VOL 7, NO 2
HOUSING AUTHORITY'S DISCRETION
219
Consideration should also be given to the desirability of replacing section 16(1)(b) of the Housing Ordinance, which vests in the Housing Authority the present absolute discretionary power to prescribe the contents of any tenancy agreement, by a new section enabling the Governor-in-Council to prescribe the contents of future public housing tenancy agreements by regulation. It is submitted that the shifting of the duty to the Governor-in-Council would lead to a more thorough consideration of the position of the tenant and would thus be more likely to lead to better-balanced agreements in the future. In addition, such a reform would lead to greater awareness amongst the Legislative Council and existing and prospective tenants of the nature of the parties' obligations. This suggestion, if acted upon, could be implemented by repealing paragraph (b) of section 16(1) and adding a new section 16A, which would read: "The Governor-in-Council may prescribe by regulation the form of tenancy agreement for Housing Authority premises and every tenancy agreement shall be deemed to be in the form so prescribed.'
III THE INTRODUCTION OF A COMPREHENSIVE
APPEALS PROCEDURE
Although the introduction of the revised form of tenancy agreement suggested above would partially redress both the problems inherent in the discretionary powers of the Authority and the present imbalance between the rights and duties of the Authority and its tenants, the agreement does not purport to cover all aspects of the parties' relationship and is clearly an inappropriate method of regulating the many internal policies and procedures devised by the Authority. The situation presents a dilemma: on the one hand, as in all cases of management,
smooth
administration functioning of demands some flexibility in its procedures; on the other hand, the need for flexibility and the corresponding absence of controls may mean that a tenant suffers an injustice for which there is no avenue for redress.
the
Despite any inconvenience and possible disruption of the smooth functioning of the Authority's estate management branch, it is submitted that an effective and comprehensive system of appeals is essential in view of the broad discretionary powers exercised by the Authority. There is a need to examine the type of appeals precedure to be established and the