- (b) the offender is subsequently convicted of the offence to which the notice relates; and
- (c) the owner or occupier of the premises from whom the offender rents the premises fails to comply with section 29(1),
then, in proceedings against the owner or occupier for an offence under section 5(4) for contravening section 5(3), it is presumed, until the contrary is proved, that the owner or occupier knew at the material time that the offender is carrying on the business of providing massage services in an establishment for massage without a valid licence to do so at those premises.
(7) For the purposes of subsection (6), the material time is the expiry of the period mentioned in section 29(1).
Determination of tenancy of premises on conviction of certain offence
29.—(1) Upon 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.
(2) 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.
(3) 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.
