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Under the Bill, the Tong's legal position will be maintained in the sense that the rights and liabilities of the Tong and a sub-lessee under the sub-leases extended and renewed by the Bill will not be affected by the Bill, except as specifically provided for under the Bill.
While we were formulating this Bill, there were calls for the status of the Tong as the Crown Lessee to be abolished and the sub-leased land be granted to the sub- lessees.
Mr President, I would like to emphasise that one of the most important foundations for Hong Kong's society and its success over the years has been the Government's long-standing policy of respecting and protecting private property rights. Although legislation to remove the Tong's interest in the sub-leased land would be in the interest of the sub-lessees, it obviously deviates from this policy and might be seen as setting an undesirable precedent for Government to use legislation to abolish private property rights. We therefore do not propose such a course of action.
The proposed Bill will achieve a fair, objective and practical solution to the dispute between the two parties and recognises as far as possible the legitimate interests of both parties, without taking away any property rights. I commend it to Members for favourable consideration.
Thank you, Mr President.
End/Wednesday, June 7, 1995
Magistrates Ordinance
Following is the speech by the Secretary for Health and Welfare, Mrs Katherine Fok, in moving the motion of the resolution under Section 18(E) of the Magistrates Ordinance, Cap 227 in the Legislative Council today (Wednesday):
Mr President.
I move the Motion standing in my name on the Order Paper. This motion seeks to incorporate two smoking offences under the Smoking (Public Health) Ordinance (Cap 371) into the Third Schedule of the Magistrates Ordinance. Details of the two smoking offences are set out in the motion.