TNAG-0669-FCO40-818-Policy-on-housing-and-resettlement-in-Hong-Kong-1977 — Page 22

VOL 7, NO 2

HOUSING AUTHORITY'S DISCRETION

215

legislation, nevertheless its mention in the agreement would have the advantage of drawing the attention of the tenant to the extent of his rights.

The tenancy agreement contains many cases of excessive penalties for non-compliance by the tenant. Clause 2 imposes 24 obligations on the tenant in relation to the upkeep of the premises. Most of these clauses seem reasonable, but it is suggested that their breach should not entitle the Authority to determine the tenancy without notice, at present under clause 4(b). For example, eviction without notice seems an incredibly harsh penalty for a tenant who fails to inform the Authority that he is keeping arms in the flat under a current firearms licence issued by the Commissioner of Police (clause 2(m)), or who fails to inform the Authority immediately of any alteration in his family caused by births, deaths or otherwise (clause 2(t)). It is submitted that clause 2 should be subdivided into separate clauses according to the nature of the various agreements. Those agreements where eviction could be regarded as a fair and reasonable penalty for a breach would be listed in one clause and would continue to be subject to the wording contained in clause 4(b). However, the more trivial agreements where eviction would seem an excessive penalty for a breach would be listed in a separate clause and the application of clause 4(b) would be excluded. These latter agreements would be described in the document as 'covenants' rather than 'agreements,' and under general principles of common law their breach would entitle the Housing Authority to sue the tenant for damages.

Unncessarily wide powers of entry are allowed the Authority in clause 2(v). Under this clause, the tenant agrees: "To permit the landlord and his agents and all persons authorized by him at all reasonable times to enter and view the said flat and to take an inventory of the fixtures and fittings therein and to do any repairs or work for which the landlord is liable hereunder.'

This provision is reinforced by section 22 of the Housing Ordinance, which reads: 'Notwithstanding the terms of any lease, an authorized officer may at any time in pursuance of his duties enter and inspect any building or part thereof in an estate.'

While it is reasonable for the Authority to have the right of inspection during a tenancy, it is surely unnecessary for the Authority to claim a right of inspection of individual flats