Cap. 644 《商業租户短期保護措施(2019冠狀病毒病疫情)條例》Temporary Protection Measures for Business Tenants (COVID-19 Pandemic) Ordinance

the amount that is to be paid as rent; or

the time when any rent is payable,

the repayment schedule; or

the amount of any repayment,

the expiry of the protection period;

the beginning of the day on which those subsections cease to apply in relation to the tenancy under subsection (9).

the expiry of the protection period;

the beginning of the day on which that subsection ceases to apply in relation to the tenancy under subsection (9).

the expiry of the protection period;

the beginning of the day on which that subsection ceases to apply in relation to the tenancy under subsection (9).

beginning on 1 January 2022; and

ending on the earlier of the following—

the expiry of the protection period;

the beginning of the day on which this subsection and subsection (4) cease to apply in relation to the tenancy under subsection (9).

beginning on the day on which this subsection becomes applicable to the tenancy; and

ending on the earlier of the following—

suspending the provision of utility services or other services in relation to the premises concerned;

deducting from the deposit held by the landlord any amount of the rent that the tenant fails to pay in the circumstances described in subsection (4) or (6);

if, before the beginning of the protection period, the landlord has already deducted from the deposit held by the landlord any amount in respect of the tenant’s failure described in subsection (4)—demanding the tenant to pay any money or money’s worth to make good any shortfall in the deposit;

recovering interest or surcharge on the rent that the tenant fails to pay in the circumstances described in subsection (4) or (6);

terminating the tenancy;

exercising a right of re-entry or forfeiture;

bringing an action in a court (including a tribunal) against the tenant;

commencing any arbitral proceedings under the Arbitration Ordinance (Cap. 609) against the tenant;

presenting a bankruptcy petition under the Bankruptcy Ordinance (Cap. 6) against the tenant;

making an application under section 670 of the Companies Ordinance (Cap. 622) for a meeting of creditors to be summoned to agree to a compromise or an arrangement in relation to the tenant;

presenting a winding-up petition under the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) against the tenant;

commencing or levying an execution, distress or other legal proceedings against the tenant’s property; and

appointing a receiver or manager over the tenant’s property.

the tenancy is terminated on a ground other than the tenant’s failure described in subsection (4) or (6) (as the case requires);

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

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.

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

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.

the expiry of the protection period;

the beginning of the day on which section 5(4) and (5) or section 5(6) (as the case requires) ceases to apply in relation to the tenancy under section 5(9),

the tenant fails to pay the rent in compliance with the tenancy, but the landlord’s right to take, or continue to take, any action in respect of the tenant’s failure is subject to section 5; and

there is a default during—

in repayment of any amount of the secured loan (or payment of any other sum in respect of the loan) in compliance with the relevant loan agreement (repayment default) and, having regard to the factors specified in subsection (2), the landlord can reasonably establish that the matters described in paragraph (a) are the sole reason or a significant reason for the landlord’s inability to avoid the repayment default.

the nature and magnitude of the tenant’s failure and the repayment default; and

the overall financial condition of the landlord.

enforcing the security created on the subject premises (or on any interest in the subject premises or any rent receivable in respect of the subject premises);

suing for repayment of the amount in default;

recovering interest or surcharge on the amount in default;

exercising any of the powers mentioned in paragraphs 2, 3, 4, 5, 6, 7, 8 and 9 of the Fourth Schedule to the Conveyancing and Property Ordinance (Cap. 219);

entering into possession of the subject premises;

letting or selling the subject premises;

applying for delivering the possession of the subject premises;

enforcing other collateral securities for the secured loan;

making demand against, or suing, the landlord under any other right of recourse as a result of the repayment default triggering any contractual cross default clause;

bringing an action (including a foreclosure action) in a court (including a tribunal) against the landlord;

commencing any arbitral proceedings under the Arbitration Ordinance (Cap. 609) against the landlord;

presenting a bankruptcy petition under the Bankruptcy Ordinance (Cap. 6) against the landlord;

making an application under section 670 of the Companies Ordinance (Cap. 622) for a meeting of creditors to be summoned to agree to a compromise or an arrangement in relation to the landlord;

presenting a winding-up petition under the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) against the landlord;

commencing or levying an execution, distress or other legal proceedings against the landlord’s property; and

appointing a receiver or manager over the landlord’s property.

that is equal to twice the amount of the repayment default claimed, in relation to the action concerned, by the lender; and

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.