Page:Race Discrimination Ordinance (Cap. 602).pdf/33

RACE DISCRIMINATION ORDINANCE (4) In this section—

“disposal” (處置), in relation to premises comprised in a tenancy, includes assignment of the tenancy and sub-letting or parting with possession of the premises or any part of the premises;

“tenancy” (租賃) means a tenancy created—
 * (a) by a lease or sub-lease;
 * (b) by a tenancy agreement; or
 * (c) pursuant to any agreement.

30. Exceptions for small dwellings

(1) Sections 27(1) and 28 do not apply to the provision by a person of accommodation in any premises, or the disposal of premises, by the person, if—
 * (a) that person or a near relative of that person (“the relevant occupier”) resides, and intends to continue to reside, on the premises;
 * (b) there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of the relevant occupier’s household; and
 * (c) the premises are small premises.

(2) Premises are to be treated for the purposes of subsection (1) as small premises if—
 * (a) in the case of premises comprising residential accommodation for one or more households (under separate letting or similar agreements) in addition to the accommodation occupied by the relevant occupier—
 * (i) there is not normally residential accommodation on the premises for more than 2 such households; and
 * (ii) only the relevant occupier and any member of his or her household reside in the accommodation occupied by the relevant occupier; and
 * (b) in the case of premises not falling within paragraph (a), there is not normally residential accommodation on the premises for more than 6 persons in addition to the relevant occupier and any members of his or her household.

(3) The Chief Executive in Council may, by notice published in the Gazette, amend subsection (2)(b) by substituting another number for the number appearing in that subsection.