VOL 7, NO 2
HOUSING AUTHORITY'S DISCRETION
213
ten years.16 In these circumstances, it is obvious that prospective public housing tenants have no negotiating powers whatsoever: the vast majority of them would be only too willing to accept any suitable premises and would not think of arguing about the contents of the tenancy agreement.
As there is no legislation in Hong Kong ensuring that the Housing Authority tenancy agreement for domestic flats is fair and reasonable," and as its continued adherence to the principle of freedom of contract prevents the common law from modifying any clauses, it is crucial that the form of tenancy agreement drafted by the Housing Authority be a well-balanced document. To be regarded as well-balanced, it is submitted that the tenancy agreement should provide adequate security of tenure, should incorporate any existing tenant rights under statute or common law, should provide realistic and moderate penalties for non- compliance with any of the terms, should contain no arbitrary powers of entry by the. Authority, should not unnecessarily proscribe the tenants' freedom of action, and should accurately reflect in its wording the actual policies and procedures of the Authority. Sadly, an examination of the current tenancy agreement, included as appendix 1 to this article, reveals many deficiencies in all of these matters.
The lack of adequate security of tenure is reflected in clause 1 of the agreement, which provides for a monthly tenancy terminable by either party giving to the other one calendar month's notice in writing (clause 4(c)).18 One month's notice seems scarcely adequate for the tenant to search for alternative accommodation and arrange for his furniture to be removed in
tenants of buildings demolished as dangerous; areas cleared for development; tenants of properties acquired for urban renewal; group B estates which are to be redeveloped; re-use of licensed areas; relief of overcrowding in public housing estates; waiting list applicants; junior civil servants and pensioners; and shop tenants. See Hong Kong Housing Authority, Annual Report 1975-76 60. 16 The average length of time a prospective tenant may have to wait on the waiting list for accommodation is approximately four years. However, if a tenant insists on being housed only in certain popular estates, he may have to wait as long as ten years. Information supplied by Mrs J Au, Senior Housing Manager (Applications), Hong Kong Housing Authority.
17
The only relevant legislation on this point is the Housing Ordinance 1973, s 16(1), which reads: 'Subject to this Ordinance, the Authority may-... (b) fix the terms, covenants and conditions on which any land in an estate may be let or occupied.'
18 The current practice of the Authority is to advise the tenant of the reason for the notice to quit and to give him a written statement explaining his right to appeal to the Appeals Committee. However, there is no legislation guaranteeing the continuation of this practice in the future.