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HONGKONG LEGISLATIVE COUNCIL
collection of the respective standard rents of his property, while he will still be bound to pay to his lessor the lump sum rent which he agreed to pay when he was unrestricted as to the rents which he could collect from his tenants. Clause 5 gives to such an intermediate lessee the right to apply to the court for the re- vision of the rent payable by him under his lease, and the court is given an un- controlled discretion to make any order which the court may consider just. If there is another intermediate lessee above the lessee just referred to, the revision of the latter's rent will in juriously affect the former, who is ac- cordingly also enabled to apply to the court to revise the rent payable by him to his lessor. The intention of this is that any loss caused by the reduction of the rents payable by the actual tenants shall be shared fairly by the various lessors. The Court in question will be the Stemmary Court, and there will be an appeal by special leave to the Full Court.
11.-Clause 6 provides that any ques- tion arising under the Ordinance is to be decided by the Summary Court in the first instance, and that an appeal will lie as of right to the full court of two judges, whose decision shall be final. (The giving of jurisdiction to the Sum- mary Court is in order to secure quicker and simpler procedure and the lower scale of costs which prevails in that Court). It will be noticed that there is an appeal as of right in all cases, ex- cept in the one case of revision of rents payable under intermediate leases. An appeal as of right is not given in the latter case because no question of law would ordinarily be involved, and the decision is intended as a sort of arbit ration between the parties 50 to arrive in a more or less rough and ready way at a fair apportionment of the loss caused by the Ordinance.
as
13. The Ordinance is to continue in force until the 30th June, 1922, and power is given to the Legislative Council by resolution to extend this duration for such term, not exceeding one year at any one time, as may be specified in the resolution.
14. When the Ordinance eventually does come to an end, any tenant then in occupation shall be deemed to be holding over on the same tenancy terms as those on which he was holding im- mediately before the termination of the Ordinance, unless he has received from his landlord such notice to quit, ter- minating with the termination of the Ordinance, as would have been a due notice to quit under the terms of his original tenancy. For example, a monthly tenant will be entitled to re- main on in his house or other tenement for at least one month after the ultimate termination of the Ordinance, unless bis landlord shall have given him month's notice expiring with the Ordin- ance. In other words, a landlord can not turn a monthly tenant out, either at or after the ultimate expiration of the Ordinance, except by giving the tenant a month's notice. Similar re- marks apply to other tenancies, such as yearly or weekly tenancies. Any tenant so holding over after the termination of the Ordinance holds over at the stand- ard rent.
one
It
In other
15.--(This, sir, is
an important olause). Clause 4 (4) has a retrospective operation, and for that reason the sub- clause deserves special attention. provides, in effect, that if any ejectment order shall have been made before the passing of the Ordinance, but shall not have been executed, the court may rescind or vary the order, if it is one which would not have been made if the Ordinance had been in force. words, a tenant who has received notice to quit on the 30th June, but who, being 12. Returns under the Rating Ordin- quite unable to find other accommoda- ance, and assessments, are made admis-tion, remains on in his house after the sible as evidence of the rent of premises. 30th June, and who has an order for Power is also given to the court to order ejectment made against him before the the production of any books of account passing of the Ordinance, will, if this or documents whatsoever, if it appears sub-clause become law before he has to the court that such books of account been actually turned out, be able to or documents may be relevant to any apply to the court to rescind or vary the matter arising under the Ordinance. ejectment order.
HONGKONG LEGISLATIVE COUNCIL
THE ATTORNEY-GENERAL added-We can hardly flatter ourselves, sir, that this Bill is perpect, but I think any faults that it contains can best be discovered in the actual practical application of the Ordin- ance after it is passed, and, if necessary, supplementary legislation can be enact
ed.
THE COLONIAL SECRETARY seconded. and the Bill was read a first time.
Amendment of the Public Health
and Buildings Ordinance
THE ATTORNEY-GENERAL-I beg to move that the second reading of the Bill intituled, An Ordinance to amend further the Public Health and Buildings Ordinance, 1903, be postponed to the next meeting of this Council.
This was agreed to.
Amendment of the Crown Lands
Resumption Ordinance
THE ATTORNEY-GENERAL-I beg to move that the second reading of the Bill in- tituled, An Ordinance to amend the Crown Lands Resumption Ordinance, 1900, be also postponed to the next meeting of this
Council.
This was agreed to.
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On the Council resuming, the ATTORNEY- GENERAL moved, and the COLONIAL SECRETARY seconded, the third reading of the Bill.
This was agreed to and the Bill passed accordingly.
Amendment of the Criminal
Procedure Ordinance
THE ATTORNEY-GENERAL moved the second reading of the Bill intituled, An Ordinance to amend the law relating to criminal procedure in the Supreme Court. THE COLONIAL SECRETARY seconded, and it was agreed to.
The Council went into Committee, approved the Bill clause by clause, and, on the Council resuming, the third reading of the Bill was approved, on the motion of the ATTORNEY-GENERAL, seconded by the COLONIAL SECRETARY.
The Bill passed accordingly.
The Non-Ferrous Metal Industry
Ordinance
THE ATTORNEY-GENERAL moved the
second reading of the Bill intituled, An Ordinance to repeal the Non-Ferrous Metal Industry Ordinance, 1919, and the Non-Ferrous Metal Industry Amendment Ordinance, 1920.
THE COLONIAL SECRETARY seconded, and it was agreed to.
462
Maintenance Orders (Facilities
for Enforcement) Ordinance
THE ATTORNEY-GENERAL- I beg to move the second reading of the Bill intituled, The Council then went into Committee, An Ordinance to facilitate the enforce approved the Bill clause by clause, and, ment in the Colony of Maintenance
Council on the
third resuming, the Orders made in England or Ireland and reading of the Bill was approved, on the vice versâ, and to declare the application motion of the ATTORNEY-GENERAL, of the Married Women (Desertion) Ordin-seconded by the COLONIAL SECRETARY. ance, 1905, and to amend the said Ordin.
ance.
THE COLONIAL SECRETARY-I beg to second.
The Bill passed accordingly.
The Companies Ordinance
THE ATTORNEY-GENERAL moved the The motion was carried, and the Bill second reading of the Bill intituled, An was read a second time.
Ordinance to amend further the law relat- ing to Companies.
THE ATTORNEY-GENERAL moved that the Council go into Committee to consider the Bill clause by clause. This was agreed to. The clauses were approved without amend- ment, except that misprint
a corrected.
was
THE COLONIAL SECRETARY seconded, and the Bill was read a second time.
The Council then went into Committee to consider the Bill clause by clause.
No comments yet.
Private notes are available after approval.