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Temporary Protection Measures for Business Tenants (COVID-19 Pandemic) Ordinance

Ord. No. 2 of 2022
Section 8
A41

(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.

(8) In this section—

landlord (業主)—

(a) in subsections (1)(b), (2) and (5)(i), (j), (k), (l), (m), (n), (o) and (p), includes, in relation to a secured loan, any person who, under the security agreement, loan agreement or any other documents in relation to the loan, is under an obligation to repay any amount of the loan (or pay any other sum in respect of the loan); and
(b) in subsection (5)(i), (j), (k), (l), (m), (n), (o) and (p), also includes, in relation to a secured loan, the guarantor or surety of the landlord (or a person mentioned in paragraph (a)) who incurs liability to the lender under any document on a repayment default.

8. Provisions supplementary to section 7

(1) No conduct by or on behalf of the lender of a secured loan (within the meaning of section 7(1)) (secured loan) during the affected period, other than giving an express waiver in writing, is to be regarded as waiving a right of the lender under the security agreement, loan agreement or any other documents in relation to the secured loan for a repayment default (within the meaning of section 7(1)).

(2) The lender of a secured loan may, after the expiry of the affected period, do any act that could have been done by the lender but for the operation of section 7.