Page:Education Ordinance 1971 (Cap. 279).pdf/52

Rh

tenant is absent or under disability, on his attorney or agent or the rent collector of the landlord or, if the landlord or tenant is a corporation, on the secretary or manager of the corporation.

(2) A magistrate may at the request of any person on whom a notice has been served in accordance with subsection (1), make an order terminating as from the date of the order the tenancy of the premises in which the school is being operated, and on the making of the order the tenancy shall cease and determine for all purposes and any tenant or occupier (other than the landlord) may be treated as a trespasser.

(3) An order under subsection (2) shall be recognized and given effect to in any proceeding in any court.

(4) An order under subsection (2) shall be sufficient authority to any police officer to enter at any time between the hours of 9 a.m. and 5 p.m., by force if necessary, the premises in respect of which the order is made and to give possession of such premises to the landlord or his agent.

(5) The powers conferred by subsection (4) shall be in addition to and not in derogation of any power conferred by any other enactment.

(6) If, after a notice has been served in accordance with subsection (1) on any person—
 * (a) a school which is not registered or provisionally registered is operated in the premises in respect of which the notice was given; or
 * (b) a school is operated in the premises in respect of which the notice was given and such premises are not specified in the certificate of registration or provisional registration of the school,

the person on whom the notice has been served (and the landlord is made is an attorney, agent, rent collector, secretary or manager or the tenant of the premises, if the person on whom such service for and on behalf of the landlord or tenant) shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for two years, unless he proves to the satisfaction of the magistrate—
 * (a) that a request has been made to a magistrate for an order under subsection (2); or
 * (b) that he did not know and had no reasonable means of knowing that a school was being so operated on the premises.