1921-10-28 — Page 5

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AMENDMENT OF RENTS ORDINANCE

Bro

THE GEONBONG DAILY PRESE FRIDAY, OCTOBER

The COLONIAL SECRETARY seconded, and tho Bill was read a first time.

The ATTORNEY-GENZBAL then moved that the Bill be referred to the Standing Law Committee,

The COLONIAL SECRETARY, BEConded, and the motion was agreed to.

1)

The ATTORNEY-GENERAL: The..object of this Bill is to make a number of amend ments in the Ordinance which were passed earlier in the year. Some of them aimed at preventing evasions of the law by certain classes of landlords,-who I MERCANTILE BANK NOTE ISSUE hope, are in the minority-who seem to bolüetermined to evade the provisions of Hon. Mr. POLLOCK: I beg to move the the principal Ordinance if they possibly rat reading of a Bill intitled an Clauses 2 and 3 deal with part period the powers granted by the Mer- Ordinance to extend for a further -graph (1) of sub-section 1 of section cantile Bank Note Issue Ordinance, 1911; of the principal Ordinance which provides that a landlord may give notice to quit to to the Mercantile Bank of India, Ltd., his tenant, and may recover possession to make, isso, re-issue and circulate if he intends bona fide to pull down the notes in the Colony. A hon. members preurists or reconstruct them to such an will see from the statement of Objects estent as to make then technically a new building. It appears that certain and Reasons attached to this Bill, the landlords have been trying to read this present power of the Bank to make, issue, Section in a manner which is not bana re-issue and circulate notes in the ide in other words they have been Colony, which was granted by Ordinance giving, or contemplating giving notice in the year 1911, will expire in the to quit when they have had no real inten-normal course on the 28th December of tion at all of reconstructing or pulling this year. It is proposed by clause down, but to do nothing at all to the of the Bill to extend that period of building if only the tenant will agree to expiry till the 13th August, 1929, after pay increased rent. Clause 7 provides which date the Bank will cease to issue that a notice given under that para or re-issue notes but shall redeem uiry graph of the principal Ordinance shall notes which it shall have previously be valid unless given or confirmed by issued or re-issued: leave of the Court. Andlord intending to give such notice must show the Court grounds for believing that the notice given is bona fide, and on the application to the Court to give notice the tenant, of course, will have the opportunity of being heard.

The clause applies also to notices already given before the chmmencement of the Ordinance; they will not be valid unless confirmed by the Court on appli- cation made on the same grounds application for leave to give notice.

Hon. Mr. Ho Foox secondled, and the Bill passed the first reading.

11

ST. JOSEPH'S COLLEGE. Hon. Mr. POLLOCK: I beg to move the first reading of a Bill intituled an Ordinance for the incorporation of the Christian Brothers School, known in Freuch as "L'Institut des Freres des Ecoles Chreticnines" Hongkong as St. Joseph's College. As and known in hon members will see from the state- Ulanse is another attempt to streng ment of Objecta and Reasons attached to then that paragraph in the interests of this Bill, certain property belonging to the tenant. It provides that if the land this Colony is now vested in an in lord gives notice, he must state in writ dividual who is absent from the Colony ing whether he intends to pull down the and who does not intend to return. premises or reconstruct them, and if he That, Sir, is a very inconvenient matter intends to reconstruct them he must state for the College and the object of this the exact nature of the reconstruction in Bill is to incorporate St. Joseph's tonded. It is hoped that tring down the College so that the property that is landlord to a specific writing of his in-acquired for this purposo may be rested tentions will be some additional safer it. guard to the tenanta

Clause makes a slight technical was read a first time. amendment.

Hon. Mr. BIRD seconded, and the Bill

PUBLIC HEALTH AND BUILDINGS (AMENDMENT) ORDINANCE.

WATER WORKE,

The CHAIRMAN: This is due, as to the $10.000, on account of Public Works, Lunatic Asylum, to a large increase of Extraordinary, Hongkong, patients and the high cost of provisions; Water Works, Reconstruction Victoria Hospita!: the increased cost of of unfiltered water main from milk and extras and installation of Albany to Elliot Filter Beds, geyers. At the Government Laboratories The CHAIRMAN: This is required to lay the cost of apparatus was considerably sa 18-inch main to convey an additional

The catalogues from which the supply of water from Albany to Eligt atimates were made out were found to provided in the estimates next year. Filter Beds The balance of $80,000 is

be out-of-date. Approved Approved

GRATUITY TO INVENTOR

£230, on account of Miscellaneous Ser- vices, Gratuity to Mr. S. a. Goard in respect of the use by the Colonial Government of his in- vention of improvements relating to Ships Moorings.

The CHAIRMAN: This question has been before the Committee before. In return benefit of Mr. Goard's invention in re- for this the Colony will receive the full gard to harbour moorings.

Approved.

more.

RAILWAY BRIDGE, AT SÄMCHUN.

8000, in aid of the vote Kowloon-Cam ton Railway, Special Expendi ture. Bridge No. 37.

The CHAIRMAN In connection with widening Bridge 37, near Shumchua, to facilitato shanting operations timbering was found necessary.

Approvad

'NEW SITH FOR QUEEN'S COLLEGE. $160,000, in aid of the vote Public Public Works Extraordinary, Hongkong, Public Health and Buildings Ordinance, 1903 (38) Compensation and Re- sumptions.

LAUNCH HIER" BY PRISON DEPARTMENT. $2.000, in aid of the vate Prison De

sold as she was useless.

partment, Other Charges, Inci dental ExpeasES. $2,000 is for the hire of the steam launch 1.0.1 costing 8400 a month, and being College

The CHAIRMAN: The launch B.G.I. was. The sum of

used by the Prizon Department,

Approved.

PUBLIC WORKS IN NEW TERRITORIES. 23.000, in aid of the yote Public Works, Recutront, Now Territories, Buildings, (37) Maintenance of Buildings

The reasons for requiring a further 83,000 The CHAIRMAN: The vote is $15,000.

mal amount of repairs required in con are the high percentage of the contract section with the upkeep of Taipoo and rate above schedule rates and the abnor

Au Tau Police Stations.

Approved,

...

P

SANITARY DEPARTMENT LAUNCHES AND STOREB 86,300, in aid of the following votes:-

Sanitary Department, Other Chargis: B Launches, Steam Barges and Lighters:

Hopaita

.........$4,200.00

States*******

Total

2,300.00

$6,500.00

Hill-the site of the future Queen's The CHAIRMAN: This item is for the purchase of Inland Lot 358, Caroline

Approved.

MAINTENANCE OF GARDENS AND GROUNDS. $300. in aid of the vote Botanica) and Forestry Department, Other Charges, Maintenance of Gardens and Grounds.

of gardens and grounds has been nearly The CHAIRMAN: The vote maintenance

of the year. It is partly due to the re- exhausted. A supplementary vote of $500.

laying of the tennis court at the Govern is required for the remaining two months

ment Quarters at Taipo, $250, also turf laying, and removing black soil and dis- integrated granite at Government House,

Approved

.

ELECTRIC FÁNY AND LIGHTS FOR &.3.0. $120 in aid of the vote Colonial Secretary's Department and Legis lature, Other Charges, Electric Fans and Light. The CHAIRMAN: This is for the Colonial Secretary's Department. The the sum now asked for. amount voted was found insuficient by

Approved.

MISCELLANEOUS WORKS IN NEW TERRITORIES. $9,000, in aid of the vote. Public Works, Extraordinary, New Territories, Miscellaneous, (86)] Miscellaneous Works.

d The CHAIRMAN: This vote has already:

The rote Was

Arst item: repairs to Sanitary "Board The CHAIRMAN: In connection with the Clause deals with the transfer of

an reports that the shortage in this steam launches and lighters, the Chair an action from the Summary Jurisdiction of the Supreme Court to the Original

vote is due to tht necessity for quarterly Jurisdiction. Under the principal Ordi- The ATTORNEY-GENERAL: I beg to move at intervals of six months.

overhauling. Prior to the sinking of j nance all actions under that Ordinance that the last item on the Order-the maintenance is larger owing to their S.D. in July, 1990, this was done only have to be tried in Summary Jurisdiction, second reading of the Bill intituled an length of service. The number of defects The coat of the object, of course, being to emure a Ordinance to amend further the Public found is constantly increasing. In re- speedy hearing and to reduce costs. It Health and Buildings Ordinance, 1903-gard to the new boiler of S.D. 1 the sometimes may happen, however, that two be discharged. So many amendments have increased cost of skilled labour contri-been before members. actions may be pending at the same time been proposed to this Bill that it is buted towards the deficiency. As regards 814,000 and the real run that in the two divisions of the Supreme better to withdraw it, and begin again stores, the shortage of the vote, is due to the expel Hongkong Harbour, ap Court, one in the Summary Jurisdiction, with a fresh draft to be read a first time the tasty verim brought, under the Rents Ordinance, and at a later meeting of the Cannail. dan in the Original Juristikuver must be tried in that Jurisdiction be the Bill was discharged

THA COLONIAL SECRETARY seconded, and caise of the amount involved. These two actions may refer to the same premises and raise the same facts, and it may be Very inconvenient to have two actions brought separately in different courts At present there is no power to transfer a Summary action to Original Jurisdic tion to enable the two cases to be co solidated and tried together. This clause will give this power.

Clause 5 is one of the clauses aiming at evasion. It appears that

rent

THE ADJOURNMENT. H EXCELLENCY : we meet this day week in order to dis

I would suggest that pose of the minor items on the paper, leaving the subsequent meeting clear for the Supply Bill, if that meets with the approval of membera

No member dissenting HIS EXCELLENCY said: The Council will adjourn until this day week at 2.30 p.m.

FINANCE COMMITTEE.

A meeting of the Finance Committee fallowed, the COLONIAL SECRETARY presid- ing

Council to vote the sums set out below:- .E. THE GOVERNON recommended the

BAILWAY WA

WAGONS.

821,913, on account of Kowloon-Canton Bailway Special Expenditure. Wagons

Lonzorad

the watats 230,853. Then there are A-RAILYWAY VOTE 3475, on account of Kowloon Canton nected with the D.O. South $230, fize red warning signs $240, small works con- Railway Special Expenditure, alarms Laichikos 8550; motor garage; Switch Board, Lighting, etc. Taipo (this is for the ambulance that

being laid to Hunghon and the manager 81,5003 approach road Samshui police The CHAIRMAN: A telephone cable is has gone out to the New Territory) of the Railway recommends that the station $400 fans, warder's quarters, exchange at the locomotive shed be Laichikok $700; removing and re-erecting abolished and the store and quarters be boat house 360 There is an allowance connected direct with the exchange at for contingencies and small unapproved the Director of Public Works ngress that members wish that can be cut down and a Kowloon. He has gone into the cost and items amounting to $4,087. If hon the proposal is a good one. $300 is in further vote brought forward later. cluded for a larger switchboard. At the same time, he recommends the laying of underground cable to the standards in very bad condition. The cost of that is: Kowloon Station yard. The wire is in a $175, making up the estimate of $475. P.W.D. TRANSPORT AND TRAVELLINO "Approved,

.:

EXPENSES.

$3,500, in aid of the Vote Puble Works, Establishment, Other Charges, Transport and Travelling Ex- penses.

certain landlords are in the habit ofissing distress warrants for rent in excces of the reat recoverable, under the Ordinance that is in excess of the standard reato doubt relying on the tenant being too ignorant or too pour to take proper ceedings to question the legality of the distress, The clansa proposes to make it aa ollence to issue such distress war- Tants and proposes to give the Magia. trate on the summons being beard power not only to fine the offending land- lord, but also to order him to pay back

The CHAIRMAN said: No provision was The CHAIRMAN: This sun is 81,180 less to the tenant any rent in excesa recovered made in the estimates for the current than the average expenditure of the last by means of the illegal distress; also year in respect of the wagons, as it was three years. In addition to this, charges Aamages not exceeding $250. This clause expected that they would be paid for in for motor cars, hitherto paid by various also applies to cases where a landlord. The final accounts demands or extraea rent in excess of received recently and the sum asked for vote and there is considerable depart were only Totes, are now being charged to this one the standard rent, under threat of issu- the equivalent in dollars of the balance mental extension. ing ach illegal distress warrant.

duerte

Approved. Clause 6 is another clause aimed at evasion. It provides that it shall be a criminal offence punishable by a fine of $1,600 for any person to do any act what Wever mala Ade to induce a lessed to give up possession. That has been in Sorted beca certain landlords have. gone so far as to remove windows in wet weather, and tele u ven staircases, to drive the

Approved,

THE GOVERNOR'S INCIDENTAL EXPEKSLS.- $1,000, in aid of the vote Governor, "...Other: Charges, Incidental Ex-

penses,

cut down from 82,000 to $2,000, ind The CHAIRMAN: The expenditure was proved scient. The sum of £2,000 is provided for next year.

Approved, an

* *

**

PATH AT HUNGHOM.

$2,500, on account of Public Works, Extraordinary, Kowloon, Com. munications, Roads, Path 10 feet vide to the North of Hunghom Inland Lot No. 252 ·

A TYPEWRITER.

$270, in aid of the vote Public Works, Establishment, Special Expendi. Aure, Typewriter. The CHAIRMAN:

A typewriter wie urgently required for the Land Burvey Officer Awa

Approved,

DRAWING MATERIALS. 83,500, in aid of the vote Public Works, Establishment, Other Charges, Drawing Materials and Mount- ing Plans

#2

by 89,000 and this was agreed to.

The CHAIRMAN suggested a reduction

$11,500 in aid of the following votes:- →→→TYFHOON AND PAINSTORM DAMAGE.

Public Works Recurrent

Kowloon, Miscellaneous:-.

(84) Typhoon and Rain- "

storm Damages

New Territories, Miscellane

1991.

COMMUNIT

PLATE

Sterlingy Only Rival

The Best

Plated-Ware

Made

SOLD IN SEPARATEL PIECES OR COMPLETE CANTEENS

SILVER DEPT.

LANE, CRAWFORD & CO.

MANDER BROTHERS

OLSINA

In

WATER PAINTS

*

Particulars and shade boɔks on application. BOLE AGENTS.

LANE, ORAWFORD & CO.

Tel 1741.

HONGKUNG,

NEW DANCE RECORDS

8,500

THAT NAUGHTY WALTZ 6129 ISLE OF GOLDEN DREAMS

3383

(45) Typhoon and Rein-

storm Damages

(TODDLE

BEELA BOOLA

3,000

6114 FON MIAMI SHORE

IF YOU COULD CARE

8379

[BIAM 800

(MAKE BELEIVE

(MAZIE

3393

TWO SWEET LIPS

9376 ANSWER

· 3391

WESTLA IN YOUR DANDT'S ARMS

{I SPOILED YOU

3388 PEBBLES

Total $11,300

and the expenditure up to 29th July,

The CHAIRMAN: The vote is $10,000]:

Council, was $7,980.68 Since then the which had already been before the estimated cost of further damage incur, redis $18,500 or $8,500 more than the estimate. On Public Works Recurrent, New Territories, the vote is $15,000 and the expenditure to 20th July is $7,573, The estimated cost of further damage is $18,000.

Approved.

DEVELOPMENT IN NEW KOWLOON. $50,000, in aid of the vote Public Works, Extraordinary New Territories, Communication, Boads, General Works. The CHAIRMAN: This vote. was '89,500,

The CHAIRMAN: This sum of $50,000. is but some print linen to the value raf arrived at as follows: The Department $2,280 did not arrive in time to be paid of Publio Works forwarded for approval for last year. There has been also a are additional' programme of road work increase of staff in the Survey and Archi-mounting to £30,550. The estimate tectural Offices.

Approved

2

NEW BUOYA,

Clauses 8, 9 and 19 ato partly de- claratory and partly intended as amplify- ing and pursuing the policy of the prin cipal Ordinance... Clause b provides that notice to quit given by a lessee shall not affect the right of any sub-lessee to re- main on in his own part of the house, unless he joins in or confirms the notice to quit. That was believed to be simply declaratory when the Bill was drafted, rebent extension granted to the Hong The CHAIRMAN: In connection with the

penditure under the programme now sub- and that is now confirmed by the Court. kong and Whampoa Dock Co, the Com

mitted is 1238,700 Ferbing, and channel- It has been held in a recent case that papy, under one of the lease.conditions,

ling mumbers of streets in New Kowloon the faw as stated in this clause is in a to form half of the 60 foot road. In

$1,430, in aid of the vote Harbour Du shuipo also scavenging lanes and elab mostly Kowloon City and some in Bam- fact, the tasting law; but to make the order to fadititate the Company opera

partments4Harbour Office, pavings to footways make up a total of flatter perfectly clear I think it well to tions in removing the oil from s large

Other Charges, Purchase of $70,000. A supplemental vote of 250,000 Tatain this clause in the Bill,

portion of the road, it is necessary that

babys and Mourings, Clause 3 provides tha an ejectment uff outlet should be provided over Crown complete the purchase of six ne bo

The CHAIRMAN: This required to

is required. The whole of this is caused order against Ba lecce is hot to affect the Land This track is to be made of suff and moorings The estimate was 889,000 Fight of any sub-lessed to remain on in cicut width to allow for a double line of but the entire cost is $04,130 the boys his part of the premises. That is taken trucks The tender for making this track include two A class adil four 3 bleach

100 and $9,500's asked for to cover |**** 15 possible contragencies, I may say that approved

from the English Acf1.

one.

Clause 10 provider that where the the road tender of the Dock Company is interest of the lessee of a domestic tan considered a very reasonable ment is determined in any way what ever, in other words, when the lessee goes out, any sild-tenant who holds from him will become the teannt of the landlord well

The Hon. Mr. BIRD T the Dock Com- any going to mike née of the road is

costs an

from whom the leases hoida on the same The CHALEMAN: Just for getting out terms da the original leason but, of the material; it is their stuff. course, at the standard rent. Since this

"The

DIRECTOR OF PUBLIC WORKS They

Bill was drafted one or two other points cannot get to the sed with their mater have been raised which it might be fanseuntess they go over this piece of lan “ible to deal with i

in this BB and prei auré This track will form a portion of pose after the first reading to move that the road of which the Dock The Bill be referred to the Standing Law road will be entir

Uammittee.

Approved

HIGHER COSTA,

$3,190, in aid of the following votes

Medical Department, Charges as

Other Lunatic Asylum-

Provisions, eta,

Victor Hospital

many

1,500.00 Fuel and Light

600.00 Provisions, etc. 1,000.00) Government Laboratory

4,000.00

Apparatus Books and Journals

45,120.00

by the rapid development of Samadipo and a portion of Kowloon Oily Reclama on and had been on tai lietas The Hon. Mr. BIRD: Is that work done by contract or measured Lupadd paid for by schedule rate

scheduló rate. The slabs are applied The Didoron of Pustio Works: By from our own quarries, The amount of fis owing to the very abnormal amount of building. It is a vote, that keeps, up With the building.

Tho, Hon Mr. BIRD: I premme ell the measuring is checked by Europează 1 The_DIRECTOR OF PRELIO WORKS I

La plecked two ways, not only cheated off the plans but gone over by European

Approved,

** (Vontinued on pape 7.).

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