main door or entrance of the premises affected, and by reposting the same if necessary upon the second and third day thereafter, and upon the expiration of the third day such notice shall be deemed to have been served upon all persons including sub-tenants affected thereby. (Added 22 of 1953 s. 22. Amended 14 of 1957 s. 3; 44 of 2000 s. 3)
(3) (Repealed 53 of 1993 s. 17)

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

44A. Exercise of powers of Commissioner
(1) The Commissioner may, for the purposes of this Part—
(a) serve on any person a requisition in the specified form requiring him to furnish to the Commissioner, within such reasonable period as the Commissioner may specify in the form, the particulars reasonably required by the Commissioner by the requisition;
(b) require the landlord, tenant or sub-tenant or former landlord, tenant or sub-tenant of any premises to exhibit to him all documents relating to the tenancy and user of the premises, including leases, receipts for rent, rent-books and accounts, and the Commissioner may take copies of those documents;
(c) at any reasonable time, with the consent of the occupier, enter and inspect any premises and take such measurements and other particulars as he thinks fit;
(d) require the occupier or other person in control of the premises, following not less than 24 hours’ notice in writing delivered at the premises, to allow the Commissioner to enter and inspect those premises at any reasonable time and take such measurements and other particulars as he thinks fit; (Amended E.R. 4 of 2020)
(e) after the expiry of not less than 24 hours’ notice in writing to the occupier of the premises or, if the occupier cannot be found, to the landlord or other person in control of the premises, enter at any reasonable time during daylight (using such force as may be necessary) and inspect any premises and take such measurements and other particulars as he thinks fit. (Amended E.R. 4 of 2020)
(2) Any public officer or class of public officer employed in the Rating and Valuation Department and authorized in writing in that behalf by the Commissioner may exercise any of the powers and perform any of the duties conferred or imposed on the Commissioner by this Part.
(Replaced 40 of 1984 s. 12)