【法规名称】
【法规编号】 79673 什么是编号？
【正 文】
第5页 CAP 283 HOUSING ORDINANCE
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[接上页] (Amended 44 of 2000 s. 3) Cap 283 s 15 Annual reports Remarks: Adaptation amendments retroactively made - see 44 of 2000 s. 3 (1) The Authority shall, as soon as possible after the end of each financial year, make to the Chief Executive a report dealing generally with the activities of the Authority during that year. (2) The Secretary for Housing, Planning and Lands shall lay a copy of every such annual report on the table of the Legislative Council not later than 31 December next following the financial year to which the annual report relates or before such later date as the Chief Executive may allow. (Amended 16 of 1988 s. 9; L.N. 362 of 1997; L.N. 25 of 2004) (Amended 44 of 2000 s. 3) Cap 283 s 16 Leases of land in estates PART III DISPOSAL OF PROPERTY (1) Subject to this Ordinance, the Authority may- (a) let to any person, for any period, any land in an estate, subject to the payment of such premium, rent or other consideration as the Authority may determine; and (b) fix the terms, covenants and conditions on which any land in an estate may be let or occupied.(1A) (a) Any determination of variation of rent after the commencement* of the Housing (Amendment) Ordinance 1997 (108 of 1997) by the Authority under subsection (1)(a) in respect of any class (whether determined by the nature of the land or status of the lessee) of land in an estate for residential purposes shall only take effect at least 3 years from the date on which any immediately preceding determination in respect of the same such class of land came into effect. (b) The rent determined under paragraph (a) in respect of any such class of land shall be of such amount that the median rent to income ratio in respect of all classes of land in all estates let for residential purposes, as determined by the Authority, shall not exceed 10%. (Added 108 of 1997 s. 2)(1B) Subsection (1A) does not apply to land in respect of which the Authority has granted to a person a licence to occupy it or a permit to occupy it. (Added 3 of 1998 s. 2) (1C) Subsection (1A) does not apply to an adjustment in the rent of a tenant where- (a) the total household income; (b) the total value of the household assets; or (c) a combination of paragraphs (a) and (b),as determined by the Authority, is- (i) greater than a threshold established by the Authority for the purposes of an increase in the rent; or (ii) lesser than a threshold established by the Authority for the purposes of a decrease in the rent. (Added 3 of 1998 s. 2)(1D) For the purposes of subsection (1A)(b), the median rent to income ratio ("the ratio") shall be determined in accordance with a procedure established by the Authority and, without prejudice to the generality of the foregoing, the Authority may establish a procedure involving sampling to determine the incomes to be used for the purpose of calculating the ratio. (Added 3 of 1998 s. 2) (1E) A certificate purporting to be signed by the Director of Housing stating what the median rent to income ratio (as determined in accordance with the procedure established by the Authority) is on a specified date, is conclusive proof of the fact stated therein and shall be admitted in evidence in any proceedings before a court without further proof and shall be presumed, until the contrary is proven, to have been signed by the Director of Housing. (Added 3 of 1998 s. 2) (2) The terms, covenants and conditions fixed by the Authority pursuant to subsection (1)(b) may include terms, covenants and conditions which provide for- (a) the subletting by a lessee or sublessee of the whole or any part of the land or for the granting by such person of a licence to any person to occupy the whole or any part of the land; or (b) the management by a lessee of any land in an estate let to or occupied by him. (Replaced 16 of 1993 s. 5)(3) Where- (a) the Authority grants a lease under subsection (1) of Government land in an estate vested in or under the control and management of the Authority under section 5, 37 or 38; or (b) by virtue of and in accordance with such a lease, a sublease or licence to occupy any part of the land is granted to any person,the person occupying the land under and in accordance with the lease, sublease or licence shall be deemed for the purpose of sections 4 and 6 of the Land (Miscellaneous Provisions) Ordinance (Cap 28), to be occupying the land under a licence issued under section 5 of that Ordinance. (Added 16 of 1993 s. 5. Amended 29 of 1998 s. 60) (4) Without prejudice to the general power mentioned in subsection (1)(a), the Authority may in writing require tenants of lands in an estate to pay different rents based on their total household income or total household income and assets. (Added 24 of 1998 s. 4.) (5) For the avoidance of doubt the Authority shall be deemed always to have had the power conferred on it by subsection (4). (Added 24 of 1998 s. 4.) ______________________________________________________________________________ |
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