Temporary Protection Measures for Business Tenants (COVID-19 Pandemic) Ordinance
(11) In subsection (7)(c), (g), (h), (i), (j), (k), (l) and (m)—
tenant (租户), in relation to a tenancy, includes the guarantor or surety of the tenant who incurs liability to the landlord under any document on the tenant’s failure to pay the rent in compliance with the tenancy.
6. Provisions supplementary to section 5
(1) No conduct by or on behalf of the landlord of a tenancy, while section 5(4) and (5) or section 5(6) (as the case requires) applies in relation to the tenancy, other than giving an express waiver in writing, is to be regarded as waiving a right of the landlord under the tenancy in respect of the tenant’s failure to pay the rent in compliance with the tenancy.
(2) The landlord of a tenancy may, after the earlier of the following (ending time)—
- (a) the expiry of the protection period;
- (b) 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),
do any act that could have been done by the landlord but for the operation of section 5.
(3) For the purposes of subsection (2), if the right of the landlord of a tenancy to take, or continue to take, any action specified in section 5(7) may, under any law or document, only be exercised within a period, that period is to be extended after the ending time by a period of time that is of the same length as the period during which the landlord’s right to take, or continue to take, that action is subject to section 5.
