Cap 527 s 21 Discrimination: consent for assignment or sub-letting (Family Status Discrimination Ordinance)

Contents of Section

Chapter:	527	Title:	Family Status Discrimination Ordinance	Gazette Number:	L.N. 552 of 1997
Section:	21	Heading:	Discrimination: consent for assignment or sub-letting	Version Date:	21/11/1997

(1) Where the licence or consent of the landlord or of any other person is required for the disposal to any person of premises in Hong Kong comprised in a tenancy, it is unlawful for the landlord or other person to discriminate against a person who has family status by withholding the licence or consent for disposal of the premises to that person.
(2) Subsection (1) shall not apply if-

(a) the person withholding a licence or consent, or a near relative of his ("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 his household; and

(3) For the avoidance of doubt, it is hereby declared that this section applies to tenancies created before the enactment of this Ordinance as well as to tenancies created on or after the enactment of this 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 an agreement for a lease or sub-lease;

(d) pursuant to any enactment.