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REFINING OF THE DRAFT LEGISLATION
6.5
In the course of examining the draft legislation, the following problem areas have been identified.
Use of the proposed legislation
6.6
The public would need clear advice on the purview of the legislation and the admissibility of evidence in court before they could make use of the legislation.
Record of owners of premises
6.7
There is not available absolutely correct records of the addresses and particulars of owners of premises in Hong Kong. The Registrar General (Land Office) advised that the Land Office is not statutorily obliged to keep an up-to-date record of the addresses of all persons with a registered interest in premises. If the premises are not owner-occupied, the owner's residential address will not necessarily appear on the Land Office records and in any case might have changed since he acquired the premises. The Inland Revenue Department will not disclose the names and addresses of landlords for purposes other than taxation because of the secrecy provison.
6.8
To overcome these problems, it is proposed to use the Registrar General's record and to complement the sending out of the provisional closure order to persons with a registered interest in the premises, with notices published in the gazette and in leading newspapers.
Fear of retaliation
6.9
Under the proposed legislation, the complainants will be required to appear in court if the occupier of the premises lodges an objection against the provisional closure order. Fear of retaliation could thus seriously hamper the effectiveness of the proposed legislation. But to protect the identity of the complainant would violate the principle of justice that the plaintiff must prove his case in court and that the defendant must be given a chance to question the evidence against him. The suggestion, by some DBs and DFCCs, that the Police investigate the complaint and apply for an injunction on behalf of the complainants, was not considered acceptable, for the following reasons
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