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HONGKONG LEGISLATIVE COUNCIL
fortunately it gives it at such a late stage as to be practically of little use to the tenant who, of course, has to make his arrangements for new premises at a very greatly increased rent.
to a
What is the
for demanding more than the standard rent? What sympathy can possibly be extended to anpbody who says tenant-who perhaps has been a tenant for some years I am going to raise your rent"? The tenant objects that he In asking the Government to accede to is a poor man and cannot pay more and the amendment which I shall move in is then told "Well, if you do not want Committee I am not asking them to adopt to pay more, there is someone round the an entirely new principle, because the corner who will pay it.' principle of postponement of delivery of position of the lessor under the law as possession is recognised by sub-section 3 it stands At present? Although the of sub-section 4 of the Rents Ordinance, law says he cannot receive more than the 1922. Unfortunately, it is recognised at standard rent he can bluff more rent out so late a stage at a stage when judgment of the old tenant or get more rent from has been recovered against the unfortu; the new. He knows that he has no nate tenant that practically it is of very right to demand more rent, but yet he little use. It is necessary, I submit, for bluffs it out because it is a safe pro- somebody like a Committee of three per position to do so. There is absolutely no sons to have the power at an earlier penalty. If the bluff comes off he gets so stage to intervene in the interests of the much more rent, but if it does not come tenants.
off he gets off scot free without any penalty. Surely, Sir, that is not just, and it is with a view to remedying an injustice like that that we consider this clause should be put in.
Now, Sir. I come to the second amend ment. which it is proposed to move in Committee, that is that clause 9 of the Bill be amended as follows:-
(i.) By substituting "sections are
the first line
for "section is "* thereof and
מ1
(ii) By inserting at the end clause 9 of the following:-
a
of
It is to be hoped, Sir. that when this clause is inserted, as we trust that it will be, that it will be made widely known by the Secretary of Chinese Affairs, and that the tenants who have this kind of bluff tried upon them-of 29-Every lessor who demands or their leaving the premises-will go to the demanding higher rent as a penalty of receives more than the standard rent Secretary of Chinese Affairs and that he for any domestic tenement shall, un- less he proves to the satisfaction of motion to prosecute in any such cases. It will then put the proper machinery in the Magistrate that he acted hon is useful also from another point of view, fide, be liable upon summary convic and that is for emphasising this question
fine not exceeding one of standard rent. tion to
1 think it would be a thousand dollars.
very good thing if we widely published I submit that clause is a very useful in this Colony, in Chinese as well as in and a very necessary one. I would re- English, the definition of standard rent mind the Council that a lessor includes as it appears in 2 (F) of the Rents Ordin- not merely the first landlord but the ance, 1922, because it certainly is not principal tenants of premises or the lessor understood that a tenant of an old build- of two or three cubicles; the lessor of any ing need only pay the rate at which the portion of the building from the whole premises were let on the 31st December, building down to bedspace, and that per- 1920. The idea seems to prevail in circles son it is proposed to make little to a which one would expect to be better in- penalty if he demands or receives more formed, that if the landlord can only get than the standard rent for any domestic the old tenant out and get a new tenant tenement, which I have explained in in that in some mysterious way the cludes every kind of lessor and every kind landlord is free of the restrictions of the of division or sub-division of a domestic Rents Ordinance. There cannot be a tenement It makes the lessor liable to more erroneous opinion than that. a penalty for demanding or receiving the case of an old building any tenant, more than his due under this Ordinance. whether old or new has the same right What, Sir, can be fairer than to subject only to be charge 1 the standard rent and a man to a penalty under the Ordinance! I think it is a pity, Sir, that that is not
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HONGKONG LEGISLATIVE COUNCIL
more widely understood than it is at the present moment.
I have been very much struck, as Chairman of the Housing Com- mission, in finding out that people are extraordinarily ignorant of the protection accorded to them by this Rents Ordinance, even as it stands at present in their favour.
..
There is another subject, Sir, which I should like to refer to and that is the question of the establishment of a Fair Rents Board. In connection with this subject I should like to point out that as regards new buildings, which have had an occupation certificate granted since the passing of the Rents Ordinance 1921 they are entirely outside the Rents Ordinance. That was pointed out by the learned Attorney General in the first reading of the 1921 Bill, when he said, on page 79 of Hansard: Such new buildings will be entirely free from the restrictions of the Ordinance and the owners will be entitled to charge whatever rents they can obtain." Therefore as regardi new buildings which have received occupation certificates since 19th July, 1921, it is quite clear that the Government have definitely taken up that position. Then comes the question of new buildings to be built in the future. What is to be done with regard to them? Well, Sir, this question has engaged my earnest attention, and I must confess that in view of the extreme need which exists for new buildings heing erected on fresh sites that it might be doubtful policy for the Government to create a Rents Board for such new buildings.
а It might create certain check upon what undoubtedly is the main thing which the Government wishes to accomplish. and that is the production of new buildings upon sites which have not been previously built upon.
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assess the rent as being fair all round. It would have to be fair, amongst
things, from the other
point of view of the outlay which the had expended. first of landlord all in buying premises and secondly in reconstructing the building at the high prices which prevail at the present time. Therefore, I must confess, Sir, although I have taken a great deal of trouble considering this point, that I think it would be a doubtful policy if a Fair Rents Board were established, and I have only come to that conclusion with the very greatest reluctance, because my sympathy in this matter is entirely on the side of the tenant
Another kind of difficulty, perhaps, which might be created by a Fair Rents Board, if established, is that you might cause a certain amount of dissatisfaction in the mind of a landlord of an old build- ing. You might have all sorts of inequalities. Of course, if you were to adopt the suggestion I have seen given of making the fair rents of reconstructed buildings the same as the rents of any other building in the same block, that would be a very simple rule of thumb to go by, but it would hardly give an equitable return to the person econstructing his building. I thought perhaps, as I have considered this matter at some length, it would interest the Council to hear my views on that point I must apologise for having taken up so much of the time of the Council.
i
HON. MR. KOTEWALL - Sir, during the last fortnight my Chinese colleague and I have received numerous communi- cations from Chinese property-owners and tenants in regard to the working of the Rents Ordinance, the former com- With regard to reconstructed buildings plaining that the measure has wrought I think there are considerable difficulties hardship on a large number of good in the way of the establishment of a Fair andlords, and the latter urging more Rents Board. One of the difficulties that stringent provisions for their own pro- 1 see is that if the return is to be eight tection. I need not trouble the Council, per cent upon the total outlay we might by repeating what these people call each possibly, in these boom times, find that other. As regards the suggestions embodied the fair rent amounted to rather a stag- in the communications my Chinese geringly high figure. I am afraid that colleague and I have brought to the some tenants are disposed to interpret notice of the Government, through the
fair
11 rent
amounting 4.9
to a
low Honourable Secretary for Chinese Affairs rent, or fair to the pocket of the tenant,
such of them as appeared to be Of course it has no meaning of that sort worthy of consideration; and I have also in ordinary parlance. If you are going seen the Honourable Attorney-General to have
For Rents Borrd you
about one or two points having a legal would have to have a Board which would aspect. The Hon. Mr. Chau Siu Ki and
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