Discrimination: consent for assignment or sub-letting
(1) Where the licence or consent of a 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 (“assignee/sublettee”) by withholding the licence or consent for disposal of the premises to the assignee/sublettee.
(2) Subsection (1) does not apply if—
(a) the person withholding the licence or consent 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 as construed according to section 30(2).
(3) For the avoidance of doubt, it is 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 a tenancy agreement; or
(c) pursuant to any agreement.