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THE RENTS BILL
(Continued From Fage 2.)
TUESDAY, JULY 19, 1921.
make it operative only from the landlord was shas if he were to buike passing of this Ordinance. It is now is wnuka cona ham 1984,000 and an that ground really, that an the land migha bo valued as #5,000. Instance has occurred. It has been Such an arguɔenta entrely brought to the notice of Mr. irrelevant. He is not buiting, Dus is indispensable in the interests of Wilkinson—and I am instructed it taking advantage of the shortage, s the Colony, then it should be on the is a had case-that a man har konses, to make a wholly mùjuszufi- following basis. It should be en- ing agreed to quit has been able increase of the rents paid by forced for a period of one year and left, as it were, aut in the cold by
a guarantee that reason of the enforcement of the Austin Road where the rent of one nia tenants Another c230 is in no more with the same will not be renewed, agreement, and the withdrawal The standard rent should be on the of alternative accmmədätion. room began at $7, then it rose to (basis of reat parable on Therefore, I ask you when in Com-$15 and then to 817, The tenans the 1st July, 1921, but if mittee, to consider the possibility having renovated the premises the such rents increase more than of making that portion read as landlord put up the reat to 318.50. twenty
per cent. since the 18132, December.
1920, then from the operation of the Ordin-The next case is from Mody Road,
ance and not retrospective. There Kowloon To rent in March, 191 the standard rent should be equivalent to the rent paid on the is a previous example in the case was $300; in March, 1990, it becam
the $100; in September, 1980, 2115; and S1st. December, plus 20 per cent of the New Territories to That legal authority for notice to effect that where at the time of in July, 1991, 8135. That is as good quit premises should be three taking over the territories a para case of extortion as I have yet months in the case of residential son had agreed to a sale of land. met. The noitesse is from HollywooC and six
in the that when a certain Ordinance Road where the rent was raised from cases of shop property. It longer was put into "operation it was 100 to 879, and there was a case in periods are required they can be agreed that his agreement for Wanchai Road where the original arranged by agreement. In the sale should not be operative un- Ordinance no provision is made less the person came to and con-ent a few years ago was 815, it was for ancompleted contracts for sale. firmed his previous agreement of raised to 890 in January, 854 in April Moch Litigation Anticipated. sale. To what extent I have and now to 835. "I think that is a One can anticipate a great deal stated what are, properly the facts sufficient answer to the suggestion of litigation arising out of this! cannot say, but if that is so, it that the rents fixed should be those Bill. There is little or no protec-is a precedent for the application of 30th Jane. In a case in Morrison tion against sub-letting. 1 should) of that principle here--that after Street the rent of $175 was raised like to say a few words about that. a man has made an agreement to in the fourth moon to $200, and now I can see nothing in this Bill which quit it should be confirmed before it is proposed to raise it to 8600. In will prevent the greatest extortion the Court should make an order of Chatham Road land was leased in which exists in this Colony and ejectment.
1911 by the Land Investment Com that is the rent charged by-it is! generally a woman-the principal H. E. the Governor: Gentlemen, Pany at a They then adopted the tenant of the floor who rents out I did not intend to speak on the system of larming and the rent was cubicle spaces and bed spaces. It second reading of the Bill, but it rained to $15, and the scened man would have been better, i submit, has coms to my notice that in speak. raised it to 819, and at the same to have adopted a standard rent in previously of the necessity of tune "shoe money" of $30 was de- as from to-day AS
There are two cases in some such measure I, by an unfor-
months
a
tempor-
Speech By ILE: The Governor.
manded
ary measure, to permit of persons tunate slip, confined myself to deal- Cross Street, Wanchai. The rent
who have had their rents raised
The Tenants" Gratitude.
The second reading having been carried, the Council went into Committee.
Military Quarters.
-
since the resolution increasing the ing only with cae case of gross ex-was raised in one ease from $14 to rates, to submit their case to a tortion. I was carries away rather; and in another from $11 to 822 Board of three who could decide by the side issue of farming" and did In Graham Street a reat of 870, and whether the rent was raised in not give you the other information, raised in August, 1990, to 810, and consequence of that resolution or I should like to take this opportuni- it is now proposed to mise it to otherwise justined and to abolish ty of amending that mistake. 1 an 8:00. In Googh Street rent was all the other clauses of this Bill. glad, as a matter of fact, that I con raised from 7 to 800, then to go But this Bill, as I have said before, fine my remarks to one particular in March last and now to 875 1 does not attempt to meet the evil, case because the result of my doing think these cases supply all the com which is that if the public is to be so was to produce a letter in the ment that is necessary. They speak | restrained from charging too much
Hoaglony for themselves. for this private land it can only be newspapers from the by releasing more public land to Land Investment Co. which afforded private people.
the best argument I have yet seen for the passage of such a Bul as Mr. F. C. Jenkin: Your Excel-this. I am not referring to the in-
In connection with clause lency and members of the genious argument to show that in 2, Major-General Sir G. M Legislative Council, I am in the increase of 830 is equivalent to one Kirkpatrick drew attention to fortunate position of appearing.of 811, or rather thaf it would have the fact that certain on the instructions of Mr. Wilkin bern if circumstances had been en-ried quarters belonging to the son, for the tenants. I am here tirely different Personally I am military had been leased out and merely to voice to Your Excellency aldom impressed by arguments had therefore helped to relieve the the enthusiasm and gratitude of hired on the old French saying that pressure on house accommodation. the tenants, as witnessed in theIt my aant had been a man she Now, however, these quarters were petition the honourable Secretary
married OFG for Chinese Aairs has put in this and have been my uncle." I think required for their
families and the tenants had re- afternoon, at the reception accord-it is safer if we look at the facts-ceived notice to quit. He, wanted The Farming System. ed their petition by the members
to know whether these would be of this Council and the Committee. There was was a passage in the letter affected by the Bill.
The Hoo Attorney-General repli- appointed by this Council. There in which it was shown that as a result) is only one matter in connection of the farming system. the Landed that the Ordnance did not bind It might, however, with which I would ask your Ex-Investment Company had received the Crown. cellency's indulgence and that is in respect of certain tenements angive ground for argument: If the an amendment which was propps-income representing 352 per cent. military required the houses they ed in Saturday's Gazette under on their expenditure. Well. i 9.8 must be entitled to regain position. sub-section (4) of section 4 of the per cent. is the amount which the He had no doubt that, if it was BOL. I do not know whether it landlord was getting from his tenant found necessary, special legislation would be more appropriate that should say I was
cos entirely would be introduced to exempt this I should address myself to that reasonable.
I should have a property from the operation of the
Ordinance. in Committee ort-
repted it with pleasure in those days; when I was in the position of a landlord. One took risks of proper-it was not clear under clause 2 Mr. Albaster pointed out that ty standing vacant. This 5-whether shops were intended to be Presents the net result to the Hong excluded or not. They knew offices. keng Land Investment Co. That is were not included and he thought
His Excellency: I think the Council would prefer you to deal
with the matter now,
Shops
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Mr. Jenkin: The section deals with the restrictions on the right
of tenants against ejectment. The
I contend that this is far too much. (shops were or pot. proposal is to put in after the
The Hon Attorney-General words "quit" in the first line The rent is farmed by one man who the words "er has or shall have probably farms it to another and plied that the effect of the clause, agreed in writing to quit." The sibly it is farmed by half-a-dozen, as drafted, was that if a shop was proposed addition is in common and by the time it gets down to the let as a portion of the house and with the rest of the section re-tenant he is paying. not 9.52 per any part of the house was used for trospective in effect and would ceat, but probably 19 per cent. Even human habitation, it came within mean that the Court would be en- there is only one farmer and he the scope of the Bill As a matter of fact, in the case of Chinese titled to make an order of eject confines himself to the very mode shops, they were practically all in- PRICES are Very Moderate. Inspection and Enquiries arment against any tenant whoate rate of 6j per cent on capital. habited. cordially invited.
prior to the coming into force of that woull make 16 per cent. the The section was approved as this Ordinance, had agreed in any tenant is paying on the property, drafted. shape or form in writing to quit. That is too much. This is one of Under section (f) of sub-clause That would work considerable the evils of the farming system 2. Mr. Alabaster asked that the hardship in certain cases and, as which is a matter, I consider, that standard rent should be fixed as I am instructed, it has done so al-ught to be dealt with and requires that existing on the 30th Jane and ready.
dealing with at once. I suggest to and not the 31st December.
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His Excellency the Governor: That has been very fully consider-i ed. I think the Council is, unani-
should not be.
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Alternative Accommodation. The circumstances are these. The tenant is notified by
His Excellency the Governor: his landlord that he must quit dealing with the farmer at an mously of the opinion that it man was intimidated into giving
rent The Bil passes accordingly. The the agreement because the the premises he is occupying. He early date.
Flagrant Cases. arranges with his landlord for a
The Hon. Secretary for Chinese was going to be $100 a day. The remaining business on the paper we do not propose to take. I fear Let me give period of grace during which be
you other Affairs said August 1914 had been rent was $200 a month before.
Hon. Mr. Lau Chu-pak: Has he these Bills (the second readings 29 2 suitable may find what is called alterna-instance. The first is a case in Irv suggested to him
given in writing an undertaking toy of Bills intituled an Ordinanes tíve accommodation. Assuming ng Street-it is a case in whica a date.
leave?
Ito further amend the
an
new tenants would not trouble to course of this week, and it is not turn out the old tenants.
quite clear when they will be. I His Excellency: It is impos propose to adjourn sine die. I
he has found alternative accom-fanaer is concerned The ant N His Excellency the Governor The Hon. Secretary for Chinese (Public Health and Build- modation, which is subsequently raised from 812 to 816 in lag, and confessed that he at first was in Affair: Yes he has, but I do not tings Ordinance, 1903 and withdrawn, what is his position? it was proposed to raise it more re-clined to go back to 1914 but on think the landlord would wish to Ordinance to amend the Crown He has agreed with his previous ceatly from 818 to 820. I do not consideration he thought it better get him out. Landlords finding Lande Resumption Ordinance, landlord to quit his premises and think it will contender fat the to adhere to 31st December last they could not get any more from 1900) will not be ready during the therefore the Court can make an value of money has gone Joya yan
The section was approved. order of ejectment whereas he
per cent, since the beginning of this
The Eon Secretary for Chinese has had the alternative accom- was going withdrawn from him, increase for which there is no was presented to him that point
justification. This case is not an was brought up and a case was the clause, as amended, is the my thanks to the members of the The tenants are not asking for
arrangement Committee, more especially, if I much because they have met with extraordinary one. On these facts quoted in which a man who had most satisfactory
might Bay considerable consideration from being represented to the farmer he been given notice to quit was told that can be made.
The clause was allowed to re Attorney General and шу this Council. They are asking in though; it better to compromise at that he would be charged $100
learned colleague, Hon. Mr. Bill: Passed, of this Bill the man had stopped
for the so far as it is the desire of the $17. The next case from Nathan day rent from 1st July. Hearing main part of the Bill."
Follock,
Immense Council to give the right of eject-Road, Kowloon. The rent was
The Hon. Attorney General trouble they have taken in draft- on. The petitioners seemed to ment where agreement to quit raised 800 a house more than 2think that the Court would give the moved the third reading of the ing the Bill, which, I hope, will shall have been made, that that per cent increase. This is an in landlord damages as from 1st Bil
prove successful in attaining the shall not be retrospective and that teresting case because the ground July. He told them he did not The Hon. Colonial Secretary, object for which it has been des the sub-section shall read so as to kiven lex the increase of rent by the think the judge would do that. The seconded and the Council agreed. sigued
modation to which he thought he ear, so that appears to represent Affairs said that when the petitionsible to deal with every case and should like before I go to express
the Hon
J