Page:Temporary Protection Measures for Business Tenants (COVID-19 Pandemic) Ordinance (Cap. 644).pdf/4

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

Ord. No. 2 of 2022
Section 4
A23

(b) the terms or covenants of a tenancy and any other documents in relation to a tenancy; and
(c) the terms and conditions of a security agreement, loan agreement and any other documents in relation to a loan.

4. Contracting out

(1) Once a written agreement is entered into during the protection period in respect of a tenancy for any premises (in relation to which section 5(4) and (5) or section 5(6) applies) and, under the agreement, any forbearance is agreed in respect of—

(a) the amount that is to be paid as rent; or
(b) the time when any rent is payable,

this Ordinance ceases to apply in relation to the tenancy.

(2) Once a written agreement is entered into during the protection period in respect of a loan (in relation to which section 7(3) and (4) applies) and, under the agreement, any forbearance is agreed in respect of—

(a) the repayment schedule; or
(b) the amount of any repayment,

this Ordinance ceases to apply in relation to the loan.

5. Protection to tenants during protection period

(1) Where a tenancy for premises commences before the day on which the protection period begins, if the premises are used wholly or primarily as specified premises on that day, subsections (4) and (5) apply in relation to the tenancy on and after that day until the earlier of the following—