222
A J BRADBROOK
HKLJ (1977)
and to review appeals from housing authority evictions and changes in rent.28
However, this form of external administrative review would seem unnecessarily drastic, and it would be administratively time-consuming and expensive to organise the necessary elections by tenants. Instead, a more straight forward system of external administrative review would seem expedient. Accordingly, it is suggested that the present appeals committee be dissolved and replaced by a Public Housing Appeals Tribunal, which would act as an arbitration tribunal and would consist of three members appointed by the Governor-in-Council, one of whom would be appointed chairman. Members of the Authority would be disqualified from appointment to the tribunal. Although the functions of this tribunal could conceivably be carried out by the existing tenancy tribunals, it seems on balance preferable to establish a body that would specialise in the problems of public housing tenants.
This proposed reform could best be effected by repealing section 7(2) of the Housing Ordinance and by establishing a new section 7A, which would read:
(1) The Governor-in-Council shall appoint a Public Housing Appeals Tribunal comprising of three members for the purpose of hearing an appeal or application under section 20(1).
(2) A Public Housing Appeals Tribunal appointed under this section shall not include any person who is a member of the Authority.'
It might be thought that the establishment of such a tribunal would be a considerable drain on the public purse, and that this suggested reform should be ruled out on financial grounds. However, the cost of the tribunal could be largely defrayed out of the interest that could be obtained from an investment of the money currently held by the Authority as security deposits. Under clause 4(i) of the tenancy agreement, each tenant is obliged to deposit with the Authority on the signing of the agreement one month's rent or $50, whichever is the greater amount. This sum is not returned to the tenant until the flat is vacated. As the Authority currently has an estate capacity of 350,347 flats with rents ranging up to $557 per month,29 the
2" See comment. Legislative Developments: The Michigan Tenants' Rights
Statute' (1969) 6 Harvard Journal of Legislation 563.
"Hong Kong Housing Authority, Annual Report 1975-76 59.
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