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JAP REPARATIONS
THE CHINA MAIL, THURSDAY, NOVEMBER 21, 1946
Landlord and Tenant
Text Of Report Of The Special Committee
der the Proclamation; and, pro-
Ample Notice
Following is the text of the 'reant, his widow, children and other noted that, we are convinced that port of the Committee appointed dependants, provided they were such an increase will in the vast to consider and report on the living in the premises at the date majority of cases have no effect practical workings of the land-of his death, be protected against upon the rents paid by sub-ten- lord and tenant proclamation: ---- eviction. An adaption of the reants. It appears that this class is At an early meeting, it was levant portion of section 12 (1) already being made to pay to prin agreed that the views of the (g) of the 1920 Act (as amende cipal tenants much more than the public should be sought. Accorded by the 1933 Act) (set out beintter are allowed to charge un- ingly, notices were inserted in the low) should meet the case. local papers. This produced thirty- "...the expression "tenant"vided aur recommendations re eight letters from the public. A includes the widow of a tenant garding the control of principal number of these dealt with the who was residing with him at the tenants are adopted, we are satis- case for the landlord; several put time of his death; or, where a ted that there will be no ‘pos- Numerous Pacific war-dam- the tenant's point of view; not tenant, leavor no widow or is asibility of this increase being pass-
member of the ed on in such cases.) aged nations, are hungry for re few showed complete ignorancewoman, such parations and have their eyes either of the whole of Proclama-tenant's family so residing was focussed squarely on Japan, as a
tion No. 13 or of its penal clauses; aforesaid as may be decided in agreement by the via Manila... Tuesday, 26th Nov.source of rehabilitation material others made manifest the evil of default of
(c). That ample notice of such HONGKONG-BANGKOK Wednesday 27th Nov. It is because this is becoming in-showed that members of the pub- (Cases under the Home Acts permitted statutory, increases be
the principal tenant;, while some county court;" HONGKONG-CALCUTTA Wednesday 27th Nov.creasingly evident that the United Ife completely misconceived the have shown that dificulties may given to the public, if these re- States is pressing to get Japan duties of the Committee, the arise on the death of a tenant. commendations are accepted. It ese reparations discussions going writers seeking legal assistance or Such a measure, therefore, is de- is our view that if sanctioned they early December. Reports in advice instead of making sugges-sirable, and is clearly within the should not come Into effect until dicate that claimant nations are tions which might have been or Intention of such legislation).
(d) that vacant land, including swinging into line with prelimin-some assistance.
In the difficult matter of de- land used for the purpose of stor- (d) That in the case of business! Jary estimates of what they hope
to obtain. But new major vising means of controlling the age of timber or other goods upon premises the subject-matter of at
charges made by principal ten-which land there may be tem-lease of not less than sover years ants we had the assistance of the porory structures used in connce- there be no restrictions as to the Government Assessor, Mr. J. Ring, lion with the storage, such as for rent that may be charged. for whose information and ad- watchmen, should be exempt (Such freedom from control vice we are grateful.
should foster economic develop- REPORT AND RECOMMEN
(There can be no sound reasonment, in that it would permit of
And claimants be considered in a reDATIONS IN RELATION TO for control in these cases.
de-control may assist in the pro- parations pool, subject to claims TERMS OF REFERENCE. by all-concerned?-In-addition to 1. As to whether and if so how notion of building to relieve the those assets in Manchuria which Tar, restrictions on obtaining shortage).
possession should be remov- Russia removed, for the great part, as war booty, it is learned
Agents:
HONG KONG CANTON EXPORT CO., LTD. 3rd floor, French Bank Building, Telephone No. 28600
Kowlurn Office: Peninsula Hotel A reade Tc. 59440.
FEATI
MANILA, PHILIPPINES,
Hong Kong to San Francisco
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TUESDAY, 26th November, 1946.
FARE: US$850
obstacles to quick settlements are constantly appearing. One per tinent questian looms. How will Japanese assets which are located within the territories of various
ed:
from control.
School Buildings
1st February next. i.
expenditure on the basis of long term planning, as in the case of enterprises where security of restaurants, factories and other lenure for a number of years must be a condition precedent to
There is every indication that It is obvious, however, that a heavy outlay. It is felt that that China, the Philippines and the housing shortage in Hong even after providing as in (a) in stach, cases the tenant would others where one-time Japanese Kong will continue, for a number to (d) above, the present restric-readily agree to pay more than
in
this
CARNIVAL
By Dick Turner
"Better move back over to your right a little, children- Gov papa is out of the picture!"
BARCLAY ON BRIDGE
By Shepard Barclay “The Authority on Authorities”
UNCONSCIOUS OF DANGER
refrained from giving... This name The heart 2 was led to: the A. the club A and K were” C-54 "KYMASTER" 4 ENG NED PLANE pies were located are taking of years, having regard to build- tions on obtaining possession of the satutory rent in return for
up the position that these pro-ing costs, the abnormal conditions premises as laid down in Prothe assurance of long tenure).
2 never heard of 3 res perties must not be included in brought about by war damage, clamation 15 make for hardship
girl who didn't know when she scored and a trick given up
to the Q. South returned, they of our de was being squeezed-except at increase of in many instances, and that as B. In the course the Japanese reparations. pool. and the post-war
heart 6 to the K, whereupon... Instead, they are insisting that population which shows no sign worded the Proclamation covers liberations it become clear that a the bridge table. There are East reached his own hand. Us
it could heavy burden is placed upon the times. however; when a bridge ruffing the heart 3 with thes these belong to the territories of ceasing. In view of the above, numerous cases which
of dwelling-houses, squeeze play operates so early club 7. Then the club 10 was which in effect cut never have been the intention of landlords where they are located and that measures
to protect. down the common law and con- the legislature
The particularly in the case of tene in the game that the victim is laid down to take out South's Free Baggage Allowance: 30 kilos.
additional assets within the Jap tractual rights of landlords, how ease of school bulldings may be ment houses, by reason of the fact either totally unconscious of last trump. That was only the anese islands must be carmarked FREIGHT: US$8.50 per kilo,
ever distasteful these may be, mentioned as an example: by that on them lies the expense of the danger or daly vaguely seventh trick, but is squeeze)- to satisfy reparations claims are justified; and it should be reason of the Proclamation, it is effecting, statutory repairs, that sense it. This is especially so North in all three other suita Agents:
Quite obviously persistence noted that similar legislation has impossible for the owners of ais, repairs which they are called if the squeeze involves a choice
Having discarded - the spades prove prevailed in the United Kingdom school building to recover its pos-upon to make by the Urban of discards from among three the third slib, North was attitude -must
of World War I, session from tenants who became Council or the Buliding Authority, different suits. HONG KONG CANTON EXPÓRT CO., LTD. a sharp obstacle to American ef since the end
The sufferer forts to get the December dis- But whereas in the United King- such after the closure of the school It is clear too that in a large usually reckons then that he reduced to three spades, the
heart and the three: di 3rd floor, French Rank Building, Telephone No. 28600 · cussions going, as Mr. Pauley in- dom business premises have not in consequence of the Japanese number of cases these perene air can toys off a card from some mords, and the dummy retain
Kowloon Office:
can i sisted upon last week. The Ameri- been controlled since about 1924, occupation. It is envisaged that necessitated by the negligence of suit which his partner Peninsula Hotel Arcade Tel. 58440.
can attitude, understood
it is felt that in Hong Kong their there may be many parallel cases. tenants or sub-tenants, and that protect, whereas it, may be that ed two apades, the heart 10 and to be strong, is that Japanese properties of the abnormal conditions pre- for each would be well-nigh" im-cost of labour and material it his hand.
control must continue by reason To legislate by way of exception in view of the greatly increased any discard, he picks will wreck four diamonds, while East held" wherever located should be convalling, these in the main arising possible; wherefore we recom-would be inequitable not to pass. sidered subject to overall repara-, from the establishment of an un-mended that powers be given to a portion. of this "burden onto!! tions claims. Despite these dif- usually large number of new His Excellency, the Governor-in-tenants. For this reason we ficulties, the claims already in businesses and enterprises and Council en application, by way make the following recommenda
exempt from the tions:- ? dicated reveal sufficient of the from the fight. of capital from of Petition to
neighbouring places. We recom-Proclamation or other enactment size of Pacific reparations aspira-mend therefore that only very which may replace It any case
cost of (a) That where the
I. V.
AIRLINE
AIR FREIGHT SERVICE TO NEW YORK¦tions to indicate that Japan is de limited de-control in manner set which in his discretion he should statutory repairs does not exceed
via Manila - Honolulu - San Francisco.
RATES.-U.S.$2.65 per Ib. to New York.
U.S.$2.25
**
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San Francisco.
Next departure about 22nd November.
No Passenger Accommodation.
For further particulars, apply to:-
GILMAN & CO, LTD.
4A, Des Voeux Rd., C.
11
Tel. 27871
SAMUEL LAW & SONS, LTD.
for
Card clothing for textile machinery Sole Agents in Hong Kong & South China:- REISS, BRADLEY & CO., LTD.
National City Bank of New York Building,
2 Queen's Rd. Ca Telephones 28006/7. Hongkong.
This is
the tube
to buy
if
you want
White
Sparkling
TEETH
CLR
IPANA
signed for thorough plucking of out below should be allowed. her industrial and other re- sources if the various nations concerned have their way. "China
that is of economic value t
"Invidions".
consequences
Rent Increases
#
2. Whether and if so by' what methods a general incredie on the 1941 Tent should be be permitted:
a decision. NEMAS NO
where the
Tenants' Repairs
SJ 10 9 8 HQ794 DQ9G AC 42
SAQ78 HAK 103 DAKID
W
CB
3.K 2
H.87 62
D 7 3-2
"CQ 9 63
$64 HG DJ 84 CAKJ10 8.7
three, spades, the diamond J-S and club 10-8. The diamond was thrown from the dummy i North felt be had to keep hiss: heart Q and three diamonds,80 discarded one of his spades East then messed the spade Q and scored the A also they diamond A and K, ruffed the diamond 10 with his last trump, then scored the spade 5. which had been set up By North's discard on the seventh trick, Pretty, eh?kke
Tomorrow's Problem
S None
HA. K, Q. J. 6,5-3...: DAK Q10, 6
CAR492 N
$5.1 WE H1074,
[DJ9432.
CQ108:
5.922 JI.98 2
GJ 9 6 5
D 8-7.36.
require premises for theléòin
(This was the subject of a letter New Premises
from us to the Honourable the 3.Whether and if so how far Attorney General as follows:
1941." and how the rent of new pre 24th August 1 misca should be controlled." The acute housing shortage pres
think it so to exempt. This re- $500, then half of such cost is to |commendation, was made in- be borne by the tenant, or if there letter addressed to the Honaur.be more than one tenant, then able the Attorney-General (see pro rata; the tenant's share to be is interested in everything in Japan under
In making the recommendations pages 11-12 post) and has been paid in twelve monthly Instal- that might be used to help repay aware that to, single out land-fication No. 388, Gazette,
this head we are fully adopted (see Government Nollments where the cost does not ex- 6th Ceed: $200, and, in twenty-four us for our war losses, as we suf- Jords for such control might seem September, 1946).
It is thought inonthly instalments
(Dealer South. "Bath sides) fered most severely of all the na invidious, there being as yet no that the grant of such a power cost in between $200 and $500. tions engaged in the Pacific war," similar control or no control to would not result in a large num-
vulnerable.) ·
Weat (b). Where the cost of such re- South
North Enst was the statement of a Chinese the same extent in the case of ber of applications.
pairs cxceeds $500, the excess Pane 20
PASH 5C delegate concerned with present other enterprises. It must be re-
over that sum is to be borne That was hidding of a kind ing China's claims before the Far cognised, however, that unless
wholly by the landlord.
you would not expect to hear if Last Commission in Washington. some restrictions are imposed in
this hand got played a dozen SAKQJ and the re- "We need more types of the the matter of rent
(c) To safeguard the tenant times in a big duplicate More 10.8 assets in Japan than do other covery of the possession of pre-
mises,
against any possible abuse of this
would have 7 6 gradual bidding economic ," he continued. "We very serious to the Colony may claimants,"
provision we recommend that pro- want to get everything there that well follow. We recommend
A. We are unanimously of the vision be made whereby a tenant been so much more informative, 1 None however, that it would have D None' is of value to-us. China has no
(4) that in the discretion of aj opalon that there is no justifea who regards the cost of such re-ended, a large number of exi spirit of malice or revenge to tenancy tribunal an order for tion for restritting rents to the pairs as excessive may apply to ward Japan, but we must be just eviction may be made
1041 Level, Wages have largely Tenary. Tribunal to determine pert bidders in an unsound slam to ourselves. In brief, we are in
in the case of all tenancies, increased; prices of commodities the proper 'cost. However, the sound because it depended landlord's obligation to carry out on the location of the spade- K.
(Dealer North!" Both, aldes terested in everything in Japan where there has been a breach and building materials have gone such repairs is not suspended or and even at that, required a
of any term of the tenancy agree-up considerably, with a corres
make...
vulnerable). China," It is known that China. by which the tenant, is under, antenance and repairs; and the cost Plication to the. Tribunal, and ́he|
ment other than the term or terms. ponding raise in the cost of maid-n any way affected by the ant spectacular squeeze to
Here are the details reported | What is the undest the Philippines and others who obtigation to vacate the premises of living generally is very much must proceed with them pending by a player in Jeannette, near ding, by all concerned, on this are preparing to present Japan
Greensburg, Pa. who modestly deat (i) in the case of tenancy higher than it was in 1841, Were (These recommendations are with their war bills, include in agreements entered into after it not for other factors, the above only in respect of month to month their claims such Japanese indus- Proclamation No. 15 came into would warrant the recommenda tenancies and tenants who re- in that he is prohibited, only from trial assets as shipyards, dry force, in addition, to and other-tion of a very large increase in imanin in possession by virtue of the charging a higher rent.) docks, cement plants, steel rolling wise subject to the limitations of rents. That this is impossible. Proclamation).
(1) above, where there has been however, is clear for the same mills, coconut and copra oil ex breach of any term by which reasons as are given in paragraph traction plants, fishing boats, railways and mining equipment, premises upon the sale therest.
a tenant has agreed to vacate the 1 above for the continuance of
restrictions on obtaining: posses- C. It is believed that a large iron and steel mills, paper fac-1
(b) that a tenant who has be- sion. Nevertheless, an unanswer-number of tenants have, since tories, power plants, lumber mills, come such after the re-occupation able case is made out for a recom-the re-occupation of the Colony. wood-working machinery, textile of the Colony upon the condition mendation of some increase of expended considerable sums in vailing in the Colony can only I have the honour to inform and rayon producing and spin- that he will vacate the premises en We accordingly recommaking their premises habitable; be remedied by large-scale new you that seven meetings of my ning plants. For the moment per- on the return of its pre-war tenant mendesk
and it is probable that in many building. In view of the high cost committee have already been (a) That in the case of dwell-cases this was done in reliance of materials and wages, we are held and that it is hoped, la ter haps, while cautiously indicating may be evicted upon his refusal their desires to get at these Jap- to quit the premises and give ing-house an increase in rents on the rent-control at present in of the opinion that to place any minate the work of the committee
up to 30% over the 1941 level, be force. We recommend in all cases restriction upon the rents of new in another one or two meetings. anese assets, they are at present
permitted t
in which a tenant be, with the premises would be to discourage, The committee's report should more interested in obtaining a Prewar Tenants
(b) That: in the case of bus consent of his landlord, incurred such enterprises and Inevitably to ready for Government about ness premises an increase in rents expenditure by way of repairs prolong the serious situation. We the middle of September. In the | detailed. list of what is going to We considered at some Length up to 45% over the 1941, level beamounting to the equivalent of therefore, recommend:
meantime, I have been instructed be divulged in a great part, in ways and means to assist the pre-permitted;
Boot less than twelve months" rent (a) that there be no control of a request that the following war tenant to recover premises provided in either case that one at the present statutory figure, rents in the case of new pre-amendment be made ja Proclama- Mr. Pauley's final reparations re- previously occupied by him; and month's notice of any proposed that a bar he placed upon any in-misest for Lion No. 15 as amended by Fro port, which now it in the hands came to the conclualon that the increase be given to the tenant crease of rent, otherwise sanc (b) that premises continuously clamation No. 25, of President Truman and other many dianculties involved, such (Our reasons for differentiating tioned, and that no such tenant untenanted since the liberation Amendment in Article 13. of high United States authorities, as the class of pre-war tenants to between dwelling houses and shall be charged a higher rent by reason of not being habitable Proclamation No. 23. The claimants take the at-which this should apply, the real business premises are -(1) whereas | for the number of months there- and, which are now or henceforth (see B.MA Gazette, Page 155, titude that they will decide on sons why the premises were given the increase in the case of dwell after corresponding to the nun rendered leountable by reason of Section 1A (17 to 16 amende their demands finally, and name up which inevitably must be a ing-houses would affect employess ber of months, rent at the 1941 extensive, replies at the land- bed by the addition of the "fol- priorities · for their satisfaction; consideration, the circumstances and replayers alike, that in the rale which is represented by the lord's expense should likewise hotlowing words desde after they see what is to be had, in which the sitting tenant be- case of business premises will be amount expended on repalés, be the subject of rent control.
came, possessed of his tenancy, felt only by employers who, it is b
It is fell that only by such a The Philippines, another of the &c., make any attempted legisla considered, may more easily bear (1) 1941, rent$100 per freedom from rent control, can major claimants, have indicated ton along these lines impractic the larger increase: (1) the month, sound
landlord be induced to incur the terest therein after the first the dwelling-house, or any in- that they expect to receive at least able. Hence the single recom- larger increase in Use case of Ambunt spent by tenant heavy expendintre necessary to day of September, 19467 U.S.$100,000,000, in Japanese mendations under this sub-head. business promises will have no on repairs $1,800
rehabilitate the large number of after the word assets, but this is only a partial(e), that in the case of dwelling effect, or at worst negligible () General increase of rent buildings which have been the the second line the statement. The Philippines, like house, upon the death of a ten-one, upon the cost of living. But, sanctioned as from fat February, victims of extensive tooling or of The object of Chiña, consider they are among
and for the other considerations above. | 1047,
war damere);
is self-evident. mentioned, there would be no (lv)
ther and if so how far stands a pers legialation would be chapera house, modifed with particular revi
the inter persons becomwhich bursrecent ded
be available. This is expected to
them up to the pre-war tenant.
TOOTH PASTE ult of the Pacific Wat, and tion of preventing Japan's econo-ground for the distinction, in tunt brainst this feruit goulin
A
LANDLORD AND TENANT; COMMITTEE. AQ47
"not being a landlord who has; beemme landlord by purchasing
| the worst cufferers as a re- page they will certainly insist upon, re mie destruction remains to be an increase by an equal percent August 1918, le 18 months renthened improned of it hel parations right up to the maxi-seen, It is all too apparent that of premises. This recommendation (This" dscizion
Ave is warranted in both classes later.M mum, limit of Japan's, capacity, to Hong Kong's prospect of obtain is only in respect month for as allerding some meet the bill How the United ang reparations bearing any real month tenancies and tenants who to the tenant for his States expects to adjust repara relation to the extent of her war remain in possession by virtue of while at the same Ume tions claims to the avowed inten. Lasses are small, jaden!
Proclamation It Jabould be not penalise the landlord
ground that they.
in
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