S.L. 16.11 Art. 4Means test proceedings.

(1) Means test proceedings shall be heard by the Rent

Board behind closed doors and the record of the proceedings shall only be accessible to the parties subject to an obligation on the landlord to maintain the information contained in the said record as secret information. Any person who divulges information in breach of the provisions of this regulation shall be guilty of contempt of the Rent Board without prejudice to any other civil or criminal liability to which the said fact may give rise under any other law.

(2) Subject to any procedural rights exercisable in or in respect of means test proceedings and to the provisions of regulation 8, a

*See regulation 1(2) of these Regulations, as originally promulgated. means test may be repeated only in accordance with the provisions of sub-article (8) of article 4A of the Reletting of Urban Property (Regulation) Ordinance and of sub-article (8) of article 12B of the Housing (Decontrol) Ordinance.

(3) In any means test proceedings the person with a claim to the tenancy shall be bound to:

(a) present a statement and authenticated documentation of his income and capital and to substantiate the same for the purpose of demonstrating his level of income and capital in accordance with these regulations during the relevant period;

(b) provide statements and authenticated documentation in respect of a period of five (5) years immediately preceding the relevant period, so as to enable the Rent Board to determine whether such person has during the said period immediately preceding the relevant period divested himself of any capital or income without proper explanation.

(4) Notwithstanding the other provisions of these regulations, where the Rent Board is satisfied that the person with a claim to the tenancy has, during the said period of five (5) years immediately preceding the relevant period, divested himself of any capital or income without proper explanation, the Board may decide to take into account any capital or income of which the said person has divested himself of without a proper explanation by including it in the computation of capital and income of the said person.