1922-06-02 — Page 2

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FRIDAY, JUNE 23, 1972.

LEGISLATIVE COUNCIL.

THE RENTS ORDINANCE.

REPRESENTATIONS BY LANDLORDS AND TENANTS REVIEWED BY THE ATTORNEY - GENERAL.

CRIMINAL LAW REVISION,

TRIBUTES. TO THE LATE MR. LAU CHU PAK.

Will the Government explain how much A meeting of the "Legislative Council was held in the Council Chamber yester of the proposed increase is justified by higher wording costs. and how much by day. There wore present:--

THE

extent as to make it new building That is not the only difficulty in this. within the meaning of the Building branch of the subject, and any legisla Ordinance Complaints have been receiv. tion would have worked hardship in socur

that landlords, in reliance on that cases, at least, -[ section, have givna notices which were

Then, the case of a house bought for not given bond fide and the object of the one's own occupation. The tenants poli proviso is to strengthen the section and toned againat any relaxation of the pre to make is more diffault for the oeca- Bent provisions. Some of the badlords: asked for an unrestricted right to recover

sional mala fide landlord to carry cut his

intention.

The proviso is to the effect sesion of nay houses they could show that if the lower has given notice and they bought for their own occupation. has turned out the pesant, if he fails to The Bilt keeps the middle course of re begin the work of construction within taining the present law on the subst one month after he obtains possessica but for the purpose of dealing with hard or fails to carry it out with tensor- cases, as I have stated, power is ver able speed, he shall I deemed.

in under action 24, to exclude the operation. giving notice, to have acted minia the Ordinance where the Governor ic 'Council thinks that the hardship is sufi; ciently great. I do not think we can go beyond that.

HIS EXCELLENCE GOVERNDE (Sirental on heavy expenditure (in the Comfde within the meaning of clause 20.

RAGINALD EDWARD STEEDS, .C...). Lieut. Colonel W. N. Nicholson, C.M.G.. ...D.S.O.

Hơn, Mr. A. 6. M. FLEURER, O...

(Acting Colonial Secretary). Hon Mr. J. 1. Kr. C.B.E., K.C.

(Attorney-General).

C.

pany's own wordsy" about to be under Claus 20 provide that say person who taken for the erection of a new Central nots mady jide, with intent to induce, the Exchange and new Central Battery in tenant to quit, is liable to a fine, and the Stallation." and why it should be held clausu is altered in this Bill by the addi- justifiable for subscribers to pay such tion of words providing that in addition increased rates lefon: the improvements to a fire be is also liable for damages to

any materiál | the tenant, Hon. r.

That amendment is not MNK C. hard bean completed ar Mol. (Colonial Treasurer), .

expenditure incurred?

really an extension of the objects of the FINANCE.

present legislation but is merely an The COLONIAL SECTARY, by command attempt to strengthen them and ensure ut H.E. the Governor, laid upon the that they shall be carried out. table: Finaner Minutes Nos. 21 to 37 and moved that they be referred to France Committee.

Hon.

D.B.E.

Mr. F. R HALLAWAN, (Sceratury for, Chinese Affairs). Hop. Mr. E. A. IRVING (Director of

"Education).

Hon. Mr. TL Pazziss (Director of

Public Works).

Hoa, E, Y. 14. Paza.

Hon. Mr. Crew Shop-son

Bon. Mr. A, O. LANG

Hon. Mr. A. B. Lowe.

Hon. Mr. H. W. How

Mr. A. Dys BALL (Clerk of Councils).

MINUTES.

The Minutes of the last meeting of the Council were approves and signed.. TRIBUTES TO THE LATE MR

the

Clanse 13 is a re-drafting of section of the principal Ordinance: that is not a read ainendiment but simply an attempt

The Cotosa. Turistaer seconded and to make the existing clause „more clear, It provides that if a lesser ocupes to the motion wag agreed w

TE: COLONIAL SECarty," by command

That

Saveral owners have complained that the standard rent in the case of part cular properties is too lon doubtedly is so. There are cases where the rent, is much too low compared with the rent of similar properties in the neighbourhood and elsewhere, and if this. had been a permaneuf measure na toubt some arrangement would have been made not, I think, numerous compared with the to deal with cases of this kind. They are totul amount of house property in tàn Colony, and I am afraid that some per-

sons must always suffer through legisla

cups any me of the houses or tension of this kind, and as the Bill only" meat himself then his lease is to be deem contemplates a duration of one year it of HE the Governor, laid upon theed to be determined. The complaint has was decided not to deal with that point

table the Report of the Finance Combeen made that in some cases tenants who

took house for ocupation partly by at all. mitten (No. 0) and moved that it be adoptvil.

"The COLONIAL" TERASUne seconded, the motion was agned to.

VOYSANGE: B.E. TH Since our last meeting, the Council, the Chipcer community and the Colony us a whole has suffered a very serious loss in the death of our late e league and | port friend.

PAPERS,

and

Regulation made by the Governor in Council under section 3 of the Fursing Ordinance, 1967.

Notification No. 70 permitting the

export of silver."

Chu-pak, was a member of this Council for eight years and dering that time his services were always at the disposal of the Government, the Chinese community and the Colony ng larg defatigable in his attendance at the Coun. cil and in his readiness to perform any work which was imposed upon him. I feel the loss vers deeply, both as a col-1921. league and as a felend, und feel sure that members of the Council share my

I think it will be their desiru fiews. that the Clerk should express to the relatives our great sense of the services

Low

theses and partly by sustenants fulva Great complaint has been made, by the gone to live elsewhere, or left the Colony, landlords of the sub-letting of houses by and are still sub-letting the whole house the tenants at a profit. Many sugges and obtaining a prost on the rent they tions have been made, but I do not think pay the landlords. The Ordinance wait is poble to deal with that point at never intended to protect persons of that all. Une suggestion was that the tenant- The COLONIAL SECRETARY, by command kind, but only persons living on the pre- Gentlemen, of .. this Governor," inid upon the uses of blocks of houses by a farmer landlord. If I rent a house for $200 and That creuse dues zot apply to should never be allowed to collect more

from his sub-tenants than he paid the who fets out separate houses to separate | Fa table the following papersi--

Notification No ai escluding au urderers, but only to a tenant who origin cocured cne iloor myself at 100, i must ally lived in the house and who has gou not cllect from the other wo floors more proclaiming Muaila to be an infected fout and is using the tenancy as a means

than $100. That would be unfair because profit

the tent takes the risk of vacancies,

Bill is contained in

anly really new provision in che non-payment of ront and it is not fair clause $4. That to restrict him to the same rent be pays. clause gives the Governor in Council the fandlord. If more, how much more! power to order that specibed prevision what percentage. The percentages that of this Ordinancs shall not apply in the would be fair in one part of case of Order made by the Governor in Countrutis exceptional.

a tenant if the tioverner in Coun- and with nne class of property would not eil thinks the circumstances are be fair in augther. Better clases TEi-

I have mentioned

dem al · property does not run as much He was in-cil under section of the Post Office in the Objects and Bensons two cases in risk of viewties as probably the poorer

Ordinance. 1900

whirb that power might.

claas doen. Le applied. One

Then again, if you are to Report on the New Territories for the is a cases in which that power might hy allow the tenant to charge ten or twenty year 1991.

Report, of the Land Offeer for the yearing might be required for some public how much is he to collect from the first

applied One is che in which

build: per cent, mor, how are you to apportion that between the different sub-tennuta; Report of the Director of the Royal case of a permanent resident. There are occupies the back cubicle of the top floor?

purpose. Another is in the four and how much from the man or charitable: Observatory, Hongkong for the year 1921.

"Report of the Superintendent of Im-

ao know of who bought house Riveral for their own penyetim before the com provision of that kind, restricting the

objection. of course, is and Statement of Funded Public Debt or who have been turned out of their pre-rent chargeable by a tenant to sub-teants Loans for fixed periods outstanding on hondered to the Colony and our deep 31st Deceniber. [92), and of the Accumu. it houses and have nowhere to go. imel would be sure to lend to constant crasion, original object of the principal Ordinance where the landlord recovered the house to Then the tenants suggested that in chara lated Hinking Fund for the same date. was to prevent permanent residents being rebuild it the landlord should be obliged

Financis Returns for the year 1921. burned ont of their. houses by heads met by savings under heads of any amount of money to acquire & resi Quarterly return of excesses on subfrom outside who are prepared to pay

persons to offer, the tenancy of the house again to the former tenant. That does not seem dence here. expenditure.

The exercise of this power practicable either. A new house may be RENTS ORDINANCE..

under chase, no doubt, will not be larger or smaller, three floors applied in cases of that kind. but only two and if the principal tenant does not The ATTORNEY-GENERAL moved the first in the case of permanent residents suffer cat all the sub-tenants and offer them want the tenancy, is the landlord to work reading of a Bill intituled An Ordinanen ing hardship by being kept out of houses their separate foors. If so, how is be to to extend temporarily the provisions of they bought for their own permanent

Snd them? That seems impracticable the Rents Ordinances, 131, with certain occupation.

RASU.. suggestions and criticisms were amendments.

The ATTORNEY GENERAL · said:

The tenants also made a complaint thus many landlords refused to receive the Government. They were all carefully in some cases refused to receive it, and rent--at all events did not collect it, and

ports nad Exports for the year 1921. mencement of the original Ordinance.

regret at the loss they have sustained.

HDG. Mr. PARE: Your Excellency, We all heartily agree with the remarks you have made in eulogy of the late Mr. Lu Chu-pak whose unfailing courtesy and kindly nature will be membered by all those who conferred with him on this honourable Council. He will be generally missed in the Colony, more especially by the Chinese commuuity for whom he worked so assiduously. As Chairman of the Chinese Chamber of Commerce, he did always what he could to promote those good relations between Hongkong and the fair minded, moderate daration cians of the Bill is clause them in and reasonable men in Canton which is simply a copy of the corresponding.

The by the Government,many of

that

any

instead

of."

commercially promote the joint intereste clause in the principal" Ordinance with considered and it is quite possible that then cook out distress warrants in order · and prosperity of the two ports. We'ren the substitution of the 30th June, 1993 for many of them might have been adapted to put unlawful pressure to drive the cur with you, sir, in adding our sym the 0th June, 1922, so that the Ordin in the measure had it not been a purely to

tenant out. the bereaved unre will come to an end up the 30th em Porry to further penalty in cases of that kind but

pathetic condolences 10

with a heavy heart that I have to stand

tive Council. The

wis

that

June, next year, unless it should be ter shortly to some of these suggestions relatives Mr. Chow Shoc-sos: Sir, It is extended by a resolution of the Legisla and give some reasons why they were not

corresponding clause accepted.

There are certain general to express my complete cord within the present principal Ordinance gave res. One is this, that it is a tempor the remarks made by your Excellency and power to extend the Ordinance by resulun hangit some undesirable to by the Hon. Mr. Farr, the Senior Un-tion of this Coupell

reason why absolutely necessary. The present legiala- make any changes other than those official Member. I had the privilege of that course was not adopted Mr. Lau Chu-pok's friendship for many there are two amending Ordinances and tion is by no means perfect; but to a

nd during the past five or dy it was thought more convenient to com- years, and months, working closely with him in bine the two, with the principal Ordia public affairs nearly every day. I learnt and in one new Ordiname; and, in any to regard

hncz only high esteem case some legislation would have been for his character and unfeigned admira necessary to add Few anal amendments tion for his

intellectual and capa. which are made in this Bill city for work, but with something akin to i a deer affection. No more public-sprited like to say, sir that the Hon. Mr. Chow

this hon-

I

The tenants ask for some

think the, présent legislation is quit sufficient, especially in view of the fact that the Registrar now makes a practice of noting the complaints

by tenants that.. their landlords will not collect or receive the reat comes to the rent. Any tenant whose landlord refuses. Registrar who makes certain extent the effect of it has been note of his case and if that landlord worked out by actual decisions in the makes an application for a distress war- rant the Registrar refuses it and no know where the usan Dints prople, now warrant is issued unless the landlord cant know where they are. Once you

to satisfy a

jurige that there is good reason amend au Ordinance of the kind you

1. I think that ought to be never know where you will end. Ocoining

sufficient protection, especially in view tiona and uncertainty and complications ver. Shuu-son has been good enough to give would he

he created This is

is the madin I venture to believe, served font services advice and has discussed the Bill with have been adopted otherwise have no for any amount of rent in "Exc of the mào, no mars fogal colleague ha ove the benefit of his experience d'ison why certain amendments which might excuse applies for a warrant of he rendered to the Colony are known to I do not wish to throw any rea- been. On 110

ourahle Council. The

Before deaung with the Rill. I should small amendment may affect several sec of clause 19 of the Bill which

20

ол

BOCME

тел

that any person, who, without

at recoverable under the Ordinance is to pay damages to the lens be ordered

The

HZ

be

made several suggestion, all, but perhaps it is not generally known persibilty on him; some of his views times, is that the Ordinance should apply

Agreement with those of to that fer scine years, especially while he were

tenant, to furnished

The teannts also raised again the old Shat was the Paior representative of the Government and some were rot: Pessibly are cases where it

question of the danger that some land- Chinese community, he gave almost all some would have been adopted if the Billrente are charged for furnished

lords by threatening to increase the rent time to the public, sacrificing his own had not beca merely a temporary one: but the matter is go full of private intereste and even his bealth A have to express my indebtedness to him that it socus impossible to deal with it in when the Ordinance cases to operain

ant for having been willing to discuss, the ban of Arong vi

will and independent

thea femporary measure like this. I will give may, in some case, induce the tenants to character,

one example of the difficulties of this part pay higher rent now. only he was unfortunately some Bill with me.

bis This Bill, as I have said, combines the of the Habject. Take a house which was last some very

gestion tenants could make on that wha times which wood by even

heavy penalty should people

in April last. The saddened him somewhat three existing Ordinances and includes feb by the owner, ye; he is not now provided in the Ordinance. The, anewer towards the end of his useful life. It is one or two amendmenta Ordinance 30

owner has gone on. in the Colony

nged his he has

to a satisfaction to me to know, and it must of 101 disappears in the definition sec

that, I think, is the tenant who arranged be to all bis friends, that it is already tion of the

the budget

is moved by that fear to the basis Bill. The body of the

of the rent realised, even by thor: who scuetimes Kill is primalis composed of the sec

pay a higher which bo has obtained sad which rent

rent now, is not going to inform or tell disagreed with him in his public policy. tions of the principal Ordinance and the the tenant is quite prepared to pay the police, and the cass will never be

discovered. that it would be difficult to fill the void frst Amending Ordinano, No. 95 of 1991. What is to happen in a case of that kind

It is also suggested by the tenanta in caused in the life of this community by No doubt the sections could have been is the rent to be suddenly reduced to his sudden and lamented death.

arranged better and in

in a more convenient the standard rent, which in some cases their petition tant in some cases the nure, air, that the tribute your Excellency order, but it was thought better to keep o

would be halving the rent the tenant has landlord, in order to get the tenants out, has just paid to Mr. Lau's memory is each former Ordinance separate in the agreed to pay? How would you sacer will put in workmen and make the house shared by all the thinking clames in this Bill. Accordingly, clausen 1 to 17 repre- tain in such a case what the standard sonerally unpleasant in order to induce Colony and will be deeply appreciated sent the principal Ordinance of 1021; rent is! The house may never have been the tenants to leave. They proposed that by the members of his family,

clauses 18 to 23 represent the first Amend. et furnished before, or not for many there should be an elaborate ing Ordingner, No. 15 of 1881, and clauses veure. If it had never been let furnished for calling in u architect who would "THE INCREASED TELEPHONE

before, how are we to arrive at the rent give an architect's certificate whether RATES.

Some of the

pay drafting amendments, made necesary in not, set about valuing the furniture and vonecessary the landlord should

No one architect's 16ca.. The Hon. Mr. A. R. Lowe gave notice order to combine the three present Ordip.

be driven to of his intention to ask the following | ances and to link up the present locila, won a porcentage on that; so "one complicated, and I think the tenants are

some percent-

Bufficiently protected by clause 20. shich questions" at the next meeting of thy tion with the Ordinance that will come age on either the assessed rent wheat says that ndy pereon who sets mala kac Council:-

into force on the lot of July if this Bill promises or the last amount In view of the one month's notice given is. The first thren clauses are com the house was taken unfurnished. The in liable to fine and damages. These are by Electric Co, Ltd, to increase the rates do not think I need refer to them here for many years to the current market further discussion of these pointa may the Chine, and Japan Telephone and posed cf were drafting alterations and house may not have been let unfurnished some of the suggestions and some of the

reasong why:

they are not adopted. Any charged to its subscribers (in the case of Clause 4 sub-clause 1, paragraph f., has would be on guide to the current business lines.by 20 per cent) have these been altered by the addition of a proviso, rate. If we were to take the awed be, left. I think, to the second reading. now charges been sanctioned by the The paragraph in question deals with the value, in some cases there is none in the and I beg now to move the first reading. Government; and, if so, will the Govern-case where a lessor requires possession of rase of fate, for example. All this showa mont lay on the table the papers op which he in order to pull it down and how very complicated and difficult say their decision was based!

that subject would be. rebuild it or to reconstruct it to such an legislation.on

#

#

1 to 27 are mendments are purely to be paid for the furniture1. One repairs were assoms, and 11 they Th

icon-

the

I think that is much too

"of the

The COLONIAL EROZETARY Recorded. The motion was agreed, to and the Bill was read a first time.