1921-07-01 — Page 4

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[714

HONGKONG LEGISLATIVE COUNCIL. Which being away from the

they This polier

landlords the right to give the tenants hotice to quit.

-It also seems desirable to provide

-Clause8 provides that any ques

tinngarising under the Ordinance is to he decided by the Summary Court in the first instance, and that an appeal will lie as of right to the fall court of two

THE RESTRICTION OF RENTS OF DOMESTIC express against increnss of rent dur-judges, whose decision shall be inal

TENEMENTS.

FIRST READING OF THE BILL.

(The giving, of jurisdiction to the Sum

ing the currency of the Ordinager, In view of the fact that in many cases rents Cours is in order to secare quicker and simpler procedure and the lower appear to have been raised excessively

scale of costs which prevails in thai- since the end of last year, in some cases, Court). It will be noticed that there is possibly on acenunt of th anticipated raising of the rates, it seems advisable arpent as of right in all cases; 6x-' go back to the 31st December, 1920, rept in the one case of revision of renta "A meeting of the Legislative Council committee of the Legislative Council for the purpose of ascertaining what is payable under intermediate leases. As was held in the Council Chamber, yes "to consider and advise what steps termed in the Ordinance the standard appeal as of right is not given in the terday afternoon. There were present: should-be taken to protect the tenants of rent. Speaking brandly. If the bill be latter case because no question of law THE GOVERNOR (Bir domestic tenements from unreasonable comes law, the tenant now in actual decision is intended as a sort of arbit would ordinarily be involved, and the HIS. EXCELLENCY

REGINALD EDWARD STORES, K.C.M.G.) increases in rental and, from arbitrary capation will be obliged to pay ration between the parties so да во HON, THE OFFICER COMMANDING

The rent higher than that which was payable THE termination of their tenancies." Taoors (Major-General Sir Gronor committee was appointed on the girdin respect of his tenement on the 31st M. KIRKPATRICK, K.C.S.I., K.C.B.). June.

December, 1920. Provision is made in Hon. Mr. CLAUD "SEVERN, M. G., -in appointing the committee H.E. clause() for the cases of domestic the Governor suggested that possible tenements which were not let on Stat CB.Eway of dealing with reasonable in December, 1920, (On that I would like "creases in rental would be to add to the to say that revision of rents involved O. B. E. rents' payable in 1914 and 1915 such a peris not a very revolutionary one, and, centage as would compensate for the fall sp aking generally, I think it might be in value of money during the last six said that renta were low at the end of or seven years, and to provide that no last year). rent "higher than the maxicum rent so ascertained should be recoverable after. the 30th June of this year, unless such domestic traements, and it does not higher rent should have been authorised apply to offices, godowns, hotels or force until the 30th June, 1929, " and by some body appointed for this pur-boarding houses. It also does not apply

power is given to the Legislative It does apply to Council by resolution to extend thin 3. The committee, in the short time at every best space, cubicle, room. portion duration for such term, not exceeding their disposal, have been unable to for a floor, floor, or building, which is

one year at any one time, as may be

(Colovial Secretary},"

Hon. Mr. J. H. Kex, K.C.,

(Attorney-General). Hor. Mr. C. Mcl. MESSER,

(Colonial Treasurer). Hon. Mr. E. A. IRVING (Director of

Education).

17

Hon. Mr. S. B. C. Ross (Secretary for

Chinc Affairs).

Hon. Mr. T. I. PERKINS (Director of

Public Works).

Hon. Mr. H. E. POLLOCK, K.C. Hon. Mr. P. H. HOLYOK. Hop, Mr. Ho Fiox

Hoa. Mr. H. W. Brap.

Hod. Mr. A. G. STEPHEN.

pose.

7-The bill applies only to private

to" furnished houses.

arrive in a more or less rough and ready way at a fair apportionment of the loan caused by the Ordinance."

12-Returns under the Rating Ordia ance, and assessments, are made admis sible is evidence of the rest of premises. Power, is also given to the court to order the production of any books of account er documents whatsoever, if it appears to the court that such books of account or documents may be relevant to say matter arising under the Ordinance.

The Ordinance is to continue in

Mr. S. B B. MOELDERRY (Clerk of mulate any scheme to carry out this the subject of a separate jetting, and specified in the resolution...

Councils).

MINUTES.

The minutes of the last meeting of the

suggestion. The question of the perceu

which is used for human habitation. It

14. When the Ordinance eventually does come to an end, any tenant then in occupation shall be deemed, to- ba

Council wore approved and signed by the difficult one. It is complicated by the not apply to the New Territories, except holding over on the sanie tenancy, terma

President.

FINANCE.

The COLONIAL SECRETARY, by command of H.E. the Governor. laid ba the table Financial Minutes Nos. 50, 51, and 3 and moved that they be referred to the

Finance Commitice.

The COLONIAL TREASURER seconded and the motion was agreed to.

The COLONIAL SECRETARY by command of. H. E. the Governor laid on the Lable the report of the proceedings of the Finance Committee No. 7 and moved that it be adopted.

The COLONIAL TREASURER accouded and

the motion was agreed to.

FOOD PRICES CONTROL., The Hon. Mr. H. E. POLLOCK, K.C., in accordance with notice previously given, asked the following questions:-

1-Has the Committee for fixing the prices of food and other necessaries been dissolved and if so when was it dissolved

and why? "If not dissolved. how long

is it since it last met 7-

2-Is the Government aware that the prices of fish and firewood have been

might be added.

after the com-

tage to be added in order to compensate applies to a shop if the master or his for the fall in the value of money is amplegues live of the premises. It doen fact that in all probability the proper New Kowloon. It does not apply to an

as those on which he was holding_im percentage would vary according to the entirely new building which gets its mediately before the termination of the locality in which the house, was situated occupation "certificate

Ordinance, unless he has received from and to might be necessary to divide the mencement of the Ordinance, and any his landlord such notice to quit, ter- Colony into a considerable number of such buikling will be completely free from minating with the termination of the districts in which varying percentages the restrictions of the Ordinance. This

Ordinance, as would have been a due The boundaries of provision has been made because it is notice to quit under the terms of his these districts might be difficult to as desirable not to discourage the erection original tenancy. For example, à ♣ · Fertain and to define. For instance, it/of new domestic, buildings. The clausen monthly tenant will be entitled to re- 18 possible that a district may have been in the bill on which this paragraph is main on in, his house or other tenement in an early of development in founded are clauses ≈ (b) and 9. 1914, and that the owners of houses in

-It is hoped that one subsidiary that district were prepared to let their effect of the Ordinance will be to en- property at low rentals in order to at-courage the erection of new domestic landlord shall have given him traci tenants to the locality, hoping to buildings in the first place, such new month noble expiring with the Ordin recover their losses Inter when the exten. buildings will be entirely free from the ance in other words, a landlord en sion of the town, or the increased po. restrictions of the Ordinance, and the not turn a monthly tenant out, either pularity of the district should have owners will be entitled to charge what-ator alter the ultimate expiration of attracted a large population. (Certain ever rents they can obtain. In the second the Ordinance, except by giving the instances of that were brought to the place, as tenants cannot be turned cut tenant a month's notice. Similar te Committee). case like this it so long as they pay the standard rent, marks apply to other tenancies, such as would seem hardly fair to allow only well-to-do ipmigrants who wish to ac yearly or weekly tenancies. Auy tenant

quire a residence in Hongkong will have so holding over after the termination

the Ordinance holds over at the stand- to build for themselves,

the

In a

for at least one month after the ultimate termination of the Ordinance, unlesa hiz

On

same percentage of increases as would be allowed in an old established

9.--Tenants now in occupation will ard rent. district. The difficulty deex... not end

practically have their tenancies extend. 15-(This, sir, here, because it is possible that some re-ed, on the old tenancy terms, so long as onus), Clause (4) has, a retrospective cent houses in the same locality may they pay the standard rent, and if they operation, and for "thut reason the sub- have been let from the beginning at a

Da

important

recently considerably increased by com pradores} Will the Government cause enquiries to be made finto the same, with rental perfectly fair to the owners, and are turned out it will be due either to clause deserves special attention.

their own fault or to their failure or provides, in effect, that if any ejectment. it would be unreasonable to allow such inability to pay the standard rent, order shall have been made before the a view to having same reduced?

ownere the same rate of increase as

The COLONIAL SECRETARY replied:-

1.The Committee, referred to was would be allowed to owners who had at here is our exception to this statemens, passing of the Ordinance, but shall not appointed under the Order-in-Counthe beginning let their houses at a sacrimises for his own occupation (see clause rescind or vary the order, if it is one c. when the landlord requires the pre-have been executed, the court may cil of 1808 as a war measure. It has her. It may also be pointed out that long ago ceased to perform the fune

HENT RESTRICTIONS BILL.

FIRST READING,

tions for which it was appointed, no assistance in dealing with the pro-((e), but even in that case the tenant which would not have been made. If the thought it has not been formally disposed return to the basis of the rents will not be turned out unless the court Ordinance had been in force. In other Solved:

payable six or seven years ago, with the is satisfied that alternative accommoda- words, a tenant who has received notice -The Government has received na

crea o in prices referred to, and is be obtained from legislation on this rent and suitability in all respects, is quite unable to and other accommoda- complaints with regard to the in-addition of a certain percentage, can tion, reasonably equivalent as regards to quit on the 30th June, but who, being not disposed to interfere with retail subject in the United Kingdom or in the available. If a tenant does leave, or is on, remaina on in his house after the trade in the Colony except in very Straits Settlements, as in both, these ejected, my new tenant will be liable for 30th June, and who has an order for exceptional circumstances.

cases, the statutes went back for a much any rent higher than the standard rent, ejectment made against him before the" shorter period. The original Act in the notwithstanding any agreement to the ing of the Ordinance, will; if thin sub-alase become law before he has United Kingdom, which became law on contrary. the 23rd. December, "1915, went back to

been actually turned out, 10.-1 is obvious that the rights of

bo able to the rents in force on the 3rd August, intermediate lessees, r., farmers, may 1914, and the first Ordinance on the sub-be affected by the operation of the

The ATTORNEY-GENERAL added: Wa inct in the Straits Settlements (which Ordinance. The lesson who collects the to restrict the rents of certain domestic came into force on September 30th, rents from the tenants in actual occupa-

can hardly flatter ourselves, sir, that this 1917), went back only about a year and tion will in future be restricted to the Bill is perfect, but I think any faults it, nine months,

collection of the respective standard rents contains can best be discovered in the 4.These difficulties are referred to of his property, while he will still be actual practical application of the Ordin- not for the purpose of showing that the bound to pay to his lessor the lump sumance after it is passed, and, if necessary, above suggestion is impracticable, but to rent which he agreed to pay when he was supplementary legislation can be auret- explain why it has not been possible to unrestricted us to the rents which heed.

The ATTORNEY-GENERAL moved the first

reading of a Bill intituled an Ordinance to end the law relating to the re covery of possession in certain cuses and

tenements.

;

J

He said: 'nin sorry that the notlee given of this Bill, has been so short. In spite of strenuous efforts on the part of the printers, the Bill in its complete form with theObject and Reasons" has

apply to the court to rescind or vary the ejectment order.

only just been completed and placed in adopt it in the present bill which has could collect from his tenants: Clause The COLONIAL SECRETARY seconded, and the hands of honourable members within been drafted at such short notice. The give to such an intermediate lessee the the Bill was read a first time. the last few minutes. The urgency of committee will proceed to consider the right to apply to the court for the re-

ORDINANCE-

This

was agreed to.

the occasion in the explanation of the suggcation, and they will be glad to vision of the rent payable by him under AMENDMENT OF PUBLIC HEALTH AND DUILDING short notice, and, I think, its justi receive through the Chairman (the his lease, and the court is given an un- Beation. As the "Objects and Reasons" Attorney-General) any practical legis controlled discretion to make any order The ATTORNEY-GENERAL: I move that the attached to the Bill are unusually full lative proposals as to how this sugges which the court may consider just. If second reading of the Bill intituled An and, as they have only just been placed tion can be carried out. The importance there is another intermediate lessee Ordinance to amend further the Public of honourable members, of pussing some legislation immediately above the lessee just referred to, the Health and Buildings Ordinance, 183, be in the handso unless the Council is prepared to take is in order to prevent existing tenants revision of the latter's rent will in- postponed to the next meeting of thin them as rend, I propose, with your per from being turned out, at the end of juriously affect the former, who is no Council. mission to read them and say very little the current half year. (That sentence cordingly also enabled to apply to the elso in introducing the Bill,

was written at a time when it was court to revise the rent payable by him

CHOWN LANDS RESUMPTION, thought that the Bill would be passed to his lessor. The intention of this is

THE ATTORNEY-GENERAL! I move that the through all its stages at this meeting that any loss caused by the reduction of of the Conncil).

the rents payable by the notual tenaute second reading of the Bill intituled “An 5-The main object of the present shall be shared fairly by the various Ordinance to amend the Crown Lande. bill, therefore," is to ensure that tenants lessors. The Court in question will be the Resumption Ordinance, 1000, be also now in occupation shall not be dia Summary Court, and there will be an postponed to the next meeting of this This bill is the outcome of the possessed for the present, so long as they appeal by special leave to the Full appointment by H.E. the Governor of a comply with the terms of the tenancies Court.

The Council signified its wish that the Attorney General should read the "Ob, jects and Reasons," which he did as follows, making a few interpolations which are printed in parenthesis :—

---OBJECTS AND REABONA.

Council.

This was agreed