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WEDNESDAY, MAY 25, 1983
PROTECTION FOR FAMILY MEMBERS
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THE PROTECTION FOR FAMILY MEMBERS RESIDING WITH A DECEASED TENANT AT THE TIME OF HIS DEATH WAS WELCOMED BY THE HON S.L. CHEN TODAY.
HE WAS SPEAKING ON THE LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) BILL 1983 AT THE LEGISLATIVE COUNCIL.
THE CURRENT PROVISION IN SECTION 50(4) OF THE PRINCIPAL ORDINANCE ALLOWS DEPENDENTS OF A DECEASED TENANT, WHO WERE RESIDING WITH HIM AT THE TIME OF HIS DEATH, TO BE GIVEN THE SAME BENEFITS AND PROTECTION ON RENT INCREASE AND SECURITY OF TENURE IN RESPECT OF THE PREMISES THEY OCCUPIED.
MR CHEN DESCRIBED THE OBJECTIVE OF THIS PROVISION AS +CORRECT IN SPIRIT.+
HE SAID IT REMOVED THE HARDSHIP OF THOSE DEPENDENT FAMILY MEMBERS WHO MIGHT OTHERWISE HAVE TO LEAVE THE PROTECTED PREMISES AND TO SHOULDER HIGH RENTS FOR THEIR NEW ACCOMMODATION WHEN THEY HAVE ALREADY FACED THE CALAMITY OF LOSING ONE OF THEIR CLOSEST KIN.
HOWEVER, HE SAID, IN EXAMINATION OF THE BILL AND THE PUBLIC REPRESENTATIONS, UNOFFICIAL MEMBERS DISCOVERED THAT SECTION 50(4), AS PRESENTLY WORDED, WENT MUCH FURTHER THAN THE INTENDED PURPOSE.+
IN EXTREME CASES IT MAY ALLOW TENANCIES TO BE TRANSMITTED PERPETUALLY, IN FACT THROUGH ENDLESS GENERATIONS, BY GRANTING PROTECTION IN REPEATED SUCCESSIONS AMONG FAMILY MEMBERS.
MR CHEN, WHO SUPPORTED THE MOTION, SAID: THIS WE CONSIDERED IS AGAINST THE SPIRIT OF THE LAW.
+ACCORDINGLY I SHALL MOVE AMENDMENTS TO CLAUSES 11 AND 30(D) DURING COMMITTEE STAGE TO ENSURE THAT THE PROTECTION INTENDED ONLY FOR THOSE FAMILY MEMBERS RESIDING WITH A DECEASED TENANT AT THE TIME OF HIS DEATH, WILL NOT BE TRANSFERRED TO OTHER PERSONS.+
DEBATE ON THE BILL WAS FURTHER ADJOURNED.
BILL AIMS AT 'REASONABLE BALANCE FOR PEOPLE'S BENEFIT'
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THE OBJECT OF THE LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) BILL 1983 WAS NOT TO STIMULATE THE PROPERTY MARKET BUT TO +REASONABLY BALANCE THE BENEFITS OF THE RELEVANT CLASSES+ THE HON ANDREW SO SAID AT THE LEGISLATIVE COUNCIL TODAY.
HE FELT THAT THE OBJECT WAS ALSO TO MATCH THE GOVERNMENT'S CONTINUOUS EFFORTS AND GOOD INTENTIONS IN ENCOURAGING THE SUPPLY OF LAND AND HOUSES TO MEET THE PEOPLE'S NEEDS.
SPEAKING IN SUPPORT OF THE BILL, HE SAID SCORES OF REPRESENTATIONS RECEIVED BY UMELCO CÁME MOSTLY FROM LANDLORDS.
THEY THOUGHT THAT THE ITEMS TO BE EXCLUDED FROM CO ROL WERE TOO FEW AND DID NOT GO FAR ENOUGH, HE SAID.
MR SO