154
HONGKONG LEGISLATIVE COUNCIL
The three additional Clauses are, I think, justified on public grounds quite apart from any conflicting interest of landlords and tenants. The first of these clauses (which will be numbered "7") provides that where a landlord gives notice with the intention of pulling down or recon- structing the house, or block of houses, notice given to the immediate tenant of the landlord shall bind all the sub- tenants. It is obvious that the owner cannot always know who the sub-tenants are, and if he is obliged to give notice to every sub-tenant as well as the imme diate tenant he may find, when he comes to pull down the property, his way block- ed by some sub-tenant of whom he was unaware and whose existence, perhaps, was deliberately concealed from him. think it is only fair to provide that any notice given in those circumstances shall bind all the sub-tenants. If a landlord
had to find out and give notice to all sub-tenants it might appreciably delay the development of the property.
The new Clause 8 deals with the same sub-section of the original Ordinance, namely the one referring to cases where the landlord intends to pull down and reconstruct. The problem in as follows: The owner agrees to sell his property to a purchaser who intends to pull the house down and rebuild or reconstruct. The actual completion of the purchase may take some time. The owner, therefore, agrees with the intending purchaser to give all the neces- sary notice to the tenants so as to enable the purchaser to commence his building opera- tions so soon as the purchase is pleted. Under the present law, the owner (the vendor) cannot give notice because he does not intend to rebuild, and the in- tending purchaser cannot give it because he is not the owner. This clause is in- tended to enable the owner to give notice to the tenants on behalf of the intend- ing purchaser.
&
com.
Clause 9 provides that if lessee is adjudged bankrupt he ceases to have any claim under section 4 of the principal Ordinance. In other words, he cannot rely on that section in order to enable bim to remain on in possession of the premises. His interest ceases on adjudica- tion and his trustee acquires no interest.
I beg to move the second reading.
THE COLONIAL SECRETARY seconded, and the Bill passed the second reading.
The Council resolved itself into Com- mittee to consider the Bill clause by clause.
THE ATTORNEY-GENERAL moved that Clause 7 of the Bill be omitted.
THE COLONIAL SECRETARY seconded, and this was carried.
THE ATTORNEY-GENERAL moved that the clause marked "7" in the report of the Standing Law Committee be substituted.
and it was carried.
THE COLONIAL SECRETARY seconded,
THE ATTORNEY-GENERAL moved that clause 8 of the Bill be omitted.
THE COLONIAL SECRETARY seconded and it was agreed to.
the clause marked "8" in the report of the THE ATTORNEY GENERAL moved th Standing Law Committee be substituted.
THE COLONIAL SECRETARY seconded, and this was agreed to.
THE ATTORNEY GENERAL moved that Clause 9 of the Bill be omitted.
and this was agreed to.
THE COLONIAL SECRETARY seconded,
THE ATTORNEY-GENERAL moved that the clause marked "9" in the report of the Standing Law Committee be substituted.
THE COLONIAL SECRETARY seconded, and this was approved.
THE ATTORNEY-GENERAL moved that Clause 1 of the Bill be omitted.
The COLONIAL SECRETARY seconded, and this was agreed to.
The Council then resumed.
THE ATTORNEY-GENERAL moved the third reading of the Bill as amended in Committee.
THE COLONIAL SECRETARY seconded, and the motion was carried.
The Bill passed accordingly.
Mercantile Bank Note Issue Ordinance
HON. MR. H. E. POLLOCK, K.C., moved the second reading of the Bill intituled, An Ordinance to extend for a further period the powers granted by the
HONGKONG LEGISLATIVE COUNCIL
Mercantile Bank Note Issue Ordinance, 1911 to the Mercantile Bank of India. Limited, to make. issue, re-issue and circulate notes in the Colony.
HON. MR. HO FOOK seconded, and the motion was agreed to.
Council considered the Bill in Com mittee clause by clause and passed it without amendment.
On Council resuming, the Bill was read a third time.
K..
St. Joseph's College HON. MR. H. E. POLLOCK, moved the second reading of the Bill intituled, An Ordinance for the incorpora tion of the Christian Brothers School known in French
a8 "L'Institut des Frères des Ecoles Chrétiennes and known in Hongkong as "St. Joseph's College."
HON. MR. H. W. BIRD secondled.
The Bill having passed the second read. ing it was considered by the Council clause by clause in Committee and passed without amendment.
On the Council resuming, the Bill was read a third time and passed.
Indemnity Ordinance
With the consent of the Council, the second reading of the Bill intituled, An Ordinance to restrict the taking of legal proceedings in respect of certain acts and matters done during the war and to provide in certain cases remedies in substitution therefor was postponed to the next meeting of the Council.
390
155
HIS EXCELLENCY accordingly adjourned the Council until Monday, the 14th inst.
FINANCE COMMITTEE
A meeting of the Financial Committee followed, the COLONIAL SECRETARY pre- siling.
Government Quarters at Happy
Valley
The Governor recommended the Council to vote $27,000 in aid of the following
votes: ---
Public Works, Extraordinary. Hongkong,
Buildings:-
Additional Quarters at Happy
Valley (12 houses)
Miscellaneous :-
Central Police Station :-
Reconstruction of kitchen and
bath-room block..............................................
Total
.$20,000
7,000
.$27,000
was
THE CHAIRMAN-In the first case, the amount provided in this year's estimates is $50.000, but the estimated total ex- penditure for the year on these quarters is $70,000, the reason being that not so much was expended in 1920 as was ex- pected.
1920 The expenditure in $85,892. The total estimated cost of the work is $155,892 and the amount of the accepted tender is $161,720. Therefore. more has been expended this year than was estimated for and 220,000 is asked for. With regard to the second item, HON. MR. POLLOCK, rising as His
the amount provided in this year's Excellency was about to announce the estimates is $35.000 and the estimated adjournment of the Council, said: Sir
total expenditure for the year is $42,000. With reference to the adjournment of the A supplementary vote of $7.000 is asked Council the Unofficial Members have not
for. The same reason exists there. In had an opportunity yet of meeting to
1920 the expenditure was $4,237. When discuss the Budget Bill and I think we
the estimates were drawn up it was ex- should like a further adjournment-say pected to be more: therefore, more is till Monday week, the 14th inst. Speak carried into the current year than is ing for myself, it would be a great con-estimated for. The total cost of the work venience.
The Adjournment
H EXCELLENCY- I am prepared to adjourn for a further week if it is desired.
HON. MR. POLLOCK-I said Monday because Mr. Stephen will not be here on Thursday fortnight. If Your Excel- lency would kindly adjourn until Mon day, 14th, that would suit everybody.
is $54,237 and the amount of the accepted tender is 850.034. I understand that certain extras brought it up to 84.000 over the accepted tender after the work was started.
THE DIRECTOR OF PUBLIC WORKS- Yes,
The vote was approved.