CO129-469 - Governor Sir Stubbs - 1921 [9-12] — Page 508

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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499

3.

The immediate occasion of the introduction of the bill was the

desirability of providing for the transfer to the original jurisdic-

tion of the Supreme Court of actions brought under the rincipal

Ordinance. This point is dealt with in section 4 of the Ordinance.

Other amendments had from time to time been proposed, but they were

not proceeded with because it seemed undesirable to amend such a

temporary Ordinance except when such amendment was clearly necessary.

As provision had to be made for the tra afer of actions, certain

other amendments were included in the bill.

Some of these other

clauses aroused considerable opposition and criticism, and in parti-

cular clause 8 of the original bill was objected to. It seemed

advisable to avoid insisting on any contentious clauses, and it was

for this general reason that the Standing Law Committee decided to

recommend the omi :sion of clauses 7 to 10 of the original bill.

These clauses are referred to again shortly towards the end of this

report.

4. Section 2 of the Ordinance was intented as a slight additional

safeguard to tenants. Cases have been reported where landlords

were attempting to use section 4(1)(f) of the principal Ordinance

without any real intention of pulling down or reconstruction, and

it was thought that it might do some good to require particularity

in the notice. This section would naturally have disappeared

with the other contentious clauses, but it was not seriously ob-

jected to.

5.

Section 3 is intended to make it quite clear that any summary

is to be tried before a offence created by the Rente Ordinancee

magistrate.

6.

Section 4 gives power to transfer to the original jurisdiction

.

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