XN000022-1980-03-12 — Page 2

WEDNESDAY, MARCH 12, 1980

GOVERNMENT'S INTENTION TO PROTECT TENANTS REAFFIRMED

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THE ATTORNEY GENERAL WILL AT ONCE INTRODUCE AMENDING LEGISLATION TO GIVE TENANTS THE PROTECTION ORIGINALLY INTENDED AND TO PUT THE MATTER BEYOND ARGUMENT IF THE APPEAL BY THE TENANT IN THE RECENT DISTRICT COURT CASE FAILS.

REPLYING TO A QUESTION FROM THE HON JOHN BREMRIDGE IN THE LEGISLATIVE COUNCIL, THE ATTORNEY GENERAL, THE HON JOHN GRIFFITHS SAID HE WAS TOLD BY THE TENANT'S LAWYERS THAT THEY HAD BEEN INSTRUCTED TO APPEAL AGAINST THE DECISION BY HIS HONOUR JUDGE BEWLEY LAST FRIDAY.

MR GRIFFITHS SAID IT WAS NOT TRUE THE BELIEF IN CERTAIN QUARTERS THAT THE GOVERNMENT WAS PURSUING THAT APPEAL.

+THE GOVERNMENT WAS NOT A PARTY TO THE PROCEEDINGS WHICH WERE BETWEEN THE LANDLORD AND HIS TENANT, AND CONSEQUENTLY NEITHER THE ATTORNEY GENERAL NOR ANYONE ELSE ON BEHALF OF THE GOVERNMENT HAS THE RIGHT TO APPEAR, SAVE IN EXCEPTIONAL CIRCUMSTANCES WHEN THE COURT SO INVITES, HE SAID.

HOWEVER HE SAID HE UNDERSTOOD THE COURT OF APPEAL WAS LIKELY TO EXPEDITE THE HEARING OF THE CASE, WHICH CONCERNS A MATTER OF PUBLIC IMPORTANCE. IT IS HOPED THAT THE HEARING WILL TAKE PLACE WITHIN THE NEXT MONTH OR SO.

HE POINTED OUT THAT IT WAS IMPROPER FOR HIM TO COMMENT ON THE DECISION OR THE LIKELY RESULT OF THE APPEAL.

+THE JUDICIARY IN HONG KONG IS INDEPENDENT AND IT IS THE IR JOB ALONE TO INTERPRET LEGISLATION AND DECIDE WHAT ARE THE LEGAL RIGHTS OF CITIZENS UNDER ORDINANCES PASSED BY THIS COUNCIL,+ HE SAID.

IF THE APPEAL WAS LOST AND THE LEARNED JUDGE'S DECISION WAS UPHELD, THEN IT WOULD SHOW THAT IN THE DRAFTING OF THIS ORDINANCE, I HAVE NOT CORRECTLY CARRIED FORWARD THE INTENTIONS OF THIS COUNCIL WHICH WAS EXPLAINED TO THE COUNCIL BY THE SECRETARY FOR HOUSING IN HIS SPEECH ON JANUARY 16, HE SAID.

IN THE MEANTIME, HE REPEATED HIS ADVICE TO BOTH LANDLORDS AND TENANTS THAT IT WOULD BE PRUDENT FOR THEM TO AWAIT THE DECISION OF THE COURT OF APPEAL BEFORE TAKING ANY ACTION THAT MAY AFFECT EXISTING TENANCIES.

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