Page:Temporary Protection Measures for Business Tenants (COVID-19 Pandemic) Ordinance (Cap. 644).pdf/8

Temporary Protection Measures for Business Tenants (COVID-19 Pandemic) Ordinance Ord. No. 2 of 2022 Section 5 :(m) appointing a receiver or manager over the tenant’s property.

(8) To avoid doubt, a landlord is not barred under subsection (4) or (6) from taking, or continuing to take, any action on a ground other than the tenant’s failure described in subsection (4) or (6) (as the case requires).

(9) Subsections (4), (5) and (6) cease to apply in relation to a tenancy for any premises once—
 * (a) the tenancy is terminated on a ground other than the tenant’s failure described in subsection (4) or (6) (as the case requires);
 * (b) the tenancy expires or otherwise comes to an end, unless the tenancy is renewed immediately afterwards either automatically or in exercise of a right of renewal under the tenancy; or
 * (c) the premises are no longer used wholly or primarily as specified premises under the tenancy, or the specified premises are removed from Part 2 of the Schedule.

(10) A landlord who takes, or continues to take, any action in contravention of subsection (4) or (6) commits an offence and is liable on conviction on indictment to a fine—
 * (a) that is equal to twice the amount of the rent claimed, in relation to the action concerned, by the landlord to be in arrears; and
 * (b) that is, in any event, not less than $50,000, unless the court (including a magistrate) considers that imposing a lower fine is just and equitable in the circumstances of the case.