XN000022-1983-05-25 — Page 10

8

WEDNESDAY, MAY 25, 1983

+THESE AMENDMENTS CURTAIL ANY UNFAIR SUCCESSION OF SUB- TENANCIES AND I SUPPORT THEM AS I SUPPORT THIS BILL WITH ALL THE OTHER AMENDMENTS, MISS TAM SAID.

MISS TAM EARLIER DECLARED HER INTEREST BOTH AS A LANDLORD AND A TENANT OF PREMISES SUBJECT TO CONTROL UNDER PART 1 OF THE PRINCIPAL ORDINANCE.

TWO SETS OF AMENDMENTS PROPOSED

****

TWO SETS OF AMENDMENTS TO THE LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) BILL 1983 WOULD BE MOVED AT THE COMMITTEE STAGE, THE HON JOHN SWAINE SAID TODAY.

SPEAKING AT THE RESUMED DEBATE OF THE BILL IN THE LEGISLATIVE COUNCIL, MR SWAINE SAID THE FIRST SET RELATED TO RESTRICTIONS ON THE LANDLORD'S POWER TO DEAL WITH THE PREMISES AFTER HE HAD OBTAINED AN ORDER FOR POSSESSION.

THE RESTRICTIONS CURRENTLY IN FORCE RUN FOR A PERIOD OF TWO YEARS FROM THE DATE OF THE ORDER OR DECISION OF THE TRIBUNAL.

+IT WAS ORIGINALLY PROPOSED THAT THIS PERTOD RUN INSTEAD FROM THE DATE OF THE LANDLORD OBTAINING VACANT POSSESSION.

+HOWEVER. THIS FORMULA WOULD HAVE LED TO AN UNDESIRABLE DEGREE OF UNCERTAINTY AS THE TENANT MIGHT HOLD OVER LONG AFTER HE HAD CEASED TO BE ENTITLED.

+FURTHER, IT WAS FELT THAT THE PRESENT RESTRICTION OF TWO YEARS FROM THE DATE OF THE ORDER OR DECISION OF THE TRIBUNAL WAS A SUFFICIENT DETERRENT. ACCORDINGLY THIS FORMULA WILL BE RETAINED, HE SAID.

THE SECOND SET OF AMENDMENTS TO BE MOVED RELATES TO THE ENFORCEMENT POWERS OF THE COMMISSIONER OF RATING AND VALUATION.

THESE POWERS ARE SPELT OUT IN DETAIL IN THE PROPOSED BILL AND INCLUDE POWERS TO REQUIRE THE FURNISHING OF INFORMATION AND THE SUPPLY OF TENANCY DOCUMENTS, AS WELL AS POWERS OF INSPECTION OF THE PREMISES.

→THESE POWERS ARE NOW TO BE TEMPERED BY THE PROVISION THAT THE INFORMATION REQUISITIONED BY THE COMMISSIONER MUST BE REASONABLY REQUIRED AND BY FURTHER PROVISION THAT AN OFFENCE IS COMMITTED ONLY IF THERE IS NO REASONABLE EXCUSE FOR THE REFUSAL, NEGLECT OR OBSTRUCTION,+ MR SWAINE SAID.

DEBATE ON THE BILL WAS FURTHER ADJOURNED.

13

Page 10Page 11