【法规名称】
【法规编号】 79673 什么是编号？
【正 文】
第7页 CAP 283 HOUSING ORDINANCE
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[接上页] (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). (Replaced 24 of 1995 s. 6)__________________________________________________________________ Notes: 1. The saver provision contained in Section 10 of the Housing (Amendment) Ordinance 1995 (24 of 1995) read as follows- "10. Saver For the avoidance of doubt it is hereby declared that no provision of section 17B of the principal Ordinance which was in force immediately before the commencement of this Ordinance is to be construed as operating to invalidate a disposition by will or codicil.". 2. 24 of 1995 commenced operation on 1 July 1995. Cap 283 s 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) Cap 283 s 19 Termination of lease PART IV CONTROL OF ESTATES (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. Cap 283 s 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) Cap 283 s 20 Appeal against termination (1) Where a lease has been terminated under section 19(1)(a) or (aa), or where a notice to quit has been given under section 19(1)(b), the tenant may appeal to the panel, appointed under section 7A(1)*, not later than 15 days after the date on which- (Amended 24 of 1995 s. 7) (a) service of the notice of termination has been effected under section 19A(2); or (b) notice to quit has been given under section 19(1)(b),as the case may be: Provided that where the chairman of the panel is satisfied that the tenant is unable to appeal by reason of ill-health, absence or other cause thought sufficient by the chairman, he may permit an appeal to be made on behalf of the tenant by a person authorized under the lease to occupy the land or part of it. (Replaced 42 of 1976 s. 5. Amended 15 of 1982 s. 8; 16 of 1993 s. 8) (2) An appeal under subsection (1) shall be in writing and shall state the grounds of the appeal. (2A) (a) Paragraph (b) shall apply in relation to any policy of the Authority which is stated and specified as being such in a certificate in writing issued for the purposes of this subsection by the Authority's secretary and as regards which the certificate also certifies that the policy was both considered and applied by the Authority when deciding to terminate the lease or, where appropriate, to issue the notice to quit to which the appeal relates. (b) In considering an appeal under subsection (1)- (i) if the tribunal concerned is satisfied that at the time of making the decision to which a certificate mentioned in paragraph (a) relates, the appellant was aware of the policy or could reasonably be expected to have been so aware, the tribunal shall have regard to such policy; and |
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