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

91. Entry and forcible entry
(Amended E.R. 4 of 2020)(1) A bailiff or officer appointed to execute a warrant may break open inner doors.
(2) If he is denied admittance to any building in respect of which he has a warrant to distrain, after declaring his name and business, or if, after waiting a reasonable time, no person answers or is in the building, he may apply to the court for authority to break open outer doors and windows, so far as may be necessary to enable him to execute the warrant.
(3) The court, on being satisfied, by the affidavit of the bailiff or officer, that there are no reasonable means of executing the warrant without breaking open the outer doors or windows, may grant an order in writing, addressed to a bailiff, authorizing him to break open, or have broken open, the doors and windows.
(4) Before executing such order, however, the bailiff shall inform any person in or about the building that he has such order and that he is about to act on it, unless the doors or windows are opened. (Amended 50 of 1911)
(1 of 1883 ss. 17 & 18 incorporated)

92. Impounding of property seized
The bailiff may impound or otherwise secure the property seized in or on the house or premises chargeable with the rent or may remove the same.
(1 of 1883 s. 19 incorporated. Amended L.N. 587 of 1995)

93. Discharge or suspension of warrant or release of distress
(1) The debtor, or any other person alleging himself to be the owner of any property seized under this Part, may, at any time within 5 days from such seizure, apply to the court to discharge or suspend the warrant or to release a restrained article; and the court may discharge or suspend the warrant or release the article, on such terms as it may think just.
(2) An applicant under subsection (1) shall give to the person who obtained the warrant and the bailiff who executed it 24 hours’ notice of the application. The notice shall set out the facts on which the claim is founded and the facts shall be verified by affidavit.
(1 of 1883 s. 20 incorporated)

94. Costs of application
The costs attending an application under section 93 and the costs attending the issue and execution of the warrant shall be in the discretion of the court, and shall be paid as the court directs.
(1 of 1883 s. 21 incorporated)

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

95. Wrongful distress
If any claim is made to or in respect of any property seized under a warrant, or in respect of the proceeds or value thereof, by any person not being the debtor, the Registrar, on the application of the bailiff who seized the property, may issue a summons calling before the court the claimant and the person who obtained the warrant, and thereupon any action which may have been brought in respect of such claim shall be stayed, and the court, on proof of the service of such summons and that the property was so distrained, may order the plaintiff to pay the costs of all proceedings in such action after the service of such summons.
(1 of 1883 s. 22 incorporated)

96. Adjudication in case of wrongful distress
(1) Every claim under section 95 shall be verified by affidavit setting out the facts on which it is founded. (Amended 51 of 1911)
(2) When so verified the court shall adjudicate thereupon, and make such order between the parties in respect thereof, and of the costs of the proceedings, as it thinks fit.
(3) An order under subsection (2) shall be enforced as if it were an order made in an action brought in the court.
(1 of 1883 s. 23 incorporated)

97. Compensation for wrongful distress
(1) In any case under section 93 or 95, the court may, if a claim for compensation is made at the time of application, and if it appears to the court that the landlord or bailiff had no reasonable ground for believing that the goods were properly distrainable, award such compensation by way of damages to the applicant or claimant, as the case may be, as the court thinks fit, and may for that purpose make any inquiry it thinks necessary.
(2) The order of the court awarding or refusing compensation under subsection (1) shall bar any action in respect of injury caused by the distress.
(1 of 1883 s. 24 incorporated)

98. Power to allow time for payment of rent
The court may, at any time, on the application of the debtor and on reasonable notice being given of the application to the person who obtained the warrant, give time to the debtor to pay the rent due from him, on such terms as it may think just and reasonable.
(1 of 1883 s. 25 incorporated. Amended 50 of 1911; 62 of 1911 Schedule)

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

99. Mode of sale of distress
(1) In default of any order to the contrary, the distrained property shall be sold on the day mentioned in the notice given under section 89 and the sale shall be conducted at such place and time and by such auctioneer or bailiff as the Registrar may direct.
(2) The auctioneer or bailiff shall, on realizing the proceeds, pay over the amount thereof to the court, and such amount shall be applied first in payment of the costs of the distress, and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor.
(1 of 1883 s. 26 incorporated)

100. Right of debtor as to manner of sale
The debtor may require that the sale shall take place in any other manner than that directed by the Registrar, on giving security for any extra costs or loss thereby, or that, in the opinion of the Registrar, may be thereby occasioned.
(1 of 1883 s. 27 incorporated)

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

101. Case of deserted premises, where no distress left
(1) If a tenant of premises with a rateable value not exceeding $100,000 at the time of an application for a warrant under this section is in arrears for 2 months and deserts the demised premises and leaves the same uncultivated or unoccupied, so as no sufficient distress can be had to countervail the arrears of rent, the court may, on the application of the lessor or landlord or his agent and on information upon oath, issue its warrant authorizing any bailiff to enter on the premises, breaking any doors, windows, or gates, if necessary; and, if the premises are found to be deserted with no sufficient distress therein, to place the same in charge of a bailiff and to affix a notice thereon, in a conspicuous place, that, unless cause to the contrary is shown before the court within 10 days, the premises will be given over to the applicant. (Amended 37 of 1986 s. 6; 32 of 2002 s. 5)
(2) If no such cause is shown, the court may, on proof of the fact of desertion, of non-payment of at least 2 months’ rent last due, of want of sufficient distress, and that the applicant is the lessor or landlord of the premises or entitled under this Part to a warrant, make an order directing a bailiff to put the applicant in possession of the premises, and the demise shall become void.
(3) The Legislative Council may by resolution amend the sum mentioned in subsection (1). (Added 37 of 1986 s. 6)
(1 of 1883 s. 28 incorporated)[cf. 1737 c. 19 s. 16 U.K.; 1817 c. 52 U.K.]

102. Distress for arrears of rent on determination of lease
Arrears of rent may be distrained for after the end or determination of any term or lease at will, in the same manner as if such term or lease had not been ended or determined:
Provided that such distress is made during the continuance of the possession of the tenant from whom such arrears became due.(1 of 1883 s. 29 incorporated)