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Housing (Amendment) Bill 1995
Following is a speech by the Secretary for Housing, Mr Dominic Wong, in moving the third reading of the Housing (Amendment) Bill 1995 in the Legislative Council today (Wednesday):
Mr Chairman,
I move that clause 7(2) be amended as set out in the paper circulated to Members.
The original clause 7(2) provides that an appeal tribunal appointed under the proposed section 7A(6) of the Housing Ordinance, in determining an appeal, should have regard to the Hong Kong Housing Authority's policies that applied to the subject matter of the appeal, and which the Housing Authority relied on when it decided to terminate a lease or to issue a notice to quit to which the appeal relates. The proposed amendment to clause 7(2) ensures that the concerned appellant was or could reasonably be expected to have been aware of the Housing Authority's policies when it made the decision.
Mr Chairman, I beg to move.
Second reading of new clause 7A
Mr Chairman,
I move that new clause 7A as set out in the paper circulated to Members be read the second time.
Clause 7A arises from our policy intention to deter the creation of mortgages or charges not authorised by the Housing Authority by making them void and rendering the offenders liable to prosecution. Legal advice is that clause 6 of the Bill only deals with the question of voidance and is not adequate to render those who create It would also be unauthorised mortgages or charges liable to prosecution. inappropriate to take prosecution action on the basis of clause 6 of the Bill or the existing offence-creating section 27A of the Housing Ordinance. We therefore propose the addition of a new clause to clarify the legal position and to make people who lend or borrow on the basis of unauthorised mortgages or charges liable to prosecution.