### Housing Ordinance 《房屋條例》

17AA. Particular conditions of sale
(1) Without prejudice to the general power mentioned in section 17A(2), where—
(a) any land in an estate is sold under section 17A to any person; or
(b) any land in respect of which the Authority is authorized to nominate purchasers is sold to a person nominated by the Authority,
the Director of Housing may stipulate, by notice in the Gazette, that the agreement for sale and purchase and the deed of assignment shall be subject to the terms, covenants and conditions mentioned in the Schedule and the terms, covenants and conditions so stipulated shall be part of the agreement and deed. (Amended 16 of 1988 s. 10)
(2) The Chief Executive in Council may amend the Schedule; and any agreement for sale and purchase or any deed of assignment made subject to the terms, covenants and conditions mentioned in the Schedule under subsection (1) shall continue to have effect subject to any amendment of those terms, covenants and conditions under this subsection. (Amended 44 of 2000 s. 3)
(3) A statement in any agreement for sale and purchase or deed of assignment mentioned in subsection (1) that the agreement or deed is subject to the terms, covenants and conditions mentioned in the Schedule shall be sufficient evidence, until the contrary is proved, that the Director of Housing has stipulated that the agreement or deed shall be subject to those terms, covenants and conditions. (Amended 16 of 1988 s. 10)
(4) For the avoidance of doubt, it is declared that notices and stipulations whenever made under subsection (1) are not and have never been subsidiary legislation. (Added 103 of 1991 s. 2. Amended E.R. 6 of 2019)
(Added 15 of 1982 s. 6)

17AB. Director of Housing may delegate his function to assess Prevailing Market Value
(1) The Director of Housing may delegate his function under paragraph 1(b) of the Schedule to assess Prevailing Market Value to—
(a) any person with whom he enters into an agreement in writing to discharge that function;
(b) any employee of such person.
(2) When the Chief Executive in Council amends the Schedule under section 17AA(2), he may at the same time make consequential amendment to subsection (1).
(Added 24 of 1998 s. 5)

### Housing Ordinance 《房屋條例》

17B. Void alienations, etc.
(1) Where—
(a) (i) land in an estate is sold under section 17A; or
(ii) land in respect of which the Authority is authorized to nominate purchasers is sold and the person selling the land acts without the written permission of the Authority; and
(b) the person to whom the land is sold purports to mortgage or otherwise charge the land or to assign or otherwise alienate it; and
(c) that person acts in breach of—
(i) any term or condition of the agreement for sale and purchase or any covenant in the deed of assignment relating to the land; or
(ii) in the case of such a mortgage or other charge, any term authorized under paragraph 4(a) of the Schedule as regards the mortgage or other charge,
the purported mortgage, other charge, assignment or other alienation, together with any agreement so to mortgage, charge, assign or otherwise alienate, shall be void.
(2) Where—
(a) land described in subsection (1)(a)(ii) is sold with the written permission of the Authority; and
(b) (i) the person to whom the land is sold purports to mortgage or otherwise charge the land and has not the written permission of the Authority so to mortgage or otherwise charge; or
(ii) the mortgagee or the person in whose favour the charge is executed acts in breach of any of the terms on which the mortgage or other charge was authorized under paragraph 4 of the Schedule,
the purported mortgage or other charge, together with any agreement so to mortgage or otherwise charge, shall be void.
(3) For the avoidance of doubt, it is hereby declared that subsection (1) is not to be construed as operating to invalidate a disposition by will (or codicil). (Amended E.R. 6 of 2019)
(Replaced 24 of 1995 s. 6) Editorial Note:
Section 17B was amended by the Housing (Amendment) Ordinance 1995 (24 of 1995) (commencement: 1 July 1995). For the saver provision, please see section 10 of that Ordinance.

### Housing Ordinance 《房屋條例》

18. Certain Ordinances not to apply
(1) Part VII of the Public Health and Municipal Services Ordinance (Cap. 132) and any regulations made under that Part shall not apply to any building or structure to which a lease under section 16 relates. (Amended 33 of 1978 s. 5; 10 of 1986 s. 32)
(2) Subject to subsection (3), the Buildings Ordinance (Cap. 123) shall not apply to any building—
(a) to be constructed, or which is being constructed, by the Authority;
(b) on land vested in or under the control and management of the Authority under section 5, 37 or 38; or
(c) on land which is vested in the Authority and no part of which has been sold or otherwise disposed of under section 17A. (Added 33 of 1978 s. 5. Amended 16 of 1993 s. 7)
(3) The Buildings Ordinance (Cap. 123), other than section 21 thereof, shall apply to any such building if, after its construction has been completed, any part of it is sold or otherwise disposed of under section 17A of this Ordinance. (Added 33 of 1978 s. 5)

19. Termination of lease
(1) Notwithstanding the terms thereof, the Authority may terminate any lease—
(a) without notice, if, in the opinion of the Authority, the land held under the lease has become unfit for human habitation, a nuisance, dangerous to health or unsafe; or
(aa) without notice, if, in the opinion of the Authority, no person authorized under the lease to occupy the land or part thereof occupies the land or part thereof; or (Added 42 of 1976 s. 3)
(b) otherwise, by giving such notice to quit as may be provided for in the lease or 1 month’s notice to quit, whichever is the greater.
(2) Upon the termination of a lease under subsection (1), the tenant shall, if he is still occupying the land, be a trespasser thereon.
(3) No court shall have jurisdiction to hear any application for relief by or on behalf of a person whose lease has been terminated under subsection (1) in connection with such termination.

### Housing Ordinance 《房屋條例》

19A. Notice of termination
(1) Where a lease has been terminated under section 19(1)(a) or (aa), the Authority shall, as soon as practicable after such termination, serve notice in writing thereof on the tenant specifying the date of the termination and the reasons therefor.
(2) Service of a notice required to be served under subsection (1) may be effected—
(a) by delivering it to the tenant personally; or
(b) by sending it by post to the tenant at his last known postal address; or
(c) where the last known postal address of the tenant is that of the premises which are the subject of the lease, by affixing the notice to the door of the premises.
(Added 42 of 1976 s. 4)