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LAND AND HOUSING
and one in Kowloon, to assist in the working of the Landlord and Tenant Ordinance. Their principal task is to provide factual information to tenancy tribunals in respect of exclusion proceedings, and where premises are declared dangerous by the Building Authority, which may also involve the payment of compensation. They also provide general advice and assistance on tenancy matters.
In respect of post-war premises, legislation dates back to 1952 and the Tenancy (Prolonged Duration) Ordinance (Part IV) which gave limited security of tenure to certain tenants who had entered into oral tenancy agreements involving the payment of key money or premia. In 1963 the three-year security provided by this ordinance was extended to five years. However, the payment of key money in these circumstances is no longer so prevalent in Hong Kong. Increases in rent in 1961 and the early part of 1962 resulted in the enactment of the Tenancy (Notice of Termination) Ordinance (Part V) which generally requires landlords seeking possession to give six months notice of termination.
The first comprehensive legislation affecting post-war domestic premises was the Rent Increases (Domestic Premises) Control Ordinance 1963 which was enacted primarily to control increases in rents and provide a measure of security of tenure. With an increase in the supply of newly completed buildings from 1963 to 1966 the housing position eased and rents stabilised. As a result, this ordinance was allowed to expire on June 30, 1966. For the next three years the situation remained quiet but, with a return of confidence following the disturbances in 1967 and a continuing demand for accommodation, rents by the end of 1969 had taken a sharp upward trend. While the situation was being considered, a temporary measure was enacted in January 1970 to 'freeze' rents and this was followed in June by the Rent Increases (Domestic Premises) Control Ordinance 1970 (Part II). This ordinance which followed closely the provisions of the 1963 ordinance contained a number of exclusions-in particular larger flats and houses, fresh lettings and lettings in newly constructed buildings were not controlled. The ordinance was due to expire at the end of May 1974 but because of the continuing upward trend of rentals for uncontrolled accom- modation it became necessary in June 1973 to enact further temporary legislation to 'freeze' the rents of unprotected tenancies.
This was followed in December by more comprehensive legislation, which repealed both the 1970 ordinance (Part II) and temporary ordinance, providing security of tenure and controlling rents and increases in rent for the vast majority of tenants in post-war domestic premises. This new legislation-Part II of the Landlord and Tenant (Consolidation) Ordinance—is due to expire on November 30, 1976 but may, in certain circumstances where rents have been increased, provide security beyond this date. In respect of existing tenancies landlords and tenants are free to agree an in- crease in rent, but such agreements must be endorsed by the Commissioner of Rating and Valuation. Where an increase is not agreed the landlord may apply to the Com- missioner for his certificate of what increase may be made to the current rent. Where premises become vacant and the landlord wishes to let to a new tenant, application must be made to the Commissioner for a certificate of the fair market rent and the rent for a subsequent tenancy should not exceed the figure certified. The Commissioner has wide powers under the ordinance and also issues certificates to assist in disputes