WEDNESDAY, DECEMBER 9, 1981
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LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2) BILL 1981 - THE HON PETER C. WONG
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THE LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT)(NO. 2) BILL 1981 WHICH SEEKS TO PROVIDE SECURITY OF TENURE FOR TENANTS OF DOMESTIC PREMISES EXCLUDED FROM RENT CONTROL WAS PASSED BY THE LEGISLATIVE COUNCIL TODAY WITH SEVERAL OF ITS PROVISIONS CHANGED.
THE CHANGES WERE RECOMMENDED BY AN AD HOC GROUP OF UNOFFICIALS HEADED BY MR PETER C. WONG, AND TOOK INTO CONSIDERATION PUBLIC REPRESENTATIONS ON THE ISSUE RECEIVED.
IN HIS SPEECH DURING THE RESUMED DEBATE OF THE BILL, MR WONG SAID THE GROUP HAD HELD SEVERAL LENGTHY MEETINGS AMONG THEI SELVES AND WITH GOVERNMENT REPRESENTATIVES INCLUDING THE CHIEF SECRETARY, THE ATTORNEY GENERAL. THE SECRETARY FOR HOUSING AND THE COMMISSIONER OF RATING AND VALUATION.
THE KEY CHANGES AGREED INCLUDE:
* FIXED TERM TENANCIES OF FIVE YEARS OR MORE CREATED AFTER
DECEMBER 18, 1981 WITH NO PROVISION FOR EARL'ER DETERMINATION OR RENT ESCALATION WILL BE EXCLUDED FROM CONTROL. THIS IS IN LINE WITH THE RECOMMENDATION OF THE COMMITTEE OF REVIEW THAT SUCH TENANCIES SHOULD BE EXCLUDED FROM PART !! (POST-WAR BUILDINGS) OF THE PRINCIPAL ORDINANCE AS WELL AS FROM THE NEW PART IV (SECURITY OF TENURE),+ SAID MR WONG.
* REBUILDING WILL BE POSSIBLE EVEN THOUGH IT MAY NOT RESULT
IN AN INCREASE IN THE NUMBER OF DWELLINGS OR IN ACCOMMODATION PROVIDED THE RE-DEVELOPMENT IS IN THE PUBLIC INTEREST. THIS SHOULD ALSO COVER CASES WHERE BUILDINGS OF BETTER QUALITIES ARE TO BE ERECTED.
* A DEFINITION OF +FAIR MARKET RENT WILL BE INCORPORATED IN
THE BILL.
* LANDLORDS AS WELL AS TENANTS, MAKING FALSE REPRESENTATIONS
OR CONCEALING MATERIAL FACTS WILL BE PENALISED.
* ANY PERSON WHO HAS OBTAINED POSSESSION FOR SELF-OCCUPATION
OR REBUILDING IS NOT PERMITTED TO RE-LET OR ASSIGN THE PREMISES FOR A PERIOD OF 24 MONTHS FROM THE DATE OF THE ORDER AND ANY CONTRAVENTION WILL BE SUBJECT TO HEAVY PENALTIES. HOWEVER, MR WONG EXPLAINED, THE BILL IS NOT SPECIFIC IN RESPECT OF THE DATE ON WHICH THE ORDER IS DEEMED TO HAVE BEEN MADE. IT IS NOW PROPOSED THAT THE DATE SHOULD BE THE DATE OF THE APPLICATION, HE SAID. THIS AMENDMENT WILL OBVIATE DIFFICULTIES WHICH MAY BE ENCOUNTERED IF PROSECUTION IS INSTITUTED. +
IN APPLICATIONS.