Massage Establishments Act 2017 · 2020 Revised Edition · Part 6 · Offences and General Provisions
29. Determination of tenancy of premises on conviction of certain offence
Feedback & supportUpon the conviction of any person (called in this section the offender) for an offence under section 5(4) for contravening section 5(1) or (3) in relation to any premises, the owner or occupier from whom the offender rents the premises must, within one month after the date of conviction, require the offender to deliver up possession of the premises to the owner or occupier, if the lease or tenancy is not earlier terminated.
owner
“owner”, in relation to any premises, means a person who, for the time being, has power or authority to let, hire, sell or convey the premises to another person, or who receives the rent of the premises whether on that person’s own account or as an agent or a trustee for any other person;
If the offender fails, within one month of being so required, to deliver up possession of the premises, the owner or occupier of the premises from whom the offender rents the premises is entitled to determine the lease or tenancy of the premises but without prejudice to the rights or remedies of any party to the lease or tenancy accrued before the date of such determination.
occupier
“occupier”, in relation to any premises, means the tenant, subtenant or lessee of the premises or any person in charge of the premises, whether or not that person is in actual occupation and whether or not that person has powers to further let or sublet the premises;
Where the owner or occupier of any premises has determined the lease or tenancy in accordance with subsection (2) and the offender has not delivered up possession of the premises after such determination, a Magistrate’s Court may, on the application of the owner or occupier, make a summary order for the delivery of possession of the premises to the owner or occupier.
If the offender disobeys any order made by a Magistrate’s Court under subsection (3), the person shall be liable to prosecution under section 188 of the Penal Code 1871.
In this section, “date of conviction” means —
the date the offender is convicted of the offence mentioned in subsection (1), or any later date on which the offender is sentenced, if no appeal against the conviction is filed; or
if the offender appeals the conviction and the conviction is upheld, the date the appeal is determined.