XN000022-1980-07-09 — Page 30

WEDNESDAY, JULY 9, 1980

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1 143 CASES OF TENANTS NOT MAKING PROPER USE OF HD FLATS

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DURING THE PAST 12 MONTHS HOUSING DEPARTMENT STAFF DISCOVERED 1 143 CASES OF TENANTS NOT MAKING PROPER USE OF THE IR FLATS, THE SECRETARY FOR HOUSING, THE HON D.P.H. LIAO, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

SINCE SUCH TENANTS CAN BE DEEMED NOT TO BE IN NEED OF PUBLIC HOUSING ALL WERE ASKED TO SURRENDER THE IR TENANCIES, WHICH 722 DID VOLUNTARYBY, HE SAID IN REPLYING TO QUESTIONS FROM DR THE HON HO KAM-FAI.

THE REMAINING TENANTS WERE SERVED NOTICE TO QUIT.

IN CASES INVOLVING ABSENTEE TENANTS ALLOWING THEIR FLATS TO BE OCCUPIED ILLEGALLY, THE UNAUTHORISED OCCUPANTS WERE REQUIRED TO LEAVE ON DISCOVERY, SAID MR LIAO, THOSE GENUINELY HOMELESS WERE OFFERED TEMPORARY HOUSING IN THE NEW TERRITORIES.

+FAILURE TO DISCLOSE+ TRAFFIC BILL PASSED

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THE ROAD TRAFFIC (AMENDMENT) BILL 1980 WAS PASSED WITH AMENDMENTS AT THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

THE ATTORNEY GENERAL, THE HON JOHN GRIFFITHS, SAID ONE AMENDMENT ENABLED THE COURTS TO DISQUALIFY PEOPLE WHO AVOID PROSECUTION FOR SERIOUS TRAFFIC OFFENCES BY REFUSING TO DISCLOSE WHO THE DRIVER WAS AT THE TIME THE OFFENCE WAS COMMITTED.

HE SAID THE PROBLEM WAS THAT THE PENALTY FOR FAILING TO DISCLOSE THE NAME OF A DRIVER INVOLVED IN SUCH AN OFFENCE WAS AT PRESENT LIKELY TO BE MUCH LOWER THAN THE PENALTY FOR THE OFFENCE

ITSELF.

THE COURT, HE SAID, +HAS NO MEANS AT PRESENT OF JUDGING THE GRAVITY OF THE CONDUCT WHICH PROBABLY MOTIVATED THE DRIVER OR OWNER TO REFUSE TO GIVE HIS NAME. +

THE AMENDMENTS REMOVED FROM THE BILL PROPOSALS WHICH WOULD HAVE EMPOWERED THE COURTS THEMSELVES TO ORDER DISCLOSURE OF THE REQUIRED INFORMATION ON PAIN OF A CONTINUING FINE OR IMPRISONMENT.

+HAVING CONSIDERED ALL THE ARGUMENTS, I NOW FEEL, AND THE CHIEF JUSTICE HAS INDICATED THAT HE AGREES, THAT IT WOULD NOT BE DESIRABLE TO ALLOW A SORT OF CONFRONTATION TO OCCUR BETWEEN A MAGISTRATE WHO ORDERED DISCLOSURE AND A DEFENDANT WHO REFUSED TO GIVE IT.

+ THE ORIGINAL PROPOSALS IN THE BILL MIGHT ON SOME OCCASIONS HAVE LED TO THIS, HE SAID.

/BUX, MR

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