XN000022-1981-11-20 — Page 4

FRIDAY, NOVEMBER 20, 1981

THE COMMISSIONER OF RATING AND VALUATION IS ALSO TO TAKE OVER MORE OF THE FACTUAL AND TECHNICAL MATTERS FALLING UNDER THE ORDINANCE. WHERE APPROPRIATE, THERE WILL BE PROVISION FOR APPEAL TO THE LANDS TRIBUNAL AGAINST A DECISION OF THE COMMISSIONER.

THE SPOKESMAN POINTED OUT THAT IN FUTURE PROCEEDINGS, EXCEPT IN RESPECT OF APPEALS TO THE COURT OF APPEAL, EACH PARTY WILL BEAR HIS OWN COSTS. THE COURT OR TRIBUNAL WILL, HOWEVER, RETAIN THE DISCRETION TO AWARD COSTS AGAINST A PARTY ENGAGING IN FRIVOLOUS AND VEXATIONS PROCEEDINGS.

ALTHOUGH, UNDER THE BILL, POSSESSION CASES UNDER PART II OF THE ORDINANCE REMAIN WITHIN THE JURISDICTION OF THE DISTRICT COURT, IT IS INTENDED THAT THIS FUNCTION ALSO WILL BE TRANSFERRED TO THE LANDS TRIBUNAL.

LEGISLATION TO ACHIEVE THIS, AND TO PROVIDE FOR THE NECESSARY AMENDMENTS TO THE LANDS TRIBUNAL ́ORDINANCE AND THE RULES TO COPE WITH THE TRIBUNAL'S NEW FUNCTIONS, IS IN THE COURSE OF PREPARATION. THIS LEGISLATION WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL WITHIN THREE MONTHS.

THE BILL ALSO

* SEEKS TO APPLY TO PRE-WAR DOMESTIC PREMISES THE SAME PROVISIONS WHICH APPLY TO POST-WAR DOMESTIC PREMISES IN RESPECT OF INCREASES IN RENT WHERE IMPROVEMENTS HAVE BEEN EFFECTED=

*

RE-STATES CERTAIN PROVISIONS OF PART || OF THE ORDINANCE TO CLARIFY THE DISTINCTION BETWEEN THE CONTRACTUAL PERIOD OF A TENANCY AND THE STATUTORY PERIOD-

* MAKES PROVISION FOR THE RIGHTS OF SUB-TENANTS

WHERE THE LANDLORD APPLIES FOR POSSESSION OR OPPOSES THE GRANT OF A NEW TENANCY=

* PROVIDES FOR DIFFICULTIES IN RELATION TO PROSECUTIONS IN CASES WHERE THE LANDLORD HAS OBTAINED POSSESSION FOR PERSONAL USE OR REBUILDING BUT, THEREAFTER, DISPOSES OF THE PREMISES AND

*

STATES THAT, NEVERTHELESS, SUCH A DISPOSITION IS NOT VOID.

THE BILL WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL AT ITS NEXT SITTING ON NOVEMBER 25, 1981.

THE SPOKESMAN CONCLUDED BY SAYING THAT IF MEMBERS OF THE PUBLIC HAD QUERIES ABOUT INDIVIDUAL CASES, THEY SHOULD SEEK LEGAL ADVICE OR APPROACH RENT OFFICERS OF THE RATING AND VALUATION DEPARTMENT AT THEIR LOCAL CITY DISTRICT OFFICE, DISTRICT OFFICE OR THE RATING AND VALUATION DEPARTMENT, FOR ASSISTANCE.

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