1925-05-29 — Page 5

LEGISLATIVE COUNCIL.

THE RENT'S ORDINANCE.

A meeting of the Hongkong Legislativo Council was hohl in the Council Chamber. yesterday. Present:-

His Excellency, the Governor (Sir R. E.

STUBBS, K.C.M. G.). His Excellepey the Officer Commanding the troops (Colonel F. S. MONTAQUE BATES, CB, CMG), D.S.0.). The Colonial Secretary (Hon. Sir CLAUD

SEVERN, K.B.E., C.M.G.). The Attorney-General (Eou. Sir HENRY

POLLOCK, K.C.).

The Colonial Treasurer (Hon. Mr. C. McL

MESAKE, OB.E.).. Hoa. Mr. HT. CRESY (Director of

Public Works).

Hon Mr. D. W. TRATMAN (Secretary for

Chinese Affairs),

THE RENTS ORDINANCE.

THE

A MISSING PIECE IN A VERBAL

The

MOSAIC."

Arroasey-Garmin moxed

Ances, 1922 and, 1044.

HONGKONG D'AILY PRESS, FRIDAY

هر

HE. THE GOVERNOR Personally I

can heartily sympathise with the object

MAY 29, 1925

THE DERATION OF THE ORDINANCE.." Hot Mr.. ALABASTER: I think when I

the honourable member has in view, but first received the Bill, it was the polier

H.E. THE GOVERNOR: I tear that the

I am constrained to say, that I very much of the Government to put an end to the the doubt whether it is practicable, and whe measure next year. Speaking for him. second reading of the Bill intituled Anther the actual result of inserting the self the hon. and learned member the Ordinance te amend the Kents Ordin-words would be anything at all. I think | Attorney-General) thought is unlikely. that it is almost impossible to expect I wonder whether it wna i definite policy The COLONIAL SECRETARY seronded. sub tenants to know whether the prin- to put an end to it at the end of the Hon. Mr. Chow SHOV. SON: Sir, For cipal tenant bas been affected by the year! the protection of the sub-tenants, may increas. I think you, will find that suggest the addition of a proviso to the law would remain to a large extent Section 3 of the Bill in order to cover a dead letter. But there is a further a certain eventually! It has occurred to point. I am glad to hear that the hon. me that if a landlord, out of generosity senior Chinese member considers there or for other reasons. does not increase are landlords who" out of generosity or the standard rent at all, or if he increases for other reasons will not increase the B. Dr. J B. ADDISON, BE... (Primit by, say, only five or ten per cent. 'standard ·reat; but I take another view Council and it the Council had decided! instead of the full fifteen per cent, as of..human nature. The real objection to allowed by the Bill, the principal tenant the amendment. I think, is the overload- shoukl not charge his sub-tenants more ing of the ordinance. My main desire than what the landlord actually charges has been to, the keep the ordinance as him. I submit that a principal tenarit clear as possible and to refrain from should not make any profit out of the overloading it with details all of which sub-tenants under cover of the Rents are liable to produce suits in Court which Ordinance. A principal tenant comes may be to the advantage of the Profes within the meaning of lessor," and sion, but not to the advantage of any other unless a proviso. is added in the sense section of the community. If the hon. suggested by me, he will under the Bill member presses the proviso, I will leave have the right and power to charge his it to the Council and acerpt anything sub-tenants increased rents up to fifteen it decides. per cent of the amount of the standard

cipal Civil Medical Officer).

Hon. Mr. P. H. HOLTCIE

Hos. Mr. A. O... Land.

Hon. Mr. Chow Sapi-sos.

Hon. Mr. H. W. BIRD

Hoa. Mr. R., H. KOTSWALL

Hon. Mr. C. G. ALABASTER. K.C., O.B.E. Mr. W. J. Catnit (Clerk of Councils).

MINUTES,

The minutes Bf the last meeting were

proved and signed,

TRIBUTE TO THE LATH MR.

MONTAGUE EDE.

FLE. Tax DoVERNOR! Gentlemen,-It will I think, be the desire of the Council

There being no further discussion at

it comes up again. If it were not I atter will be beyond my control when should hesitate to make a definite asser- tiou one way or the other. The ordin I think the circumstances which mande, ance has lasted longer than I expected the Bill necessary will cease to exist in I deliberately left the another year.. whole question to the decision of the that it should come to an end next men I would have accepted their decision. So far as I myself am concerned I would not advocate an extension beyond 1926. but on the other hand, if the Council decided otherwise I have no doubt that I would follow the policy I have adopt- ed in the past four years and bow to their decision. I decline in any case to commit myself.

Hon. Mr. ALIRISTER: could expect

That is all 1

The Bill passed through Committee with verbal amendments and the Law Committee met after the rising of the

Council to draft the amendment to Clause 3.

ADJOURNMENT. H.E. THE GOVERNOR : I propose. read a second time was put and car-Gentlemen, that we adjourn till this day ried.

week

-that-we should record. as a body_our_deep rents even though the landlord-has-not this stage, the motion that the Bill be!

Mr.

syrapathy with the widow and family of

taken advantage of the new law. I also the late Mr. Montague Ede in the

think that it cannot be too widely made terrible loss they have suffered.

known that the Bill affects the principal Ede was better known to the honourable tenant in his relation to his sub-tenants, members of the Council, than to myself,s well as the landlord in his relation as unfortunately his health had already

to him, and that therefore, before in-

BILL IN COMMITTEE. On the motion of the ATTORNEY-GENERAL the Council went into Committee to son- sider the Bill clause by clause.

On Chuse 2 a drafting amendment was

broken down when I came to the Caloty | creasing the rent, he must give his sub made in section 4, 1a.

I may

tenants two weeks notier and state in much notice the standard rent, and also the percentage by which he proposes to increase such standard rent. I am glad to say that my Chinew colleague con- curs in these views.

On Clause 3, the Hon. Mr. CHow SROC Sos suggested that a proviso should be inserted such as he haul suggested in his speech in Council.

H.E. THE GOVERNOR: I am afraid we shall have to ask you to produce the wording.

FINANCE COMMITTEE.

A meeting of the Finance Committee was then held, the Colonial Secretary presiding.

4*

HARBOUR MASTER'S DEPARTMENT. The Governor recommended the Council to voto a sum of $3,330 in aid of the vote; Harbour Master's Department, personal emoluments.

But I feel that the Colony has lost a very valuable citizen and the British Empire surdent patrist. I have the greatest respect and admiration for Mr. Ede's

The CHAIRMAN said this sum of 85,530 rueter, and the pluck and courage he

is made up of several items of which there are only two large ones. Included showed in carrying on his ardyous le

The ATTORNEY-GENERAL I am much Hon. Mr. ALABASTER said it seemed to among them was an allowance of $50 a in the pour "state of health he was in obliged to the Hon. Senior Chinese Un-him that as the Clause was now drafted month made to Mr. R. Hall. Assistunt for years, showed a tremendous amount official ember for having given me a tenant who did not wish to pay any Government Marine Surveyor, for the

Inntice of his intention to bring forward sal character and grit. He was, as the motion he has made that the prin higher rent was not given the option of first six months of this year. It was a He could give special allowance for work done, on kuow, a prominent figure in the business ripal tenant should not be permitted leaving the premises.

Hon. Mr. H. W. Bren: Why is that world here, but what remains most in to increase, the rest of the sub-tenant notice to quit but would his rent during Sundays and holidays.

to a greater degree of percentage than the period of notice be on the origina. iny memory are the broad-minded views it is increased by the principal landlord or the higher basis? The language of secessary, Sir?

The CHAIRMAN: Mr. Hall has taken rath watch he approached every subject to the principi tenant. But this matter the clause was at present obscure, and He always struck me as a man whose has been considered by the Government it seemed to him that there ought to he over the charge of the Government slip- idea was to consider what good use he muld make of his wealth and influence and with regret we have come to the some words in the ordinance ectitling way and yard at Yaumati and it is conclusion that if such a provision were the tenant, if he objected to the higher essential to work at that place on Sun- fur the benefit of other people. mention one or two things, such as the inserted in this Bill it would be imprecrea to leave ba giving proper notice days and bolidays. It is a temporary ticable. The whole scheme of the amend and not be required to pay more than measure and should the new system of Kowloon Tong Scheme, te which he sent allowing the 15 per cent, increase the original rent during the currency of work and the slip for the repair of police launches prove a success it is proposed devoted much time and a great amount of money on the provision of accomoda posed by this Bill is to leave it that notice.

entirely free to any lessor; and as my The ATTORNEY-GENERAL said the hon. to bring all Government craft in the

harbour under one direction.

At pre- tion for the poorer classes whom he con hon. friend has pointed out, such a and learned member bad mentioned thr sidered ceeded it greatly. He was heid lessor, of course, includes the lessor not point to him a few days ago, but he was; sent it is necessary that whoever has charge of the Government slip at is very great respect by all, and the only of a whole building but the lessor unable to see that there was any rea! Yaumati should work on Sundays and "Colony is distinctly the pourer to-day by any part of a building, even down necessity to make the amendment sug holidays.

to bed space, to increase the rent pro- geated because in 009. cases out of the

Hon. Mr.LANG: Do "Government. Hon. Mr. E. II. HOLYDAK: Sir, on vided he does not increase it to an ex- 1,000 the tenant would be able to leave officials get paid for overtime, Sir? behalf of the Unofficial Members of the tent beyond 15 per cent. of the standard on giving a month's nation

The CHAIRMAN: Their pay is not very Bouncil i would like to say that we de-

HE. THE GOVERNOË: I think Mr. rent. I think, Sir, that being the general

high, and it is considered that the officer sire to asxiate ourselves, with the marks which have fallen-from-you-lips-principle adopted by this Hill it would Alabaster's point is that if the tenantho has to work on Sundays and beli it was my privilege to know the late only introdu idiculties if we told gives-notice he would be stuck for the days should receive some additional re. dr. Ede for many years as a personal the liberty of increasing his rent up Hoa, Mr. ALABASTER: That is the Hon. Mr. LANG: In my office we have friend. He was a than of extraordinary to the full amount of 15 per cent. allow-point. intellectual power and force, wide vision for by this amending Bill, for the

H.E. THE GOVERNOR facetiously remark.great deal of work on Sundays and and deep sympathy, and had great ideals reason that his own principal landlorded, that the clause in it stood contained holidays owing to ships coming and for the public services. Long before he

pay for overtime.

It is clearly a game to the Colony he had exhibited would only increase the rent up to say what, was probably one of the longest, going and none of my nasistants expect five or seu per vent. I think, Sir, that sentences in the English language, and thesis powers in the neighbouring centre. if we put any such proviso in this Bill there would be considerable difficulty in Hon. Mr. Ho

case for increasing the remuneration. Shanghai, and when he came here befit would probably cause a good deal of altering the form of words xu as to cover, The CHAIRMAN: All these assistants devoted his extraordinary gifts to the

have the same pay, but one is put on the public services. I think, ir, I may sagnfusion because the principal tenant the point raised.

might not unjustly elning the right to Hom Mr. ALABASTER suggested that a

extra duty on Sundays and holidays that it had bert the hope and wish of increase his rent up to 15 per cent., and paragraph might be added to this effect: throughout the year. It is rather tech- the Colony for several years to see his might find himself in a difficulty. Fur Provided nothing herein entities the

If we increased the Inne either in the New Year Honours, ther, Sir, there is the point that if you. landlord to recover, more than the stand, nien) work and it is better it should be

the Kur's Birthday Honours List. I am sure I voice the feelings of all the introdue to the Bill a proviso such ard rent from any tenant who un receiv. anembers of the oil in saying that

suggests there would be these obvious notice to terminate his tenancy:" the Colony has Just 1

his foss.

11.

50+

principal tenant that he must not have higher rent.

muneration,

pay of all the assistants it would be

done by one man. Is the Hen. Senior Chinese Membering the notice aforesaid, gives proper rather a large amount. It would not, be great-hearted | dishculties; namely, that the sub-tenant hon. member added that he would necessary. because they are not all doing]

The

this extra work. It is not a very large) ritizen whose pánve in will be difficult to of a domestic tenement would not be hesitate to propose that exact wording amount in question.

Hon. Mr. LANG: It is the principle, Hon Mr. Cauw Saut Sas Sir, aware probably in any ense whether his without further consideration.

particular lessor, the principal tenant. Hon. Mr. HOLTOAK suggested that the Sit. senior representative of the Chinese had. or had tot, had his rent increased clause might read: Provided that no The CHAIRMAN: The Best item is the respectfully asociate myself with the to the fut amount of 15 per cent. I, Sir, increase of rent shall be demanded from salary of Mr. R. Hunter who has been remarks that have fallen from the lips am not in favour and the Government is any sub-lessee by a principal lessor ca

promoted 5th Government marine sur- of Your Excellency and the Senior Unot in favour of the suggestion put for in cases where the uwner has exer-

veror at a salary of $350 a month. Mr. oficial Member. The late Mr. Edit was ward of the Chinese member being incised bis, right under the Ordinance.

Russell, the principal marine surveyor. A great friend of the Chinese and be corporated in this Bill. With regard to There was absolutely no just cause what is on leave and owing to the amount of had done much good work for them. My the latter part of the Hon. Member's re-ever, he added, why a sub-tenant should work which has now to be done by this Triendship with him extended over a

eriod of 35 years and I know how highly marks, 1 may say I fully and cordially be squeezed by a lessor when the lessor special sub-department of the Harbour; he was regarded by all classes of Chinese agree with hime it cannot be too widely himself had not had his rent raised.

kaown that this hending Bill affects Hon. Mr. ALABASTER suggested that the Office, it has been necessary to engage forbis sterling qualities and sympathy the principal-tenant in bis relation to clause should be referred to the Law another surveyor, "and the vote is ta provide his salary. The next item is an allowance of $23, being the difference Yaumati

for the poor and needy. His death is the sub-tenant as well as it affects the Committee. serious loss to the Colony but we, his landlord in relation to the principal Hon. Mr. KoreWALLA. Í am strongly in of salary for a senior clerk from the friends, have the consolation of feeling tenant, and therefore before increasing favour of this proviso. I agree with Post Office transferred to that though he is un longer with us must the rent the lessor must give his sub- your Excelleney that it would be unwise slipway, when the work was reorganised. of his work will endure. On behalf of the tenants two weeks' notice and state in to overload the Bill with details," but

for a 6th class clerk. The last item of joias with ine, wish to be associated in percentage by which he proposes to in-principle. The Rents Ordinance was not Chinese. I, and my Chinese colleague such notice the standard rent and the this is not a question of detail but of The salary provided in the estimates was the expression of sympathy with. Mrs.

crease such standard rent. That, Sir, intended to prait the principal tennant 23 is the salary for an Ede and family.

as the Hon. Member has pointed out, and we are most anxious to do what we sailmaker at Yaumati slipway. Members of the Council stood in their is an obligation which rests on the lessor, can to protect the sub-tenants who are amounts make up the total in the finan

cia mote

"PAPERS.

FINANCE.

1

Assistant

Theno

Approved.

MOSQUITO, PROOY POR NEW TERRITORY POLICE STATIONS:"

action.

HE THE GOVERNOR: I will ask the lets any tenement and any person occupy very strongly urge that the proviso be

ing any sub-division of the building.. I introduced. Clerk of Councils to convey this expres would add, Sir, on that point that I After further efforts to get a suitable "aion to Mrs. Ede.

trust that the Government will do all in form of words, the Hon Mr. Alabaster The Governor recommended the Council its power to bave explained to the said he really hoped the Government to vote a sum of $7,000 on account of Extraordinary, New The COLONIAL SECRETARY, by command Chinese the provisions of this Bill, and world adopt the suggestion he had made Public Works, of H.E. The Governor, laid upon the would suggest, if I might do so, to to refer the matter to the Law Com Territories, Miscellaneous. Provision of Mosquito Proof for certain Police Sta- table the Report on the Kowloon-Canton the hon. Chinese members of this Cuan-mittee.

HE Tax GoVERROR: What. I parti- tions in the New Territories, Railway for the year 1994 and a number cil, that they should do their pest in this.

The CHAIRMAN: Hon. members will re- of orders and regulations made by the respect to inform all the parties affected cularly wanted was to get the thing

member that there was an outbreak of Governor in Council and published in the by this Bill of the provision it contains settled, but I feel I cannot resist th

malaria at Shautokok Police Station, and Last number of the Government Gazette, and see, so far as they can, that these suggestion.

provisions are fully understood by the The ATTORNEY-GENERAL asked how long subsequently it was found the land sur- Chinese members of the community. period would his hon. and learned counding Taipo and the new station. At The COLONIAL SECRETARY, by command Hon. Mr. P. H. HOLYOAK: Sir, Infriend suggest that the lessee should Shatin was infested by mosquitos The Government had two propositions of ELE The Gomeraer laid on the table discussing with my honourable friend the have after the receipt of the notice. Finance Minutes Nos. 21 to 23 and moved preliminary notice which I had, of this Hon. Mr. Austen: He should be put befork them. One was to drain cer that they be referred to the Finance Com-amendment I did not quite realise the entitled to terrainnte, his, tenancy then tain areas around the stations and the fall import of it. Personally, I must and there or on proper" potice to quit. other was to put gauze in all the windows The COLONIAL TREASURER seconded, say that I am inclined to agree with inm. After further discussion BE. The and doors of the stations to keep mos It was thought that the and the motion' was agreed to.

The suggestion that quitos out.. The leasor under the principal tenant Governor said: The COLONIAL SECRETARY, by command has, in equity, no right to increase his holds the field now is that the proposal second proposition was the beat, and of H. The Governor laid on the table rental charge to the sub-tenants if his should be referred to the Law Committee that system has been adopted. The re the Report of the proceedings of the own principal rent has not been increased in order that it might be able to fit Bult is that at Taipo 2,580 was spent, Fianace Committee (No. 3) and moved by the owner himself, did not quite into the verbal mosaic now on the table at Taipoling $800, at Shatin Police! that it be adopted.

realize before that this was what my the anggestion that has been made by Station $2,200, and at Shautokok 2000,

making, a total of $7,000. The COLONIAL Takasunen seconded, "and hon. friend claims. In equity I think it the Senior Chinese member.. ́.. the motion was, agreed to.

(Continued on page T.) is right.

This suggestion was adopted.

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