CO129-481 - Governor Sir Stubbs - 1923 [8-12] — Page 359

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

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HONGKONG LEGISLATIVE COUNCIL

bear these figures in mind. These people have been offered two flats, 1 under- stand, at Beaconsfield at $35 a month. A flat consists of one room, which flat can be divided by a partition into two rooms. The rent at Beaconsfield is a comparatively moderate one, but it is $35 for only one

room divided by a partition into two as against a house with four rooms with a rental of $73 to $85. Therefore, when in a cheaply rented place like Beaconsfield there is certainly no advantage to be got by the tenant. Furthermore, there are tenants in Belilios Terrace who occupy these four roomed houses at $73 and who sublet the lower part for $33 and so the rental for the remaining two rooms only amounts to $40.

the end of October and I gather that it is impossible for these Italian Mission premises to be ready by that date.

Then, Sir, I come to another offer made to the tenants that was altogether ont- side their means-four roomed flats in Jordan Road at $150-practically double. They are also practically offered flats opposite Orient Building, l'ooms at $120-obvously beyond their

means.

In making these comparisons 1 do not wish it to be thought for a moment that I undervalue the heroic efforts, the very strenuous efforts that have pen made by the acting Colonial Secretary in the matter of the re-housing of the Belilios Terrace tenants. To my knowledge he has taken an enormous amount of trouble in this matter. But the point I wish to make in connection with these tenants is that there is no accommodation available for them at Kowloon-all of them I mean I do not say that some of them may not manage to pay the rents in the houses opposite Palermo Buildings. But the accommodation there. at all events there is a certain limit to The Beacona- held flats are not very well adapted to residential purposes-certainly not much as Belilios Terrace and are the only flats that can be considered in any way cheap. The Jordan Road fats and the flats opposite, Orient Buildings can- not be considered as at all within the means of the tenants.

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Various propositions were mado to these tenants, some of which I under- stand have been accepted in regard to Kowloon. Now I will first of all take the case of premises offered to tenants at Kowloon opposite Palermo. The rental which was asked for those two small rooms, smaller than at Belilios Terrace-- was $80 a month. for two instead of four. a hundred per cent increase of rent. In addition to that there are various extra expenses, ferries for the tenant and his children to go over to school at St. Joseph's and the Italian Convent, possibly totalling another $20 a month, an increase of 150 per cent on the rent. I think the Government have got these rents of the lats opposite Palerino Buildings, reduced, Originally the land- lord asked 880, £70 and so a flat, and now the rent is reduced to $50, but even with such a reduction there is no doubt that the tenant will have to pay a great deal more than he does at present and he will be in a far less convenient situation of rent must in the case of persons tion for his children to go to school, the schools being on this side.

I expect, Sir, that by and by we shall be told that there are numbers of flats in Kowloon that are unoccupied. That is no

real answer to the matter at all. It is quite true you may be able to get a flat at Kowloon, but, after all, the ques-

of limited means from a very important factors. Even those premises which some of the tenants are willing to go into will involve à considerable addition to their rent. I should like to draw the attention of this Council to the somewhat remark- able difference between the language of section 4 (1) (e) and that of (f) of the Rents Ordinance, 1922. In the case of (1) (e) where the lessor requires the premises for his own ocupation for him- self or his family or any person bana fide residing with him he cannot turn the tenant out unless he shows that alternative accommodation reasonably

Then there was a question of housing some of these Belilios Terrace tenants in the new Italian Mission premises which are being built near Robinson Road, Well, Sir, I have got a list of the rentals proposed to be charged for those houses. I understand there are only three rooms instead of the four in Belilios Terrace and in some cases the rental given to amounts to $40 to 360 more than in Belilios Terrace, whereas you have there rooms instead of four. So that cannot be considered a satisfactory exchange by

means. Furthermore, as I under-equivalent as regards rent and suitability stand, these tenants have to turn out at in all respecta is available. In section

any

HONGKONG LEGISLATIVE COUNCIL

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Authority after the said date shall be referred by the Building Authority to the said Committee.

(ii) By renumbering sub-sections (2), (3), (4), (5) and (6) respectively (3), (4), (5), (6) and (7) respectively.

I think there can be no doubt. Sir, that this revision of the law is required in order to protect tenants from being arbitrarily turned out. I should have liked, myself, to have made that revision even more wide. I should have used in the above suggested amendment to have substi tuted the word "approved "for the word "received" and in the second paragraph in stead of "are received" to have substituted

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4 (1) (1) there is nothing of that sort at all. There the tenant simply bas three months' notice to quit given to him and be is left appar- ently to find for himself regardless of whether alternative premises are suitable in all respects and also regardless alto- gether of the fact whether they are reasonably equivalent as regards rent.

Therefore, Sir, there can be no doubt that the case of these tenants-I refer to Chinese and Portuguese-is a really hard one. It so happens. absolutely without any fault of their own, that their parti- cular premises happen to have been pitch. ed upon by some wealthy purchaser who has taken it into his head that he would

not being approved," and instead of "after like to go in for a scheme of reconstruc- have substituted the words "prior to." But, tion. These people only desire is to be Sir, in these matters it is desirable to left where they are and to continue to have unanimity among the Unofficial yay their rent.

And I do submit, Sir, members. The matter has been threshed most earnestly, that their case deserves out and for the sake of unanimity I am every attention from the hands of this simply moving what I consider the less Government. As I said just now, I am strong clause, and indeed I may say quite quite aware that the acting Colonial frankly the less advisable clause. At all Secretary is doing his best in the matter, events this clause, even in the shape in but I think it is time that some altera-in which I propose to move it, will have, tion of the law should be made to prevent 1 am persuaded, a good effect in regard to these hardships from being legalised in reconstruction. It will give the Govern the future. And it is with that end in ment a Committee to refer to, which will view that I shall move a new clause to be have power to postpone reconstruction inserted after clause 6, of which I have from time to time for a period not ex- handed a copy to Your Excellency. ceeding 18 months in all. Of course, IS mouths is put as a maximum period, but it by no means follows that the Com- mittee would recommend any such long period as that. It is only put in by way of protection as a maximum period. I think it is certainly advisable that in any legislation which the Government are now making they should protect the tenants in this way from the operation of the notice to quit, and also that there should be a Committee able to postpone demolition and reconstruction of pre- mises within their discretion.

I shall move the amendment that the following new clause be inserted, after clause 6:-

Section 4 of the princiual Ordinance is hereby amended:-

(i) by the insertion after sub-section (1) thereof of the following sub-section, to be numbered (2). (2) Notwithstand ing anything contained in paragraph (1) of sub-section (i) of this section a Committee of three persons, appointed by the Governor in Council, may, in its absolute discretion, postpone the oper ation of the notice to quit and also the demolition and reconstruction of domestic tenements (in cases in which plans for reconstruction have not been received by the Building Authority on or before the 14th day of June, 1923) from time to time for a period not exceeding 18 mouths in all from the date of the receipt of such plans by the Building Authority.

It seems to me a monstrous thing that these unfortunate tenants, without any fault of their own, should be turned out in the way I have described. And, Sir, may I point out that this clause is really to carry out one of the fundamentals ex- pressed in the original Objects and Reasons of the 1921 Bill, that existing co- cupiers shall not be turned out as long as they are willing to pay the rent. All plans for the demolition or re- Sub-section 3 of section 4 of the Rents construction of domestic tenements Ordinance, 1922, does give a certain which are received by the Building 'power of suspension of turning out, but un-

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