1921-07-19 — Page 4

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THE HONGKONG DAILY PRESS,

HONGKONG LEGISLATIVE

COUNCIL.

11

(Continued from page 3.). Clause 17 provides that any rent not payable under the Ordinance which has been paid by mistake can be recovered fro the landlord and stopped out of

the next rent payable. 1 beg, Sir, to move the second reading,

The COLONIAL SECRETARY seconded. The ATTORNEY-GENERAL formally mov ed, and the COLONIAL SECRETARY second- ed, that counsel who were present (in wig and gown) to support petitions for and against the Bill, should be heard by the Council

:

The motion was agreed to. MR. ALABASTER'S ADDRESS IN OPPOSITION,

TUESDAY, JULY 19TH, 1991.

:

TO HIS EXCELLESCT SER REGINALD EDVARD

STUBOS, E.C.M«G»,.

rent should be equivalent to the rent paid on the 31st December plus 20 per cent. That legal authority for patise to quit premises should be three months in the ease of residential and six mouth, in If longer the case of shop property. periods are required they can be arrang by agreement. In the Ordinance à provision is made for uncompleted con- tructs for sale One can anticipate & Tang Hung, Taui Kin Kwok, Tung employer live on the premises. But I am great deal of litigation arising out of Wai, Leung. Hing Ip, Chiu Wai, Leung unable to accept that as a true reason of This Bill. There is little or no protection Wai Nam, Leung Shiu Kap, Fung Im the clause which states that a domestic against sub-letting. I should like to say:

a few words about that." I can Chin Wong Shi, Sz To Shun Cho, tenement includes every building which Cheng Yuen, Loung Ying Chi, Pan is subject to a separate letting and which nothing in this Bill which will prevent the greatest extortion which exists in this Cheong Lam Chan Hoi Lam, Ho Cheuk is used wholly or in part for human Colony and that is the rens charged by Ting, Leung Sai Chun, Yu Wai, Chan habitation. for it is common knowledge it is generally a woman--the principal Wing Sing, Yum Sam, Laa Kut Choi. that in this Colony the upper floors of tenant of the foor who rents out cubicle Luk Choi Ting, Tam Chai Yat, Pun premises which are used as domestic pre-

spaces and bed spaces. It would have Cheung Shi, Yeung Ho, Wong Pigmises are employed and let out as shops been better, I submit, to have adopted a Tng, Chan Ka Ming, Chan Ka On, on the ground floor.

standard root as from to-day as a ten- and Chau Shing Lee. all of Victoria

potary measure to permit of persoal who in the Colony of Hongkong. Property

have had their rents raised since the Owners.

resolution increasing the rates to submit Sheeth-

their case to a board of three who could decide whether the reat we raised in consequence of that resolution or other-" wise justified, and to. abolish all the

10-Your petitioners further humbly submit that the defuition of domestic Governor and Commander-in-Chief of the tenements contained in Section 2 (b) Colony of Hongkong and its Depen of the Bill is worded so as to include dencies and Vier-Admiral of the same

shops and they desire that the sub-see aud to the Several Honourable, Memprion shall be altered so as to exelnil bers of the Legislative Council of shops. Hongkong.

Mr. ALABASTER: It is stail in the The Humble Petition of Li Wai Po Objects, and Reasons that it does not Chung Ting Chiu, Wong Sing Fu.include shops unless the man OT Bis

That your petitioners are propric tors of domestic tenements in Hongkong and desire to point out to Your Excel-

11-Your petitioners further bumbly Mr. C. 1. ALABASTER said: May it

submit that in addition to the case in please your Excellency and members of

which notice can be given to a tenant the Council, I am instructed by 3: pfo

under the Bill à prevision should be in prietors of domestic tenements in Hoog.

serted to 4(1) (e) allowing lessors to kong, who represent between them many

give notice to tenants in cases where millions of dollars of invested money, to

they desire to provide accommodation present their petition, copies of whichlerity and Honourable Members of the for their own families or relatives upon other clauses of this Rill. But this Bl ere, I think, in the hands of all the mem- Legislative Council certain objections to the same conditions as are provided in As I have said before, does not attempt bers of this honourable council, and to the proposed Ordinance to amend, the

to meet the evil, which is that if the Section of the Bill. In addition your represent their views on this matter. I law relating to the recovery of possession petitioners beg to submit that the too much for this private land it can public is to be, restrained from charging do so at the risk of being described, as in certain cases and to restrict the rents cedure in Section 4 (1) (e) (d) and (e) only be by releasing more public land I have alrendy been described in a peti- of certain domestic tenements and to

of referring to the Court the right of for private us, tion in anticipation. as a "counsellor of

amcad the Rating Ordinance, 1001 a lessor to give a notice to quit is

Mr. F. C. JENKIN: I am in the for evil for it is a principle of that

(hereinafter called " the Bill").

cumbersome and likely to cause much tunate position of appearing, on the British justice, which is represented by

-Your petitioners verily believe that discontent and litigation and beg to instructions of Mr. Wilkinson, for the the law and is to be found in those in their views, as expressed in this petition suggest that in addition to the abore tenants, and therefore and not in the stitutions, such as this, where the law is

are thered by a large majority of the procedure an alternative should be pro-same- category as my Friend, Mr. made, that all sides are entitled to a bear-

owners of domestic tenements in Hongvided allowing the lessor to give 4 Alabaster. I am here merely to valer to ing and all sides are entitled to be re- Now this

months notice in the case of domestic Your Excellency the enthusiasm and presented by spokesmen.

those I Bill is opposed by

p-

kong.

--That your petitioners view with

present, and many more who have not alarm the principle of the whole Ritenements without reference to the Court gratitude of the tenants, had time to prepare or sign petitions, as unduly interfering with the law of and without the necessity of providing nessed by the petition the Hono

It is a Bill supply and demand and as tending to because it is a bad Bill. which. as confessed in the memorandum prevent the free development of the of Objects and Reasons, was prepared in Colony. That notwithstanding the ex. Practice among wealthy Chinese to house

suitable accommodation.

MP ALABASTER: It is

a "common

as wit-

able Secretary for Chinese Affairs bas put in thrig afternoon, and, their gruti-

tion by the members of this Council and tude at the reception accorded their peti-

cil. There is only one matter in conner. tion with which I would ask your Exod."

hurry, which does not curry out the ceptions contained in the Bill as to their relatives and it is reasonable that the Committee appointed by this Coun

4. Your petitioners also humbly beg to submit that this Bill if passed will cause" a serious fall in the value of domestic tenements and that a consider- able lose will fall on those persons who have recently purchased property on the basis of the rentals now prevailing in the Colony.

in Saturday's Gazette under sub-section (d) of Bretion 4 I do not know whether it would be more appropriate that I should address myself to that in Co-

Mr. JENKIN: The section douls with the

The proposal is to put in after the words to quit" in the first line the words for has or shall have agreed in writing to quit.". The proposed addi- tion was, in common with the rest of the section, retrospective in effect and would.

12.-Tour petitioners further beg to submit that the suitability of the accom- modation to be provided by a landlord on being allowed to give notice to amittee or- tenant should be more strictly defined. His EXCELLENCY: I think the Caubell

Your petitioners therefore humbly would prefer you to deal with the matter,” pray that "Your Excellency and, the now. several Honourable Members of the Legislave Council will be placed to take into consideration the foregoing restrictions on the right to possession and submissions of your petitioners with a the protection of tenants against eject- view to the rejection of the said Bill

mcbt. or the amendment thereof in order to meet your petitioners' submissions.

And your petitioners will ever pray, etc. -Your petitioners further humbly submit that the Ordinance should not Mr. ALABASTER added: There is another be made retrospective but that the stand petition which is, I believe, being signed ard rent should be the rent payable on

at the present moment. The landlords mean that the Court would be entitled to, the coming into force of the Bill which should not be a date earlier than the have been in this difficulty sa against the date upon which the Ordinance receives tenants with regard to this Bill: It is the assent of His Excellency the Gover

easy to draft a petition which requires nor for the following reasons:--

(2) That, purchasers property since all praise and no amendment, but the

the 1st day of December, 1920, Government inserted in the Gazette have purchased the sume on the

02. Saturday n number of "proposed basis of the rentals payable at the time of purchase and on the basis amendments all of which had to be con- of the rents which your petitioners sidered in the criticising of the petitions kues the ter uts were willing to which were being drafted; and the pet pay in resp of the properties tion I have just read has bad to be accupied by them.

entirely re-drafted since Saturday. The other petition, which will probably be

make an order of ejectment against any tenant who," prior to the coming into force of this Ordinance, had agreed in any shape or form in writing to quit, That would work considerable hardship in certain cases' and as I am instructed it has done so already. The circum- stances are these. The tenant is notified

suggestions on which the Committee newly erected property your petitioners the causes which entitle them to recover act, and do not believe this will lead to the from a tenant should be extended in appointed was instructed to which attempts to meet a situation which erection of any considerable number of order that their families and relatives belaney's indulgence and that is with re the result of a number of contributing no guarantee contained in the Bill that same conditions as are provided in See- and an amendment which was proposed is not a sudden emergency but which is domestic tenements seving that there is provided with accommodation upon thegard to one of the sections of the Hilf cnuses which have operated during the a similar Bill will not be passed in the tion 4 of the Bill. last 10 or 15 years and which this Bill near future bringing such newly erected does nothing to remove-in fact which property within its provisions. Your accentuate petitioners, therefore, hambly beg to this Bill does much 'to The chief of these causes has been the submit that a provision be added to the Bill providing that all buildings now policy of the Land Sales Department of in course of erection or hereafter to be this Colony. The harassing restrictions erected shall be excluded from the pro- which are placed in the way of every visions of this or any Bill to the like applicant for land, in whatever part of effect for a period of at least 15 years. the Colony he may be, has. forced people who are desirous to build to go as far as possible into the market and buy private land in preference to Government land. They will rather, pay more and be sure. they get the land they ask for than take months and months of trouble, resulting in the land being purchased by someone else. This is one of the causes, and per haps the thain cause, of the situation The which has brought this Bill about, second cause is the fact that the military authorities own large sections of land in the centre of the town which they do not require and which they do not put to use That has caused a congestion which inevitable and led to the law of supply and demand of private property souring And the third and to great heights. more temporary cause is the general trade stump which started about a year ago. After the war there was a trade boom and money was locked up in trade. but the trade slump has caused money, which would otherwise be invested in commercial enterprises being devoted to the purchase of shares, or the acquisition of landed property, with the result that both shares and land in this 'Colony have

of the property calculated on the presented to-night or to-morrow, when recently boomed. The money was legi

rents receivable at the time of the ever it is signed, contains certain argu. Limately invested and invested on tha

the saleablements which, with your permission, I will faith that the investors would get an mortgage and on adequate return for the money invested. value of similar property in the incorporate as part of my argument. Properties, have changed hands in the

open market which value was last few months, not only on the basis of based not only upon the rentals the reats then paid but on the basis of

then paid but on the demand for domestic tenements in Hongkong. the return the landlord expected to get for his money, the law allowing him to 6. That in many instances. property increase his rents, and that is why sold since the 31st day December, 1990, Bill such as this, which destroys the if the standard rent is fixed at the rent sanctity of contract, and which is

on the 31st day of Desember 1020 would trospective. will destroy

not be salicut to pay rates insurance Bulence on which all trade and all invest-repairs and interest on mortgages and further building it will make further

ent is based. So far, from teading to give a fair return on the purchased will undermine the confidence of as to make it operative only from the

A cose building in this Colony almost impos- Your petitioners further humbly the Chinese generally in the Government passing of this Ordinance, sible, for once the Government sanctions submit that in respect of domestic tene-of this Colony: (e) That large properties that kind has been brought to the notice of Mr. Wilkinson--and an instructed the principle of retrospective legislation ments which require extensive repairs in this Colony have been recently pur

it is, a bad case where man having there is no limit to the amount of retro necessitating a large outlay the passing chased by your petitioners and others agrood to quit has been left, as it were, pective legislation which may be subsc quently introduced, and no one will of the Bill will make it impossible to based on the present rentals of such pre know, what antura he may get upon his extunt, su the money and obtain a fair of and the 2016- from China does not consist of people of mont" of the agreements accommoda Clause 3 of the states that on expended. "potwithstanding any agreement to the

8-Your petitioners, therefore, humbly the poorer clames but of the wealthy drawal of the contrary, whether made before or after submit that a provision should be added classca who bring much wealth to the tion. Therefore, I ask you when in Com- the commencement of this Ordinance, to the Bill allowing the standard rent Colony. If accommodation is not found mittee, to consider the possibility of mak for these people, the money of whom willing that portion raad as from the opera tion of the Ordinance and not retrospec- and whether oral or in writing, no reas to be increased by 16 per cent. per anOwn

tive. There is a provision in the New shall be recoverable" except the standard on the amount expended in such repairs stay permanently in the Colony, he

Territories Law to the effect that where rent and that ront was fixed as the reat and not 8 per cent, on and above 2000 Colony will bo deprived of many benefite

at the time of taking over the Territories of laat December. One of the results of as in the proposed amendments to the it would receive; (g) That the proposed Ordinance is in derogation of the Crown

a person had agrood to a sale of land, this will be that persons who have, with said, Bill.

leases wherein no provision is made, for

that, when a certain Ordinace was put the assistance of the law, evicted the-Your petitioners further bumbly the restriction of reat; (h) That had into operation, it was agreed that this

for the tenants of last year by offering to pay a submit that unless the 15 per cont. men- more easy facilities been given higher rent to take their place will now tioned in paragraph 8 of this Petition be granting of Crown load, loss harsh agrocent for sale should not be opera- be protected and permitted to pay only allowed one of the consequences of the restrictions imposed, and less oficial tivo unless the person came in and con- the rent that was paid by the people that passing of the Bill will be that owners cbstruction, the present position would red bis provious agrement of sale. they themselves dispossessed. I think the greatest possible objection to this Bill is of property in a poor state of repair wil never have arisen. Your petitioners fur-To what extent I have properly stated is refrain from executing repairs and will thor stats that if an Ordinance such as it is a precedent for the application of the clause which fixes the 31st December allow the property to be condemned proposed is indispensable in the interests last year as the date at which the stand under the provisions of the Public Health of the Colony, then it should be on the that principle here that after a man has ard reat should be fixed. If it is neces and Buildings Ordinance 1903 while new following basis. It should be end confirmed before the Court should make made an agreement to quit it should be aary to fix a standard reat surely the buildings not subject to the provisions for a period of one year and no more, ront of the 30th June would be a better

money.

re-

that very con

(b) That mortgagees have lent money on such properties the amount of loan being based upon the value

money.

by his landlord that he must quit the premises, he is occupying. He arranges with his landlord for a period of grace- during which he may find what is called has found alternative accommodation, alternative accommodation. Assuming he and, if subsequent to that, the knowledge

offer to be withdrawn. what is his position f of this intended Ordinance caused the He has agreed, with his previous landlord to quit his premiss and therefore the Court can innke an order of ejectment, In this case the petitioners humbly whereas be has had the alternative accom state) Thas such Ordinance is not modation to which he thought he was necessary, is uncalled for, and is an un-going withdrawn from him. The tenants warranted interference with the right of are not asking for much because they free contract; (b) That rents generally have met with considerable consideration from this Council. They are asking, in are not unwarrsatably high. "having re- so far as it is the desire of the Council guid to this cost of building sud repairs; to give the right of ejectment white (e) The proposed Ordinance is a gross interference with the law of supply and agreement to quit shall have boon male demand-(the wording of this petition is that that right shall not bis retrospective and that that sub-section shall read so not mine); (d) A law such as that pro-

The standard rent should be

of

the facts I cannot say, but, if that is so.

HIS EXCELLENCY: Does any hon. mém-

one, for at that date it was known thas of the Bill will be erected and the with a guarantee that it will not be an order of ejectment,

No member signifying any, desil the Government contemplated such a Bill teannts of the buildings, so condamned renewed. and subsequent purchases of property, it will be forced to go into sach new build on the basis of rent payable on the tsb her desire to address the Council any, have been made on that understandings and new buildings bot subject to July, 1991, but, if reata had been in-

ing With your Excellency's permission the Bill will thereupon be built on the creased more than 90 per cent. since, the do so,

alst December, 1990, then the standard I will read the petition as I go.

site of the condemned buildings, ...

(Continueri on page 5.)