1938-06-02 — Page 10

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THE CHINA MAIL, JUNE 2, 1988

The China Mail Ninety-Third Year of Publication

BA Wyndham Street, Hong Kong. Telephone 20022

London Office:

7, Garrick Street, London, W.C.2.

Notice To Contributors.

[may seem to lie in the elasticity of interpretation apparently pos- sible in the terms harsh and op- pressive' and 'exceptional hard- ship' but the intention of the le- gislation as indicated by the short title, Prevention of Evictions Or- dinance, must be assumed to be a sufficient safeguard.

The briefest examination of the text of the Bill relieves the All communications intended for

landlord of any anxieties. At no publication should be addressed to point can it be described as aim- the Editor, and be accompanied by ed against the good landlord. It the Writer's Name and Address, does seek to curb the activities of that type of owner who would not necessarily for insertion but as

throw even a long-standing ten- a guarantee of good faith.

ant on the streets to fake in the large profits promised by a weal- thy refugee willing to pay an ex- orbitant figure to secure accom- modation with the least amount of trouble to himself. It will make impossible, too, the secur- ing of eviction in due process of time by elevating rents to unrea-

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Hong Kong, Thursday, June 2, 1938. sonable proportions. Where the

PREVENTION OF EVICTIONS BILL

Their

bad landlord attempts this, the tenant may decline to pay the in- crease and compel submission of the dispute to the court, which Passage of the Prevention of now has power to determine what Evictions Bill through Legislat-increase of rent (if any) is fair tive Council in a single session and reasonable, regard being had bespeaks Government's belated to the character and condition of recognition of the gravity of the the dwelling-house and the rents situation created by the continued of similar dwelling-houses in the influx of refugees and brings im-vicinity. In this connexion, the mediate relief to many minds. Reference Committees which will Those for whom the measure be established, as need arises, by comes too late may feel the-more the Governor, represent an im- deeply grieved, but generally, the portant and pleasing feature of Bill despite what it fails to the protection structure. give will commend itself as principle task will be to consider better than nothing at

all. and determine any question in As we read the Bill, com-relation to rents payable which plete protection is afforded where may be submitted to them by the it is most sorely needed, namely, court. It may be put to the cre- in the wretchedly overcrowded dit of the Bill, however, that it small tenements where occupiers contemplates an extension of pay less than $20 monthly in their duties in a direction leading rent, and no proceedings for evic to avoidance of unnecessary liti- tion against such tenants can gation. In the working of the succeed during the twelve months' Ordinance, indeed, it will pro- ›› currency of the Ordinance, ex-bably be found that this exten- cept, presumably, for failure to sion of their powers, to the field meet proper obligations. For the of arbitration, will more and more dominate proceedings under rest, the provisions are more com-the Ordinance. The pertinent plicated, but the measure of pro-Section 4 (2) provides that the tection is, at least, a revolution-reference committee may consi- ary advance on the law which the der and determine any questions. in relation to the rent payable or : Bill temporarily supersedes. The to be paid by a sitting tenant effect, briefly stated, is to switch which may be submitted to it by the onus of proof. Common law tenant and landlord. The 'and' is as administered in the Supreme important for it calls for mutual acceptance of the principle of ar- Court in recent eviction cases bitration and therefore of the placed upon the tenant the onus finding of the Reference Commit- of showing why he should not sur-tee constituted as an Arbitration Board. The right of appeal from render up possession and no ex- the decision to a Judge in Cham- cuse held good provided the land-bers is granted, naturally, to lord had given notice to quit in either party if he feels dissatis- legal form. The new Ordinance fied. robs the notice to quit of its ter-

Bearing in mind the many rors and gives the Court full plain official intimations of ex- powers to annul it or set it aside. treme reluctance to interfere in It suffices for the tenant to show any way with the rights of land- lords over their properties, the that eviction would be harsh and Bill is a distinct achievement. It oppressive, or would cause ex cannot be asserted that it cures ceptional hardship, for the Court all the evils of the housing crisis. to deny possession to the land-That would be beyond the ingen

uity of the cleverest legal drafts- lord, subject to any conditions man. But it does mean the end which the Court may see proper of the worst examples of victim- to impose. Cause for uneasiness isation.