XN000022-1980-02-13 — Page 9

WEDNESDAY, FEBRUARY 13, 1980

HE HOPED HE HAD ILLUSTRATED THE DESIRABILITY OF PUTTING PROPOSALS SUCH AS THIS TO THE COMMITTEE OF REVIEW +FOR MATURE AND DELIBERATE EXAMINATION+.

AMENDMENT WITHDRAWN

THE HON ALEX WU WITHDREW HIS PROPOSED AMENDMENT TO CLAUSE 5 OF THE LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) BILL DURING THE COMMITTEE STAGE.

CLAUSE 5 SPECIFIES CIRCUMSTANCES IN WHICH A LANDLORD MAY REGAIN POSSESSION BUT RECOGNISES THAT THIS NATURAL RIGHT MAY HAVE TO BE LIMITED.

MR WU SAID THAT SINCE THE LIMITATIONS CANNOT BE SPECIFIED IN ADVANCE, OUR INTENTIONS MUST BE CLEAR TO THE COURTS WHEN THEY COME TO APPLY THE LAW IN INDIVIDUAL CASES.

+EXPERIENCE SHOWS THAT WE SHOULD MAKE EVERY EFFORT TO REDUCE THE ROOM FOR DOUBT.

+THIS IS A PARTICULARLY IMPORTANT CONSIDERATION BECAUSE WE ARE NOT ONLY LOOKING AT THIS TEMPORARY HOLDING LEGISLATION BUT WE ARE LOOKING TO THE FUTURE AND TO LONG TERM LEGISLATION WHICH WILL ESTABLISH CLEARLY AND FAIRLY THE RESPECTIVE FUNDAMENTAL RIGHTS OF TENANTS AND LANDLORDS,+ HE SAID.

MR WU POINTED OUT THAT HIS PROPOSED AMENDMENT WOULD IN EFFECT BE TO DELETE THE PROVISO RELATING TO THE MAKING OF A REPOSSESSION ORDER AND TO RELY ON THE SEVERE PENALTIES PRESCRIBED UNDER THE BILL TO DETER ANY LANDLORD WHO MIGHT BE TEMPTED ABUSE THE REPOSSESSION PROVISION,

HE NOTED THAT AFTER HEARINGS FROM THE UNOFFICIAL MEMBERS THE LATEST GOVERNMENT AMENDMENT AS PROPOSED BY THE SECRETARY FOR HOUSING GOES SOME WAY TOWARDS MEETING THEIR OBJECTIONS.

IN PARTICULAR, IT DISTINGUISHES BETWEEN THE CASES OF A LANDLORD AND A PRINCIPAL TENANT WHICH THE UNOFFICIALS THINK IS AN IMPORTANT DISTINCTION.

+ HAVE CONCLUDED THAT THE SECRETARY FOR HOUSING'S AMENDMENT COMES CLOSE ENOUGH TO MY VIEW, TO PERSUADE ME THAT WE SHOULD NOT NOW OPPOSE IT: OUR ENERGIES WILL BE BETTER DIRECTED TO A LONG-TERM ANSWER RATHER THAN TO FURTHER REFINEMENT OF THIS MAKESHIFT MEASURE.

+ACCORDINGLY I ASK LEAVE TO WITHDRAW MY AMENDMENT.

+NEVERTHELESS, I HOPE THAT THIS ACCOUNT OF OUR DELIBERATIONS INDICATE THE DEEP CONCERN WHICH UNOFFICIAL MEMBERS HAVE FELT OVER THIS LEGISLATION AND THE EFFORTS WHICH HAVE BEEN MADE TO ENSURE THAT IT MEETS OUR PRESENT NEED BUT DOES NOT FRUSTRATE OUR SEARCH FOR A SOLUTION WHICH WILL BE INTRINSICALLY JUST AND EQUITABLE, MR WU SAID.

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