Page:Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545).pdf/14

LAND (COMPULSORY SALE FOR REDEVELOPMENT) :(b) determined by reference to any of the provisions of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), and whether with or without modifications thereto specified in the order.

(4) Without prejudice to the generality of subsection (3), the Tribunal may take into account—
 * (a) the representations, if any, of the tenant as to whether compensation should be payable and, if so, the amount of the compensation;
 * (b) for the purposes of determining any such compensation, the benefit, if any, afforded the tenant by virtue of the operation of subsection (1)(b)(ii).

(5) No compensation shall be payable under this Ordinance to the tenant in relation to any lease entered into on or after the date on which the order for sale of the lot concerned was made.

(6) In this section—

“lease” (租契) includes every agreement for the letting of any premises, whether oral or in writing, and howsoever described;

“prior owner” (前擁有人), in relation to a lot—
 * (a) means a person who formerly owned an undivided share in the lot;
 * (b) does not include the purchaser of the lot;

“rights” (權利), in relation to a prior owner of a lot, means all rights which—
 * (a) were exercisable by virtue of the prior owner’s ownership of an undivided share in the lot; and
 * (b) affect the lot.

9. Conditions deemed to be conditions of Government lease, etc.

Each condition specified in Schedule 3 shall be deemed to be a condition of the Government lease of the lot the subject of an order for sale and, accordingly, a breach of such a condition shall entitle the Government to re-enter the lot under and in accordance with the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126).

10. Basis of apportionment of expenses and proceeds

(1) The expenses of the auction or of the other means referred to in section 5(1)(b) by which the lot is sold incurred by the trustees under an order for sale shall be borne—
 * (a) where there is no purchaser of the lot, solely by the majority owner of the lot; and