TNAG-0669-FCO40-818-Policy-on-housing-and-resettlement-in-Hong-Kong-1977 — Page 23

216

A J BRADBROOK

without notice at any time during the night or day.

HKLJ (1977)

Section 29

of the Housing Ordinance, which stipulates a fine of two thousand dollars and imprisonment for six months for any person who obstructs the Authority or an authorised officer in the exercise of any power imposed under the ordinance, would seem in its application to section 22 grotesque and out of all proportion to the gravity of the offence.

Rather than being an obligation on the tenant, it is submitted that clause 2 (v) should be restated in such a way that the Authority must first observe certain formalities before. exercising its right of entry into individual flats. The formalities would require that the Authority give five days' written notice to the tenant of its intention to inspect the premises or effect repairs. In the absence of any contrary, agreement, the visit should take place only during working hours. If the automatic right of entry by the Authority into individual flats is to be thus restricted, section 22 of the Housing Ordinance would need to be repealed. Although it is reasonable for section 22 to grant the Authority the right of entry at any time into the common areas of buildings not forming part of any individual flat, the legislation in this respect is unnecessary as all landlords possess this right at common law. Finally, if section 22 is repealed there would seem to be no objection to the continued existence of the penalties contained in section 29.

Clauses 2(q) and 2(s) can be cited as examples of unnecessary restrictions imposed by the tenancy agreement on the tenant's freedom of action. Under the former clause the tenant agrees not to affix any poster, signboard or advertising of any kind to any part of the interior or exterior of the flat. While it is reasonable for the Authority to ensure that the exterior of the flat is kept tidy and is not used for advertising purposes, provided that no damage is done to the interior of the walls it is surely of no concern to the Authority what is displayed thereon. In any case, it is highly unlikely that a tenant would wish to use the interior of the flat for advertising purposes as the only people who would see the advertisements would be his family or guests, and there can hardly be any valid objection to the displaying of a purely decorative poster.

In a similar manner clause 2 (s) goes beyond the Authority's area of legitimate concern. Here, the tenant agrees not to allow any person other than an approved member of his family to occupy the flats as a 'lodger or paying guest or in any other manner whatsoever.' The purpose of this sub-clause is to